Common use of Repairs and Alterations Clause in Contracts

Repairs and Alterations. 9.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shall, at its sole cost and expense, perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant; (g) Alterations and (h) Rooftop Equipment (defined in Section 28 below). To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment). If Tenant fails to commence to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day period, Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. “

Appears in 2 contracts

Samples: Office Lease Agreement (Bitstream Inc), Office Lease Agreement (Marlborough Software Development Holdings Inc.)

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Repairs and Alterations. 9.01 9.01. Tenant shall periodically inspect promptly provide Landlord with notice of any conditions in the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shallTenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.03); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the Premises; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (f) supplemental air conditioning units, kitchens. All repairs and other work performed by Tenant or its contractors, including hot water heatersthat involving Cable, plumbing, and similar facilities exclusively serving Tenant; (g) Alterations and (h) Rooftop Equipment (defined in Section 28 below). To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage be subject to the Building caused by the acts terms of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment)Section 9.03 below. If Tenant fails to commence to make any repairs to the Premises for more than 15 days after written notice from Landlord (although notice shall not be required in an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day period), Landlord may make the repairs, and and, within 30 days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. Notwithstanding the foregoing, if the repair to be performed by Tenant cannot reasonably be completed within 15 days after Landlord’s notice to Tenant, Landlord shall not exercise its right to make such repair on Tenant’s behalf so long as Tenant commences such repair within 5 days after notice from Landlord and is diligently pursuing the same to completion.

Appears in 2 contracts

Samples: Office Lease Agreement (Akebia Therapeutics, Inc.), Office Lease Agreement (Akebia Therapeutics, Inc.)

Repairs and Alterations. 9.01 Tenant shall periodically inspect Subject to Landlord's warranty obligations described in Exhibit D and except to the Premises to identify any conditions that extent such obligations are dangerous or in need of maintenance or repair. Tenant shall promptly provide imposed upon Landlord with notice of any such conditions. Tenant shallhereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the interior portions of the Premises that as are not Landlord’s express responsibility under this Lease, and necessary to keep the Premises same in good condition and repairrepair throughout the entire Lease Term, reasonable wear and tear and casualty damage (only to the extent of the insurance proceeds received by Landlord relating to such casualty) excepted. Tenant’s 's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (a1) any carpet or other floor covering; , (b2) any interior partitions; , (c3) any doors; , (d4) the interior side sides of any demising walls; , (e5) electronicany telephone and computer cabling that serves Tenant's equipment exclusively, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (f6) any supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbingany plumbing in connection therewith, and similar facilities exclusively serving Tenant; (g) Alterations Tenant exclusively, and (h7) Rooftop Equipment (defined any alterations, additions or improvements performed by contractors retained by Tenant. All such work shall be performed in Section 28 below). To accordance with the extent terms of this Lease and the rules, policies and procedures reasonably enacted by Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord from time to time for the cost performance of repairing damage to work in the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment)Building. If Tenant fails to commence to make any necessary repairs to the Premises for more than 15 within 30 days after receipt of written notice from Landlord (although notice shall not be required in an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day periodLandlord, Landlord may may, at its option, make the such repairs, and Tenant shall pay the actual, reasonable cost thereof to the Landlord on demand. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon: (a) all structural elements of the repairsBuilding; and (b) all mechanical, together with an administrative charge electrical and plumbing systems that serve the Building in an amount equal general; and (c) the Building facilities common to 10% of all tenants including, but not limited to, the cost of ceilings, walls and floors in the repairs. “Common Areas.

Appears in 1 contract

Samples: Office Lease Agreement (Republic Bancshares Inc)

Repairs and Alterations. 9.01 8.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair, but Tenant’s failure to discover and thereafter report any latent or non-obvious conditions shall not be a breach of this Lease. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shallTenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in as good condition and repairrepair as on the Rent Commencement Date, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 8.03); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the Premises; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (f) supplemental air conditioning units, kitchens. All repairs and other work performed by Tenant or its contractors, including hot water heatersthat involving Cable, plumbing, and similar facilities exclusively serving Tenant; (g) Alterations and (h) Rooftop Equipment (defined in Section 28 below). To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage be subject to the Building caused by the acts terms of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment)Section 8.03 below. If Tenant fails to commence to make any repairs to the Premises for more than 15 fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day period), Landlord may make the repairs, and and, within thirty (30) days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% three percent (3%) of the cost of the repairs. “.

Appears in 1 contract

Samples: Office Lease Agreement (Bridgeline Software, Inc.)

