Common use of REPAIRS AND IMPROVEMENTS Clause in Contracts

REPAIRS AND IMPROVEMENTS. The Landlord shall be obligated to maintain, at its own expense, the Premises in general, including but not limited to, the exterior structural elements, exterior pluvial, and sewage water systems, as well as pay for all other maintenance fees or repairs derived from the normal wear and tear of the exterior of the Premises, including roof and parking spaces, or any other repair or maintenance of the Premises not caused directly or indirectly by the actions of Tenant or Tenant's subcontractors. Maintenance of existing equipment, as well as procurement of spare parts and replacements within the Premises shall be Tenant's sole responsibility, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a biannual report must be presented by Tenant to Landlord on all maintenance activities performed on existing equipment within the premises. The Landlord shall cooperate with Tenant to enforce all such guarantees with respect to the Premises which will reduce Tenant's maintenance obligations, and shall not be obligated to maintain at its expense the interior and improvements of the Premises in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, unless otherwise stated in the Lease. The Tenant shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Premises. Any damages or repairs caused or generated by the Tenant's negligence or willful misconduct shall run at the Tenant's expense, as well as all of the secondary elements added to the Premises by the Tenant. Notwithstanding the foregoing, the Tenant shall not, without the prior written consent of the Landlord which shall not be unreasonably withheld or delayed, make changes or adjustments to the Premises, even if related to indoor or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Premises' structure or are not permanently affixed to the same. The Landlord shall respond to any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, all improvements made by Tenant, shall be for the benefit of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's term. Except that Tenant shall have the right to remove: (i) its trade fixtures and business equipment, and (ii) any other equipment installed by Tenant in or about the Premises, whether or not affixed to the building. If such changes, adjustments or improvements may cause the Premises to suffer any damage Tenant has two options: (i) leave the improvements to the benefit of Landlord or (ii) repair Premises of any such damages immediately, at its sole cost and expense. In case Landlord has consent to an improvement of the Premises and provided such improvements increase the market value of the Premises, increase in payment of land tax, due to such increase in market value, shall be compensated by Tenant to Landlord through an increase in the monthly rate payment.

Appears in 3 contracts

Samples: Lease Agreement (Establishment Labs Holdings Inc.), Lease Agreement (Establishment Labs Holdings Inc.), Lease Agreement (Establishment Labs Holdings Inc.)

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REPAIRS AND IMPROVEMENTS. The Landlord shall be obligated to maintain, at its own expense, the Premises Leased Real Estate in general, including but not limited to, the exterior structural elements, exterior pluvial, and sewage water systems, as well as pay for all other maintenance fees or repairs derived from the normal wear and tear of the exterior of the Premises, including roof and parking spaces, or any other repair or maintenance of the Premises not caused directly or indirectly by the actions of Tenant or Tenant's subcontractors. Maintenance of existing equipment, as well as procurement of spare parts and replacements within the Premises shall be Tenant's sole responsibility, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a biannual report must be presented by Tenant to Landlord on all maintenance activities performed on existing equipment within the premisesLeased Real Estate. The Landlord shall cooperate with Tenant to enforce all such guarantees with respect to the Premises Leased Real Estate which will reduce Tenant's maintenance obligations, and but shall not be obligated to maintain at its is expense the interior and improvements of the Premises Leased Real Estate in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, unless otherwise stated in the Lease. The Tenant shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the PremisesLeased Real Estate. Any damages or repairs caused caused, or generated by the Tenant's negligence or willful misconduct shall run at the Tenant's expense, as well as all of the secondary elements added to the Premises Leased Real Estate by the Tenant. Notwithstanding the foregoing, the Tenant shall not, without the prior written consent of the Landlord which shall not be unreasonably withheld or delayed, make changes or adjustments to the PremisesLeased Real Estate, even if related to indoor or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Premises' Leased Real Estate's structure or are not permanently affixed to the same. The Landlord shall respond to any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, all investments, non-removable improvements made by Tenantor the removals that once removed may cause damage to the Leased Real Estate, shall be for the benefit of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's term. Except that Tenant shall have the right to remove: (i) its trade fixtures and business equipment, and (ii) any other equipment installed by Tenant in or about the Premises, whether or not affixed to the building. If such changes, adjustments or improvements may cause the Premises to suffer any damage Tenant has two options: (i) leave the improvements to the benefit of Landlord or (ii) repair Premises of any such damages immediately, at its sole cost and expense. In case Landlord has consent to an improvement of the Premises and provided such improvements increase the market value of the Premises, increase in payment of land tax, due to such increase in market value, shall be compensated by Tenant to Landlord through an increase in the monthly rate payment.