Repairs and Alterations. 9.01 9.01. Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shallTenant, at its sole cost and expensecost, shall promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (defined in Section 9.03); (f) supplemental air conditioning units, restrooms, kitchens, including hot water heaters, plumbing, and similar facilities and other mechanical (including HVAC), electrical, plumbing and fire/life safety systems and equipment exclusively serving Tenant, whether such items are installed by Tenant, or by Landlord for the benefit of Tenant, or are currently existing in the Premises; (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant and located in the Premises or other portions of the Building (collectively, “Cable”); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant; (g) Alterations and (h) Rooftop Equipment (defined in Section 28 below)window blinds. To the extent Landlord is not reimbursed All repairs and other work performed by insurance proceedsTenant or its contractors, Tenant including that involving Cable, shall reimburse Landlord for the cost of repairing damage be subject to the Building caused by the acts terms of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment)Section 9.03 below. If Tenant fails to commence to make any repairs to the Premises for more than 15 days after written notice from Landlord (although notice shall not be required in an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day period), Landlord may make the repairs, and and, within 30 days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. “.

Appears in 1 contract

Samples: Office Lease Agreement (CrowdStrike Holdings, Inc.)

Repairs and Alterations. 9.01 Landlord shall maintain the structural portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, life-safety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems (provided, however, that Landlord’s obligation with respect to any such systems shall be to repair and maintain those portions of the systems located in the core of the Project or in other areas outside of the Premises, but Tenant shall periodically inspect be responsible to repair and maintain any distribution of such systems throughout the Premises or which are required to identify any conditions that are dangerous be upgraded as a result of Tenant’s Alterations or improvements to the Premises). Except as expressly provided as Landlord’s obligation in need of maintenance or this Article 9, Tenant shall keep the Premises in good condition and repair. Tenant Subject to the provisions of Article 14, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises shall be promptly provide Landlord with notice of any such conditions. Tenant shallrepaired by Tenant, at its sole cost and expense, perform to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all maintenance such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant’s receipt of written notice and the reasonable opportunity of Tenant to make said repair within ten (10) business days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall be paid by Tenant within thirty (30) days from invoice from Landlord. Tenant shall be responsible for the design and function of all nonstandard improvements of the Premises, whether or not installed by Landlord at Tenant’s request. Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “CableAlterations); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbingwithout Landlord’s prior written consent, and similar facilities exclusively serving Tenant; (g) then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and (h) Rooftop Equipment (defined submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. If Landlord, in Section 28 below). To the extent Landlord is not reimbursed by insurance proceedsapproving any Alterations, specifies a commencement date therefor, Tenant shall reimburse not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord for the cost free and harmless from all liens and claims of repairing damage to the Building caused by the acts lien, and all other liability, claims and demands arising out of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment). If Tenant fails to commence to make any repairs work done or material supplied to the Premises for more than 15 days after by or at the request of Tenant in connection with any Alterations. If permitted Alterations are made, they shall be made at Tenant’s sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice from Landlord (although notice shall not be required in an emergency) to Tenant given at the time the Alterations are approved, require Tenant at Tenant’s expense to remove all partitions, counters, railings and other Alterations installed by Tenant, and to continuously repair any damages to the Premises caused by such removal. Any and diligently proceed all costs attributable to complete or related to the repair if same canapplicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenant’s plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 9, Landlord shall be entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not be completed within said 15 day periodTenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such work. As a condition to Landlord’s approval of any Alterations, Landlord may make require Tenant to execute a Tenant Work Letter in the repairs, and Tenant shall pay form attached hereto as Exhibit “D.” Notwithstanding anything to the reasonable cost of the repairs, together with an administrative charge contrary contained in an amount equal to 10% of the cost of the repairs. “this Lease,

Appears in 1 contract

Samples: Office Lease (Thomas Weisel Partners Group, Inc.)

Repairs and Alterations. 9.01 After receipt from Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with written notice of any such conditions. Tenant shallthe need therefore, Landlord, at its sole cost and expense, perform all maintenance and shall make necessary repairs to the Premises that are not foundation, outer walls, interior load bearing walls and roof of the Building and the Building’s Common Areas. Notwithstanding the foregoing, Landlord shall be released of its obligation under this Paragraph if the need for repair was caused by, or Landlord’s express responsibility under this Leaserepair is disturbed, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs toby: (a) floor covering; (b) interior partitions; (c) doors; (di) the interior side misuse, improper conduct, omission or neglect of demising walls; (e) electronicTenant, phone and data cabling and related equipment that is installed by its subtenants, agents, servants, employees, contractors, invitees or for the exclusive benefit of Tenant licensees (collectively, “CableTenant’s Agents”); and/or (fii) supplemental any improvements or changes in or to the Premises made by or for Tenant. Tenant, at its expense, shall keep the Premises (and any Building systems located outside the Premises and which exclusively serve the Premises) in good order and condition and shall make all repairs therein and thereto which are not required of Landlord pursuant to the immediately preceding Paragraph. Tenant shall maintain and repair the heating, air conditioning units, kitchens, including hot water heaters, and ventilation (HVAC) serving the Demised Premises and contract with licensed HVAC repair company to perform monthly maintenance of same. Tenant shall maintain and repair plumbing, lighting and similar facilities exclusively serving Tenant; electrical systems within the Demised Premises except any change to electrical or plumbing due to the building not meeting Building Code which change is not related to work done by Xxxxxx. Except as expressly consented to in writing by Landlord, Tenant will make no alterations, additions or improvements in or to the Premises, provided however, Landlord shall not unreasonably withhold its consent to any alterations, additions or improvements so long as: (gi) Alterations the aggregate cost thereof does not exceed $2,000 and (hii) Rooftop Equipment such alterations, additions or improvements do not affect the structure or exterior portion of the Building, or the electrical, mechanical, telecommunications, plumbing or other Building systems. All alterations, fixtures or improvements, except office furniture, other personal property and fixtures which shall be readily removable without injury to the Premises, shall be and remain a part of the Premises at the end of the Term, unless Landlord, by written notice given to Tenant at least thirty (defined 30) days before the end of the Term, elects to have all or any of the same removed, in Section 28 below)which case Tenant shall remove the same at its expense. To the extent Landlord is not reimbursed by insurance proceedsIn all events, Tenant shall reimburse Landlord promptly repair all damage caused in connection with any removal provided for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment). If Tenant fails to commence to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day period, Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. “this Paragraph.

Appears in 1 contract

Samples: Vapor Corp.

Repairs and Alterations. 9.01 a. The Tenant shall periodically inspect covenants that throughout the Premises term of this Lease in good care of the Demised premises, including all alterations, changes and improvements at any time erected thereon, and to identify any conditions that are dangerous or keep and maintain same in need of maintenance or repair. Tenant good order and condition, and shall promptly provide Landlord with notice of any such conditions. Tenant shallmake, at its sole cost and expense, perform all maintenance repairs and replacements to all non-structural elements and the interior of the Demised Premises, including but not limited to windows, window frames, doors, locks, closing devices, floors, floor coverings, walls (other than structural defects), ceilings, fighting fixtures and bulbs. Tenant shall also keep and maintain in good order and condition, and shall promptly make, at its sole cost and expense, all repairs and replacements to all electrical, air conditioning, heating, plumbing and other mechanical installations. Tenant shall also, at its sole cost and expense, maintain and repair exterior signs affixed to the Demised Premises that are not or elsewhere and Tenant shall replace any glass windows in the Demised Premises, if damaged or broken. Tenant shall keep and maintain the Demised Premises clean and orderly, free and clear of accumulations of dirt and debris. Landlord shall be responsible throughout the term of this Lease for maintaining and repairing the roof, exterior and all structural elements of the Demised Premises and the parking lot. Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s 's obligation to repair and maintain the roof, exterior and structural elements of the Demised Premises and the parking lot shall exclude any damage done thereto by Tenant or any of its employees, guests, invitee or contractors. Tenant shall not be entitled to any set-off or abatement in Base Rent or Additional Rent in the event that its use or occupancy of the Demised Premises is temporarily disturbed or diminished as a result of repair or maintenance obligations includework of Landlord or its agents, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) electronic, phone and data cabling and related equipment that is installed by workers or for the exclusive benefit of Tenant (collectively, “Cable”); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving contractors. Landlord shall endeavor to minimize any such interference with Tenant; (g) Alterations and (h) Rooftop Equipment (defined in Section 28 below)'s use or occupancy while performing work to such extent as reasonably practical. To the extent Landlord is not reimbursed by insurance proceedsIf such disturbance or diminishment continues continuously after 60 days' notice from Tenant, Tenant shall reimburse Landlord for the cost of repairing damage be entitled to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment). If Tenant fails terminate this Lease on notice to commence to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day period, Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. “Landlord.

Appears in 1 contract

Samples: Lease Agreement (Scantek Medical Inc)

Repairs and Alterations. 9.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shallTenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”)Alterations; (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenantthe Premises, whether such items are installed by Tenant or are currently existing in the Premises and whether such items are located within or outside of the Premises; and (g) Alterations electronic, fiber, phone and data cabling and related equipment installed by or for the exclusive benefit of Tenant (h) Rooftop Equipment (defined in Section 28 belowcollectively, “Cable”). To Provided, however, if any such floor covering, interior partitions, doors, supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities installed in the Premises by Landlord as part of the Tenant Improvements fails or proves to be defective, then to the extent such failure or defect is covered by warranty or guarantee provided by a third party to Landlord, Landlord is not reimbursed shall use commercially reasonable efforts to enforce such warranty or guaranty. All repairs and other work performed by insurance proceedsTenant or its contractors, Tenant including that involving Cable, shall reimburse Landlord for the cost of repairing damage be subject to the Building caused by the acts terms of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment)Section 9.03 below. If Tenant fails to commence to make any repairs to the Premises for more than 15 fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day period), Landlord may make the repairs, repairs and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% [***] percent ([***]%) of the cost of the repairs. “.

Appears in 1 contract

Samples: Office Lease Agreement (Third Harmonic Bio, Inc.)