Appears in 3 contracts

Samples: Lease Agreement (Establishment Labs Holdings Inc.), Lease Agreement (Establishment Labs Holdings Inc.), Lease Agreement (Establishment Labs Holdings Inc.)

REPAIRS AND IMPROVEMENTS. The Landlord Lessor shall be obligated to maintain, at its own sole expense, the Premises in generalPremises, including but not limited to, the exterior structural elements, exterior pluvial, and sewage water systems, as well as pay for all other maintenance fees or repairs derived from the normal wear and tear of the exterior of the Premises, including roof and parking spaces, or any other repair or maintenance of the Premises not caused directly or indirectly by the actions of Tenant or Tenant's subcontractors. Maintenance of existing equipment, as well as procurement of spare parts and replacements within the Premises shall be Tenant's sole responsibility, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a biannual report must be presented by Tenant to Landlord on all maintenance activities performed on existing equipment within the premises. The Landlord Lessor shall cooperate with Tenant Lessee to enforce all such guarantees with respect to the Premises which will reduce Tenant's the Lessee’s maintenance obligations, and but shall not be obligated to maintain at its expense expense-the interior and improvements of the Premises in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, unless otherwise stated in the LeaseBuilding. The Tenant Lessee shall bear the cost of any other repair such as broken glassesglass, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Premises. Any Subject to Section 5.11, any damages or repairs caused or generated by the Tenant's negligence or willful misconduct of Lessee or Lessee’s employees, officers and/or agents, visitors, or contractors, shall run at the Tenant's Lessee’s expense, as well as all of the secondary elements added to the Premises by the TenantLessee. Notwithstanding the foregoing, the Tenant Lessee shall not, without the prior written consent of the Landlord Lessor, which shall not be unreasonably withheld or delayed, make changes or adjustments to the Premises, even if related to indoor or outdoor maintenance works. It shall work, however it is not be necessary to obtain prior consent from the Landlord Lessor to make indoor changes, adjustments or maintenance works work whenever these do not affect the Premises' structure or are not permanently affixed to the same’ structure. The Landlord Lessor shall respond to any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, all improvements made by Tenant, the Lessee to the Premises shall be for the benefit of the LandlordLessor and shall remain as part of the Premises, without giving rise to the Tenant Lessee to request a deduction in the rent or an economic compensation for these upon termination of the lease's term. Except term of the Lease, except that Tenant Lessee shall have the right to remove: (i) its trade fixtures and business equipment, and (ii) any other equipment installed by Tenant the Lessee in or about the Premises, whether or not affixed to the buildingBuilding. If the Premises where to suffer, any damages from changes, adjustments or improvements done by the Lessee, or from the removal by Lessee of any such changes, adjustments or improvements may cause improvements, then the Premises Lessee will have to suffer any damage Tenant has two options: (i) leave the improvements to the benefit of Landlord or (ii) repair Premises of any such damages immediately, at its sole cost and expense. In case Landlord has consent to an improvement of the Premises and provided such improvements increase the market value of the Premises, increase in payment of land tax, due to such increase in market value, shall be compensated by Tenant to Landlord through an increase in the monthly rate payment.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement (Hologic Inc)