Repairs and Alterations. 9.01 Landlord shall maintain the structural ----------------------- portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems (provided, however, that Landlord's obligation with respect to any such systems shall be to repair and maintain those portions of the systems located in the core of the Project or in other areas outside of the Premises, but Tenant shall periodically inspect be responsible to repair and maintain any distribution of such systems throughout the Premises, except the existing HVAC System in the Premises, the responsibility for repair and maintenance of which shall be as provided in Article 11 hereof). Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep the Premises to identify any conditions that are dangerous or in need of maintenance or good condition and repair. Tenant Subject to the provisions of Article 14 hereof, all damage or injury to the Premises or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises shall be promptly provide Landlord with notice of any such conditions. Tenant shallrepaired by Tenant, at its sole cost and expense, perform to the satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and oversee all maintenance such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (f"ALTERNATIONS") supplemental air conditioning units, kitchens, including hot water heaters, plumbingwithout Landlord's prior written consent, and similar facilities exclusively serving Tenant; then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Notwithstanding anything to the contrary contained herein, Tenant may make strictly cosmetic changes to the finish work in the Premises (gthe "COSMETIC ALTERATIONS"), without Landlord's consent, provided that the aggregate cost of any such alterations does not exceed Ten Thousand Dollars ($10,000.00) Alterations in any twelve (12) month period, and further provided that such alterations do not (i) require any structural or other substantial modifications to the Premises, (ii) require any changes to, nor adversely affect, the systems and equipment, and (hiii) Rooftop Equipment affect the exterior appearance of the Project. Tenant shall give Landlord at least thirty (defined 30) days prior notice of such Cosmetic Alterations, which notice shall be accompanied by reasonably adequate evidence that such changes meet the criteria contained in Section 28 below)this Article 9. To the extent Landlord is not reimbursed Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by insurance proceedsLandlord. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall reimburse not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord for the cost free and harmless from all liens and claims of repairing damage to the Building caused by the acts lien, and all other liability, claims and demands arising out of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment). If Tenant fails to commence to make any repairs work done or material supplied to the Premises for more than 15 by or at the request of Tenant in connection with any Alterations. If permitted Alterations are made, they shall be made at Tenant's sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant given at least thirty (30) days after notice from Landlord (although notice shall not be required in an emergency) prior to the end of the Term, require Tenant at Tenant's expense to remove all partitions, counters, railings and other Alterations installed by Tenant, and to continuously repair any damages to the Premises caused by such removal. Any and diligently proceed all costs attributable to complete or related to the repair if same cannot applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenants plans, specifications, improvements, alterations or otherwise shall be completed within said 15 day periodpaid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 9, Landlord may make shall be entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the repairswork directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and Tenant shall pay the reasonable cost of the repairs, together other costs and expenses arising from Landlord's involvement with an administrative charge in an amount equal to 10% of the cost of the repairs. “such work.

Appears in 1 contract

Samples: Office Lease (Digital Insight Corp)

Repairs and Alterations. 9.01 Tenant shall periodically inspect A. Except to the Premises to identify any conditions that extent such obligations are dangerous or in need of maintenance or repair. Tenant shall promptly provide imposed upon Landlord with notice of any such conditions. Tenant shallhereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that as are not Landlord’s express responsibility under this Lease, and necessary to keep the Premises same in good condition and repairrepair throughout the entire Lease Term, reasonable wear and tear excepted. Tenant’s 's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (a1) any carpet or other floor covering; , (b2) any interior partitions; , (c3) any doors; , (d4) the interior side of any demising walls; , (e5) electronicany telephone and computer cabling that serves Tenant's equipment exclusively, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (f6) any supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbingany plumbing in connection therewith, and similar facilities exclusively serving Tenant; (g) Alterations Tenant exclusively, and (h7) Rooftop Equipment (defined any alterations, additions or improvements performed by contractors retained by Tenant. All such work shall be performed in Section 28 below). To accordance with section X.B. below and the extent rules, policies and procedures reasonably enacted by Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord from time to time for the cost performance of repairing damage to work in the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment)Building. If Tenant fails to commence falls to make any necessary repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day periodPremises, Landlord may may, at its option, make the such repairs, and Tenant shall pay the reasonable cost of thereof to the repairsLandlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10% %) of the cost of the such repairs. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon (a) all structural elements of the Building; and (b) all mechanical, electrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including, but not limited to, the ceilings, walls and floors in the Common Areas. In addition, Landlord may elect, at the expense of Tenant, to repair any damage or injury to the Building caused by moving property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or by misuse by, or neglect, or improper conduct of, Tenant or any Tenant Related Parties (hereinafter defined.)

Appears in 1 contract

Samples: Office Lease Agreement (Information Management Associates Inc)

Repairs and Alterations. 9.01 Landlord shall maintain the structural portions of the Project including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair the basic mechanical, electrical, lifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems (provided, however, that Landlord's obligation with respect to any such systems, after delivery to Tenant of such systems in good operating condition, shall be to repair and maintain those portions of the systems located in the core of the Project or in other areas outside of the Premises, but Tenant shall periodically inspect be responsible to repair and maintain any distribution of such systems throughout the Premises). Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep the Premises to identify any conditions that are dangerous or in need of maintenance or good condition and repair. Tenant All damage or injury to the Premises or the Project caused by the willful act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises shall be promptly provide Landlord with notice of any such conditions. Tenant shallrepaired by Tenant, at its sole cost and expense, perform to the reasonable satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty, Landlord shall have the right (but not the obligation) to select the contractor and oversee all maintenance such repairs. Landlord may make any repairs which are not promptly made by Tenant after Tenant's receipt of written notice and the reasonable opportunity of Tenant to make said repair within five (5) business days from receipt of said written notice, and charge Tenant for the cost thereof, which cost shall be paid by Tenant within five (5) days from invoice from Landlord. Tenant shall be responsible for the design and function of all non-standard improvements of the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the Premises that are without Landlord's prior written consent, which consent shall not be unreasonably withheld by Landlord’s express responsibility under this Lease, and keep then only by contractors or mechanics approved by Landlord in writing and upon the Premises approval by Landlord in good condition writing of fully detailed and repairdimensioned plans and specifications pertaining to the work in question, reasonable wear to be prepared and tear exceptedsubmitted by Tenant at its sole cost and expense. Tenant’s repair Tenant shall at its sole cost and maintenance obligations includeexpense obtain all necessary approvals and permits pertaining to any work approved by Landlord. If Landlord, without limitationin approving any work, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant; (g) Alterations and (h) Rooftop Equipment (defined in Section 28 below). To the extent Landlord is not reimbursed by insurance proceedsspecifies a commencement date therefor, Tenant shall reimburse not commence any work prior to such date. Tenant hereby indemnifies and agrees to hold Landlord for the cost free and harmless from all liens and claims of repairing damage to the Building caused by the acts lien, and all other liability, claims and demands arising out of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment). If Tenant fails to commence to make any repairs work done or material supplied to the Premises for more than 15 days after by or at the request of Tenant. If permitted alterations, changes, or additions are made, they shall be made at Tenant's sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by notice to Tenant given concurrently with Landlord's consent to any alterations, changes, or additions, require Tenant at Tenant's expense to remove all partitions, counters, railings and the like installed by Tenant, and to repair any damages to the Premises caused by such removal. Any and all costs attributable to or related to the applicable building codes of the city in which the Project is located (or any other authority having jurisdiction over the Project) arising from Tenants plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, alterations or any other work arising from or related to this Article 9, Landlord shall be entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord but in no event will exceed five percent (although 5%)) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord's involvement with such work. The construction of initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not the terms of this Article 9. Notwithstanding anything to the contrary contained herein, Tenant may make strictly cosmetic changes to the finish work in the Premises ("Cosmetic Alterations") without Landlord's consent, provided that the aggregate cost of any such changes does not exceed $20,000.00 in any twelve (12) month period, and such changes do not require any structural or other substantial modifications to the Premises, do not require any changes to, or adversely affect, the Project systems and equipment, and do not affect the exterior appearance of the Project. Tenant shall give Landlord at least thirty (30) days prior notice of such Cosmetic Alterations, which notice shall not be required accompanied by reasonably adequate evidence that such changes meet the criteria contained in an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day period, Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. “immediately preceding sentence.

Appears in 1 contract

Samples: Office Lease (Sound Source Interactive Inc /De/)

Repairs and Alterations. 9.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditionsconditions discovered by Tenant or of which Tenant becomes aware. Tenant shall, at its sole cost and expense, perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and Tenant shall keep the Premises in good the same condition and repairrepair as it was originally delivered to Tenant by the Landlord (whether delivered pursuant to the terms of this Lease, the Prior Lease or the Sublease Agreement), reasonable wear and tear tear, repairs and improvements expressly required to be performed by Landlord pursuant to the express terms of this Lease (including, without limitation Section 16 hereof), removal and/or remediation of Hazardous Materials (as defined in Exhibit B) introduced to the Premises by Landlord during the Term or for which Tenant is not liable pursuant to the terms and conditions of second paragraph of Article 5 of this Lease, and damage caused by Casualty and Taking excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (whether originally installed pursuant to the terms hereof, the Prior Lease or the Sublease Agreement, collectively, “Cable”); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant; and (g) Alterations and (h) Rooftop Equipment (defined in Section 28 below). To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment). If Tenant fails to commence to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day period, Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. “

Appears in 1 contract

Samples: Office Lease Agreement (Netsuite Inc)

Repairs and Alterations. 9.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shall, at its sole cost and expense, perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant; and (g) Alterations and (h) Rooftop Equipment (defined in Alterations, Subject to the terms of Section 28 15 below). To , to the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment)vendors. If Tenant fails to commence to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day period), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. “.

Appears in 1 contract

Samples: Office Lease Agreement (L-1 Identity Solutions, Inc.)