REPAIRS AND IMPROVEMENTS. The Landlord shall be obligated to maintainLESSEE shall, during the term and all continuations thereof, keep and at its own expensethe expiration thereof, peaceably surrender possession of said premises in as good order and condition as the Premises in general, including but not limited to, the exterior structural elements, exterior pluvial, and sewage water systems, as well as pay for all other maintenance fees or repairs derived from the normal same now are. Reasonable wear and tear and damage by fire or other casualty not occurring through LESSEE’S negligence is expected. At the expiration of the exterior Term of this lease LESSEE will deliver the keys to the office of the PremisesLESSOR. LESSEE shall not make any alterations, including roof and parking spacesadditions, or any other repair or maintenance of improvements, except those necessary for the Premises not caused directly or indirectly by the actions of Tenant or Tenant's subcontractors. Maintenance of existing equipment, as well as procurement of spare parts and replacements within the Premises shall be Tenant's sole responsibility, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a biannual report must be presented by Tenant to Landlord on all maintenance activities performed on existing equipment within the premises. The Landlord shall cooperate with Tenant to enforce all such guarantees with respect to the Premises which will reduce Tenant's maintenance obligations, and shall not be obligated to maintain at its expense the interior and improvements of the Premises in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, unless otherwise business purposes stated in the Lease. The Tenant shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Premises. Any damages or repairs caused or generated by the Tenant's negligence or willful misconduct shall run at the Tenant's expense, as well as all of the secondary elements added to the Premises by the Tenant. Notwithstanding the foregoing, the Tenant shall notparagraph 2 above, without the prior LESSOR’S written consent of the Landlord which shall not be unreasonably withheld withheld. All alterations, additions, or delayedimprovements that will alter the physical make up of the building itself in any way, make changes in addition to LESSOR’S approval, shall be made by a reputable contractor approved by the BRAA. All alterations, additions or adjustments to the Premises, even if related to indoor or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Premises' structure or are not permanently affixed to the same. The Landlord shall respond to any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, all improvements made by Tenanteither party hereto upon the premises, shall be for the benefit of the Landlord, without giving rise that become permanent attachments to the Tenant to request a deduction in building must remain with the rent building of this LEASE without molestation or an economic compensation for these injury upon termination of this LEASE, whether the lease's termbuildings and/or grounds be returned to the LESSOR or purchased by another party. Except that Tenant Any electrical, mechanical, and/or plumbing modifications/additions/revisions made by the LESSEE are not considered permanent if they can be removed without any damage to the building (such as new piping, transformer additions, air pipes). When any such electrical, mechanical, and/or plumbing modifications/additions/revisions are removed, the LESSEE shall have make every reasonable effort to restore the right building to remove: (i) its trade fixtures and business equipmentoriginal condition. LESSOR shall be responsible for maintaining, repairing, and (ii) any other equipment installed by Tenant in or about the Premises, whether or not affixed to replacing all major elements of the building, such as walls, floor, foundation, roof, windows, plumbing, electric, water, and sewage and existing HVAC systems as necessary for Lessee’s business purposes. If such changesLESSEE will be responsible for all snow removal unless a separate agreement arranging for snow removal is entered into with the Bradford Regional Airport Authority. LESSEE, adjustments or improvements will be responsible for replacement interior light bulbs, repair/replacement of all glass to include interior office and exterior windows, minor plumbing repairs and maintenance. In the event LESSEE does not promptly repair an item for which it is responsible, LESSOR may cause the Premises repair to suffer any damage Tenant has two options: (i) leave be made and LESSEE shall reimburse LESSOR for the improvements to the benefit of Landlord or (ii) repair Premises of any such damages immediately, at its sole cost and expensethereof. In case Landlord has consent to an improvement of the Premises and provided such improvements increase the market value of the Premises, increase in payment of land tax, due to such increase in market value, LESSOR shall be compensated by Tenant to Landlord through an increase in the monthly rate paymentresponsible for exterior lighting.

Appears in 2 contracts

Samples: Wilds Industrial Center (Olb Group, Inc.), Wilds Industrial Center (Olb Group, Inc.)

REPAIRS AND IMPROVEMENTS. The Landlord shall be obligated to maintain, at its own expense, the Premises in general, including but not limited to, the exterior structural elements, exterior pluvial, and sewage water systems, as well as pay for all other maintenance fees or repairs derived from the normal wear and tear of the exterior of the Premises, including roof and parking spaces, or any other repair or maintenance of the Premises not caused directly or indirectly by the actions of Tenant or Tenant's subcontractors. Maintenance of existing equipment, as well as procurement of spare parts and replacements within the Premises shall be Tenant's sole responsibility, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a biannual report must be presented by Tenant to Landlord on all maintenance activities performed on existing equipment within the premises. The Landlord shall cooperate with Tenant to enforce all such guarantees with respect to the Premises which will reduce Tenant's maintenance obligations, and shall not be obligated to maintain at its expense the interior and improvements of the Premises in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, unless otherwise stated in the Lease. The Tenant shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Premises. Any damages or repairs caused or generated by the Tenant's negligence or willful misconduct shall -12- run at the Tenant's expense, as well as all of the secondary elements added to the Premises by the Tenant. Notwithstanding the foregoing, the Tenant shall not, without the prior written consent of the Landlord which shall not be unreasonably withheld or delayed, make changes or adjustments to the Premises, even if related to indoor or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Premises' structure or are not permanently affixed to the same. The Landlord shall respond to any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, all improvements made by Tenant, shall be for the benefit of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's term. Except that Tenant shall have the right to remove: (i) its trade fixtures and business equipment, and (ii) any other equipment installed by Tenant in or about the Premises, whether or not affixed to the building. If such changes, adjustments or improvements may cause the Premises to suffer any damage Tenant has two options: (i) leave the improvements to the benefit of Landlord or (ii) repair Premises of any such damages immediately, at its sole cost and expense. In case Landlord has consent to an improvement of the Premises and provided such improvements increase the market value of the Premises, increase in payment of land tax, due to such increase in market value, shall be compensated by Tenant to Landlord through an increase in the monthly rate payment.

Appears in 1 contract

Samples: www.sec.gov

REPAIRS AND IMPROVEMENTS. The Landlord shall be obligated to maintain, at its own expense, the Premises in general, including but not limited to, the exterior structural elements, exterior pluvial, and sewage water systems, as well as pay for all other maintenance fees or repairs derived from the normal wear and tear of the exterior of the Premises, including roof and parking spaces, or any other repair or maintenance of the Premises not caused directly or indirectly by the actions of Tenant or Tenant's subcontractors. Maintenance of existing equipment, as well as procurement of spare parts and replacements within the Premises shall be Tenant's sole responsibility, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a biannual report must be presented by Tenant to Landlord on all maintenance activities performed on existing equipment within the premises. The Landlord shall cooperate with Tenant to enforce all such guarantees with respect may make improvements to the Premises which will reduce Tenant's maintenance obligations, and shall not be obligated to maintain at its expense the interior and improvements of the Premises in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, unless otherwise stated in the Lease. The Tenant shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Premises. Any damages or repairs caused or generated by the Tenant's negligence or willful misconduct shall run at the Tenant's expense, as well as all of the secondary elements added to the Premises by the Tenant. Notwithstanding the foregoing, the Tenant shall not, without with the prior written consent of the Landlord which shall not be unreasonably withheld or delayed, make changes or adjustments Landlord. All improvements made to the PremisesPremises by Tenant shall remain the property of Tenant, even if related provided, however, that upon termination or expiration of this Lease any such improvements not removed by Tenant shall become property of Landlord. Tenant will restore the Premises to indoor its original condition, with the exception of reasonable wear and tear. During the initial Term of this Lease or outdoor maintenance works. It any renewals thereof, any improvements required by any federal, state or local statutes or regulations of any kind and not necessitated by Tenant's business shall not be necessary to obtain prior consent from made solely by Landlord for the account of Landlord to make indoor changesand at Landlord's sole cost and expense and tenant shall likewise with its leases area, adjustments or maintenance works whenever these do not affect the Premises' structure or are not permanently affixed to the sameequipment and business. The Landlord shall respond to will be responsible for repair, maintenance or the replacement of any request for approval of changes or adjustments to item comprising the Premises within ten Gas Station and convenience store (10) calendar days of its receipt of such request. If authorization is receivedoperated by the Landlord's co-tenant), the exterior premises (including all improvements made lighting, parking and access), the "under roof" premises not leased by Tenant, and the electrical and HVAC systems servicing Tenant's premises. The Tenant shall be responsible for the benefit repair and maintenance of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's term. Except that Tenant shall have the right to remove: (i) its trade any all fixtures and business equipment, and (ii) any other equipment installed by the Tenant. Tenant in or about will be responsible for the Premises, whether or not affixed to the building. If such changes, adjustments or improvements may cause the Premises to suffer any damage Tenant has two options: (i) leave the improvements to the benefit of Landlord or (ii) repair Premises and maintenance of any signage, but not the fixture to which the sign is affixed unless such damages immediately, at its sole cost fixture was installed and expense. In case Landlord has consent to remains an improvement asset of the Premises Tenant. Additionally, the Tenant will be responsible for the repair and provided such improvements increase the market value maintenance of the Premises, increase in payment of land tax, due to such increase in market value, shall be compensated by Tenant to Landlord through an increase in the monthly rate paymentgrease trap.