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Repairs and Alterations. 9.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shall, at its sole cost and expense, perform all janitorial services for the Premises, including, without limitation, the restrooms located within the Premises. Tenant shall also perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, (and the HVAC system serving the Premises) and keep the Premises (and the HVAC system serving the Premises) in good condition and repair, reasonable wear and tear and damage by casualty (subject to the terms of Article 16) excepted; provided, that, subject to the provisions of Article 15, Tenant shall not be responsible for repairs to the Premises to the extent that any damage is caused by the negligence of Landlord or Landlord’s employees, agents or contractors. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitionspartitions and interior windows; (c) interior doors; (d) the interior side of demising walls; (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (f) the HVAC system serving the Premises and any supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant; and (g) Alterations and (h) Rooftop Equipment (defined in Section 28 belowincluding, without limitation, the Tenant’s Work). To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the negligent or willful acts of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment)vendors. If Tenant fails to commence to make any repairs to the Premises (including the HVAC system serving the Premises) for more than 15 fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day period), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% five percent (5%) of the cost of the repairs. “.

Appears in 1 contract

Samples: Lease Agreement (Cogentix Medical Inc /De/)

Repairs and Alterations. 9.01 Tenant shall periodically inspect A. Except to the Premises extent such obligations are imposed upon Landlord hereunder and except as to identify any conditions that are dangerous damage caused by fire or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shallother casualty, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that as are not Landlord’s express responsibility under this Lease, and necessary to keep the Premises same in good condition and repairrepair throughout the entire Lease Term, reasonable wear and tear excepted. Tenant’s 's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (a1) any carpet or other floor covering; , (b2) any interior partitions; , (c3) any doors; , (d4) the interior side of any demising walls; , (e5) electronicany telephone and computer cabling that serves Tenant's equipment exclusively, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (f6) any supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbingany plumbing in connection therewith, and similar facilities exclusively serving Tenant; (g) Alterations Tenant exclusively, and (h7) Rooftop Equipment (defined in Section 28 below)any alterations, additions or improvements performed by contractors retained by Tenant. To Notwithstanding the extent Landlord is not reimbursed by insurance proceedsforegoing, Tenant shall reimburse Landlord not be responsible for the and Landlord, at its sole cost of repairing damage and expense (except to the extent properly included in Basic Costs) shall be responsible for promptly making any repairs to the Premises which may be required by reason of (1) the neglect or other fault of Landlord, its employees, agents or contractors, (2) defects in workmanship or materials with respect to the initial construction of the Building, (3) a default by Landlord in the performance of its maintenance and repair obligations hereunder (including any obligation to repair defects in the external windows and window seals) after notice and a reasonable opportunity to cure, (4) any latent or hidden defects in the Base Building caused construction; and (5) all structural repairs to the Premises, not necessitated by the acts of TenantTenant or any of its agents, Tenant Related Parties employees, contractors, transferees or invitees. All such work shall be performed in accordance with section X.B below and their respective contractors the rules, policies and vendors (including without limitation repairs necessitated procedures reasonably enacted by Landlord from time to time for the installation, use, maintenance, repair and removal performance of work in the Rooftop Equipment)Building. If Tenant fails to commence to make any necessary repairs to the Premises for more than 15 within thirty (30) days after written notice from Landlord (although notice shall not be required or such shorter period of time as is reasonable in the event of an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day period), Landlord may may, at its option, make the such repairs, and Tenant shall pay the reasonable cost of thereof to the repairsLandlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10% %) of the cost of the such repairs. 16

Appears in 1 contract

Samples: Office Lease Agreement (Trenwick Group Inc)

Repairs and Alterations. 9.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shall, at its sole cost and expense, perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant; and (g) Alterations Alterations. In addition and notwithstanding anything to the contrary contain in Section IX.B below, if Tenant is the Sole Tenant of the Building (h) Rooftop Equipment (as defined in Section 28 7.01(1)), Tenant’s repair obligations shall also include, without limitation, the following: (a) electrical and plumbing systems serving the Building in general (including any equipment related thereto and located upon the roof of the Building); (b) the interior Common Areas of the Building (Landlord shall maintain the exterior Common Areas of the Building in accordance with its obligations as provided in Section 9.02 below); and (c) exterior windows of the Building. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment)vendors. If Tenant fails to commence to make any repairs to the Premises for more than 15 30 days after notice from Landlord (although notice shall not be required in an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day period), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 103% of the cost of the repairs. If Tenant is the Sole Tenant of the Building (as defined in Section 7.01(1) above) Tenant, at Tenant’s own expense, shall procure and maintain in full force and effect, a maintenance/service contract(s) (the Service Contract”), in a form and with a maintenance contractor approved by Landlord, providing for the service, maintenance and repair of all plumbing and electrical systems and equipment serving the Building. The service contract(s) must include all services suggested by the equipment manufacturer within the operation/maintenance manual relating to such equipment and systems and must become effective and a copy thereof delivered to Landlord: (x) within thirty (30) days after the Commencement Date for the Initial Premises, and (y) within thirty (30) days after the Building 5 Commencement Date for Building 5, each with respect to items (i) and (ii) above, or within 30 days after requested by Landlord with respect to item (iii) above. Tenant shall follow all reasonable recommendations of said contractor for the maintenance and repair of the equipment and systems covered by the Service Contract. The Service Contract shall provide that the contractor shall perform regularly scheduled inspections, preventative maintenance and service on the covered equipment and systems, and that having made such inspections, said contractor shall furnish a complete report of any defective conditions found to be existing with respect to such equipment, together with any recommendations for maintenance, repair and/or replacement thereof. Said report shall be furnished to Tenant with a copy to Landlord. Landlord may, upon notice to Tenant, enter into such a 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.