Appears in 1 contract

Samples: Assignment of Lease and Security Deposits (NAS Acquisition Inc)

REPAIRS AND IMPROVEMENTS. The Landlord Developer shall be obligated to maintain, at its own expense, of the Premises Leased Real Estate in general, including but not limited to, the exterior structural elements, exterior pluvial, and sewage water systems, and interior building systems as define at Exhibit One as well as pay for all other maintenance fees or repairs derived from the normal wear and tear of the exterior of the Premises, including roof and parking spaces, or any other repair or maintenance of the Premises not caused directly or indirectly by the actions of Tenant or Tenant's subcontractors. Maintenance of existing equipment, as well as procurement of spare parts and replacements within the Premises shall be Tenant's sole responsibility, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a biannual report must be presented by Tenant to Landlord on all maintenance activities performed on existing equipment within the premisesLeased Real Estate. The Landlord Developer shall cooperate with Tenant Lessee to enforce all ail such guarantees warrantees with respect to the Premises Leased Real Estate which will reduce TenantLessee's maintenance obligations, and but shall not be obligated to maintain at its is expense the interior and improvements of the Premises Real Estate in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, unless otherwise stated in the Lease. The Tenant Lessee shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the PremisesReal Estate, except for those generated by the normal wear and tear of the Real Estate. Any damages or repairs caused or generated by the TenantLessee's negligence or willful misconduct shall run at the TenantLessee's expense, as well as all of the secondary elements added to the Premises by Leased Real Estate on behalf of the TenantLessee, except as set forth in section 5.11 below. Notwithstanding Without affecting the foregoingabove, the Tenant Lessee shall not, without the prior written consent of the Landlord Developer which shall not be unreasonably withheld or delayed, make changes or adjustments to the PremisesLeased Real Estate, even if related to indoor or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord Developer to make indoor changes, adjustments or maintenance works whenever these do not affect the Premises' Leased Real Estate's structure or are not permanently affixed to the same. The Landlord shall respond to any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, all investments, non-removable improvements made by Tenantor the removals that once removed may cause damage to the Real Estate, shall be for the benefit of the LandlordDeveloper, without giving rise to the Tenant Lessee to request a deduction in the rent or an economic compensation for these upon termination of the lease's term. Except that Tenant shall have the right to remove: (i) its trade fixtures and business equipment, and (ii) any other equipment installed by Tenant in or about the Premises, whether or not affixed to the building. If such changes, adjustments or improvements may cause the Premises to suffer any damage Tenant has two options: (i) leave the improvements to the benefit of Landlord or (ii) repair Premises of any such damages immediately, at its sole cost and expense. In case Landlord has consent to an improvement of the Premises and provided such improvements increase the market value of the Premises, increase in payment of land tax, due to such increase in market value, shall be compensated by Tenant to Landlord through an increase in the monthly rate payment.

Appears in 1 contract

Samples: Lease Agreement (Novacept Inc)

REPAIRS AND IMPROVEMENTS. The Landlord shall be obligated to maintain, at its own expense, the Premises in general, including but not limited to, internal infrastructure (unless the repairs become necessary as a result of Tenant’s abnormal use of the premises) the exterior structural elementselements and infrastructure, exterior pluvial, and sewage water systems, as well as pay for all other maintenance fees or repairs derived from the normal wear and tear of the exterior of the Premises, including roof and parking spaces, or any other repair or maintenance of the Premises not caused directly or indirectly by the actions of Tenant or Tenant's ’s subcontractors. Maintenance of existing equipment, as well as procurement of spare parts and replacements within the Premises shall be Tenant's ’s sole responsibilityresponsibility unless those are necessary initial repairs of the equipment and/or are covered by the guarantees, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a and such approval. A. cannot be unreasonably withheld by Landlord. A biannual report must be presented by Tenant to Landlord on all maintenance activities performed on existing equipment within the premisesPremises. The Landlord shall cooperate with Tenant to enforce all such guarantees with respect to the Premises which will reduce Tenant's ’s maintenance obligations, and shall not be obligated to maintain at its expense the interior (with the exception of the infrastructure) and improvements of the Premises in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, unless otherwise stated in the LeaseLease Agreement or due to damages to the infrastructure of the Building not caused by Tenant. The Tenant shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Premises. Any damages or repairs caused or generated by the Tenant's ’s negligence or willful misconduct shall run at the Tenant's ’s expense, as well as all of the secondary elements added to the Premises by the Tenant. Notwithstanding the foregoing, the Tenant shall not, without the prior written consent of the Landlord which shall not be unreasonably withheld or delayed, make changes or adjustments to the Premises, even if related to indoor or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Premises' structure or are not permanently affixed to the same. The Landlord shall respond to any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, all improvements made by Tenant, shall be for the benefit of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's Lease Agreement’s term. Except that Tenant shall have the right to remove: (i) its trade fixtures and business equipment, and (ii) any other equipment installed by Tenant in or about the Premises, whether or not affixed to the building. If such changes, adjustments or improvements may cause the Premises to suffer any damage Tenant has two options: (i) leave the improvements to the benefit of Landlord or (ii) repair Premises of Landlord any such damages immediately, at its sole cost and expense. In case Landlord has consent to an improvement of the Premises and provided such improvements increase the market value of the Premises, which results in an increase in payment of the land tax, due to Tenant shall compensate such increase in market value, shall be compensated by Tenant to Landlord through an increase in the monthly rate payment. For this purpose, Landlord shall demonstrate with documentation issued by the local government that such increase in the land tax is caused by the improvements made by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Lpath, Inc)