Appears in 1 contract

Samples: Office Lease Agreement (Silicon Valley Bancshares)

Repairs and Alterations. 9.01 Tenant shall periodically inspect A. Except to the Premises to identify any conditions that extent such obligations are dangerous or in need of maintenance or repair. Tenant shall promptly provide imposed upon Landlord with notice of any such conditions. Tenant shallhereunder, Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that as are not Landlord’s express responsibility under this Lease, and necessary to keep the Premises same in good condition and repairrepair throughout the entire Lease Term, reasonable wear and tear excepted. Tenant’s 's repair and maintenance obligations with respect to the Premises shall include, without limitation, any necessary repairs with respect to: (a1) any carpet or other floor covering; , (b2) any interior partitions; , (c3) any doors; , (d4) the interior side of any demising walls; , (e5) electronicany telephone and computer cabling that serves Tenant's equipment exclusively, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (f6) any supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbingany plumbing in connection therewith, and similar facilities exclusively serving Tenant; (g) Alterations Tenant exclusively, and (h7) Rooftop Equipment (defined any alterations, additions or improvements performed by contractors retained by Tenant. All such work shall be performed in Section 28 below). To accordance with section X.B. below and the extent rules, policies and procedures reasonably enacted by Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord from time to time for the cost performance of repairing damage to work in the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment)Building. If Tenant fails to commence to make any necessary repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day periodPremises, Landlord may may, at its option, make the such repairs, and Tenant shall pay the reasonable cost of thereof to the repairsLandlord on demand as Additional Base Rental, together with an administrative charge in an amount equal to ten percent (10% %) of the cost of the such repairs. Landlord shall, at its expense (except as included in Basic Costs), keep and maintain in good repair and working order and make all repairs to and perform necessary maintenance upon: (a) all structural elements of the Building; and (b) all mechanical, electrical and plumbing systems that serve the Building in general; and (c) the Building facilities common to all tenants including, but not limited to, the ceilings, walls and floors in the Common Areas.

Appears in 1 contract

Samples: Office Lease Agreement (United States Exploration Inc)

Repairs and Alterations. 9.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shallTenant, at its sole cost and expensecost, shall promptly perform all maintenance maintenance, repairs, and repairs replacements to the Premises that are not Landlord’s 's express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s 's repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) partitions and interior partitionswalls; (c) doors; (d) the interior side of demising walls; (e) Alterations (defined in Section 9.03); (f) air conditioning units, restrooms, kitchens, including hot water heaters, plumbing, and similar facilities and other mechanical (including HVAC), electrical, plumbing and fire/life safety systems and equipment exclusively serving Tenant, whether such items are installed by Tenant, or by Landlord for the benefit of Tenant, or are currently existing in the Premises; (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, "Cable”); (f") supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant; (g) Alterations and (h) Rooftop Equipment (defined window blinds. All repairs and other work performed by Tenant or its contractors, including that involving Cable, shall be subject to the terms of Section 9.03 below. If any portion of the Premises or any system or equipment in Section 28 below). To the extent Landlord is Premises which Tenant shall be obligated to repair cannot reimbursed by insurance proceedsbe fully repaired or restored, Tenant shall reimburse Landlord promptly replace such portion of the Premises or system or equipment, regardless of whether the benefit of such replacement extends beyond the Term. Tenant shall maintain a preventive maintenance contract providing for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties quarterly inspections and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair as required by industry standards and removal good practice, of the Rooftop Equipment)heating and air conditioning system by a heating and air conditioning contractor, such contract and such contractor to be approved by Landlord. If Tenant fails to commence to make any repairs to the Premises for more than 15 days after written notice from Landlord (although notice shall not be required in an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day period), Landlord may make the repairs, and and, within 30 days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. “.

Appears in 1 contract

Samples: Industrial Real Estate Lease Agreement (Aqua Power Systems Inc.)

Repairs and Alterations. 9.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shallTenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear and damage by Casualty (subject to the terms of Section 16) and condemnation (subject to the terms of Section 17) excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) Alterations (described in Section 9.03); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant, whether such items are installed by Tenant or are currently existing in the Premises but not including any components that are Landlord’s express responsibility; and (g) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (f) supplemental air conditioning units, kitchens. All repairs and other work performed by Tenant or its contractors, including hot water heatersthat involving Cable, plumbing, and similar facilities exclusively serving Tenant; (g) Alterations and (h) Rooftop Equipment (defined in Section 28 below). To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage be subject to the Building caused by the acts terms of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment)Section 9.03 below. If Tenant fails to commence to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day period), Landlord may make the repairs, and and, within 30 days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. “.

Appears in 1 contract

Samples: Office Lease Agreement (Clearside Biomedical, Inc.)

Repairs and Alterations. 9.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant shall promptly provide Landlord with notice of any such conditions. Tenant shall, at its sole cost and expense, perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) electronic, fiber, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant; and (g) Alterations and (h) Rooftop Equipment (defined in Alterations. Subject to the terms of Section 28 15 below). To , to the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment)vendors. If Tenant fails to commence to make any repairs to the Premises for more than 15 days after notice from Landlord (although notice shall not be required in an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day period), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. “.

Appears in 1 contract

Samples: Office Lease Agreement (Upek Inc)

Repairs and Alterations. 9.01 (a) Tenant shall periodically inspect keep and maintain the Premises to identify any conditions that are dangerous or in need a good, clean condition of maintenance or repairrepair and maintenance. Tenant shall promptly provide Landlord with notice of not damage or injure the Premises. If any such conditions. repairs or maintenance required to be performed by Tenant shall, at its sole cost and expense, perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, commenced within fifteen (15) days and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: completed within thirty (a30) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of days after Landlord notifies Tenant (collectively, “Cable”); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant; (g) Alterations and (h) Rooftop Equipment (defined in Section 28 below). To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment). If Tenant fails to commence to make any repairs to the Premises need for more than 15 days after notice from Landlord (although notice shall not be required in an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day periodsame, Landlord may make the repairssuch repairs or replacement, and Tenant shall pay the reasonable cost thereof (plus an additional charge of fifteen percent (15%) of such cost to cover overhead) to Landlord within fifteen (15) days after Tenant’s receipt of a statement from Landlord. Tenant further agrees not to commit or allow any waste or damage to be committed on any portion of the repairsProperty, together with an administrative charge and at the termination of this Lease, by lapse of time or otherwise, Tenant shall deliver up the Premises to Landlord in an amount equal as good condition as at the Commencement Date, ordinary wear and tear excepted. Except as may be set forth in Exhibit D, Landlord shall not be required to 10% make any improvements or repairs of any kind or character on or to the Property, or any portion thereof, during the Lease Term. Notwithstanding the foregoing, Landlord shall make all necessary repairs to the Building components servicing or supporting, but located outside, the Premises, including without limitation the foundation, outside walls, interior load-bearing walls, roof, load-bearing beams, and other major structural components of the cost Building and treat such repairs as Operating Expenses (as defined in Exhibit E), unless the need for such repair arises out of (1) the performance by Tenant of any alterations or other work, (2) any act or omission of Tenant or its employees, invitees or contractors or (3) the installation of any equipment, fixtures or property by Tenant in the Premises or the moving of the foregoing in or out of the Premises, in which event Tenant shall be responsible to make the repairs. “.

Appears in 1 contract

Samples: Office Building Lease Agreement (Omniture, Inc.)

Repairs and Alterations. 9.01 8.01 Tenant shall periodically inspect the Premises to identify any conditions that are dangerous or in need of maintenance or repair. Tenant repair and shall promptly provide Landlord with notice of any such conditions. Tenant agrees to promptly report to Landlord in writing any maintenance problems involving water, moist conditions, or mold and agrees to not block or inhibit the flow of return or make-up air into the HVAC system serving the Premises and to otherwise conduct all activities in the Premises in a manner that prevents unusual moist conditions or mold growth. Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, and shall keep the Premises in reasonably good condition and repair, reasonable wear and tear and damage by casualty or condemnation excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor covering; (b) interior partitions; (c) doors; (d) the interior side of demising walls; (e) electronic, phone and data cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (f) supplemental air conditioning units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving Tenant; (g) Alterations and (h) Rooftop Equipment (defined in Section 28 below). To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors (including without limitation repairs necessitated by the installation, use, maintenance, repair and removal of the Rooftop Equipment). If Tenant fails to commence to make any repairs to the Premises for more than 15 fifteen (15) days after written notice from Landlord (although written notice shall not be required in an emergency) and to continuously and diligently proceed to complete the repair if same cannot be completed within said 15 day period), Landlord may make the repairs, and Tenant shall pay the actual and reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. At its sole cost, expense and liability, Landlord shall perform all maintenance and repairs upon the: (a) structural elements of the Building; (b) mechanical, electrical, plumbing and fire/life safety systems serving the Building in general; (c) Common Areas; (d) roof of the Building; (e) exterior windows of the Building; and (f) elevators serving the Building.

Appears in 1 contract

Samples: Office Lease Agreement (ForgeHouse, Inc.)

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