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REPAIRS AND IMPROVEMENTS. The Landlord shall be obligated to maintain, at its own expense, keep the Premises in general, including but not limited to, the exterior structural elementsfoundation, exterior pluvialwalls, roof and sewage water systems, as well as pay for all other maintenance fees or repairs derived from the normal wear and tear structural parts of the exterior premises in good repair. Landlord also agrees as part of this lease to have all functional defects remedied to the best of Landlord’s ability at no cost to the Master Tenant. Master Tenant has the right to fix any items and to charge expenditures to Landlord up to __________ for any one item, without obtaining prior approval. Amounts in excess of this amount may only be charged for monthly or recurring operating charges and/or emergency repairs. Emergency repairs are those repairs that in the opinion of the Premises, including roof and parking spaces, Master Tenant are necessary to protect the property from damage or any other repair or maintenance of to maintain services to the Premises not caused directly or indirectly by the actions of Occupant Tenant or Tenant's subcontractorsto remedy a potentially hazardous condition. Maintenance of existing equipment, as well as procurement of spare parts and replacements within the Premises Repairs shall be charged to Landlord at Master Tenant's sole responsibility’s cost. Landlord agrees that Master Tenant shall hold back an amount equal to the most recent Occupant Tenant’s monthly rent as a reserve from which any unexpected property expenses of Landlord may be paid. This amount may be adjusted upward to cover any anticipated future expenses, such maintenance improvements and/or Occupant Tenant move-out costs when approved in advance by Landlord. Landlord further agrees that Master Tenant may transfer this reserve to a Sub-Tenant (other than Occupant Tenant) in order that Sub-Tenant may pay any bills for the subject property which are the responsibility of Landlord. Master Tenant promises that anyone allowed to hold this reserve shall agree to account for it at all times and shall be performed in an optimal way required to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a biannual report must be presented by Tenant return any remaining balance to Landlord on all maintenance activities performed on existing equipment within the premisesupon termination of this lease. The Landlord shall cooperate with Tenant to enforce all such guarantees with respect to the Premises which will reduce Tenant's maintenance obligations, and shall not be obligated to maintain at its expense the interior and improvements of the Premises in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, responsible for any cosmetic repairs unless otherwise stated agreed to in the Lease. The Tenant shall bear advance, other than the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Premises. Any damages or repairs caused or generated by the Tenant's negligence or willful misconduct shall run at the Tenant's expense, as well as all of the secondary elements added to the Premises by the Tenant. Notwithstanding the foregoing, the Tenant shall not, without the prior written consent of the Landlord paint which shall not always be unreasonably withheld or delayed, make changes or adjustments to the Premises, even if related to indoor or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Premises' structure or are not permanently affixed to the same. The Landlord shall respond to any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, all improvements made paid by Tenant, shall be for the benefit of the Landlord, without giving rise Master Tenant is under no obligation to the supervise property improvements or administer and oversee insurance claims on behalf of Landlord; however, Master Tenant to request can offer these business services for a deduction in the rent or an economic compensation for these upon termination of the lease's term. Except that Tenant shall have the right to remove: (i) its trade fixtures negotiated amount and business equipment, and (ii) any other equipment installed will consider taking on this responsibility on a case by Tenant in or about the Premises, whether or not affixed to the building. If such changes, adjustments or improvements may cause the Premises to suffer any damage Tenant has two options: (i) leave the improvements to the benefit of Landlord or (ii) repair Premises of any such damages immediately, at its sole cost and expense. In case Landlord has consent to an improvement of the Premises and provided such improvements increase the market value of the Premises, increase in payment of land tax, due to such increase in market value, shall be compensated by Tenant to Landlord through an increase in the monthly rate paymentbasis.

Appears in 1 contract

Samples: Residential Master Lease

REPAIRS AND IMPROVEMENTS. The Landlord Except as defined in section 10.2 below, Sublessor shall not be required to make any repairs or improvements to the Premises. Sublessee shall make no alterations in, or additions to, any Facility in excess of twenty-five thousand dollars ($25,000) without first obtaining, in writing, Sublessor's consent for such alterations or additions. All such alterations or additions shall be obligated to maintain, at its own expense, the Premises in general, including but not limited to, the exterior structural elements, exterior pluvial, sole cost and sewage water systems, as well as pay for all other maintenance fees or repairs derived from the normal wear expense of Sublessee and tear shall become a part of the exterior Premises. Sublessee covenants and agrees that it will take good care of the Premises, including roof its fixtures and parking spacesappurtenances, and suffer no waste or injury thereto and keep and maintain same in good and clean condition, reasonable wear and tear excepted. Sublessee shall be liable for and Exhibit 10.4 shall indemnify and hold Sublessor harmless in respect of any claims, liabilities, actions, damage, or any injury to Sublessor, the Premises, and property or persons of anyone else, if due to wrongful act or negligence of Sublessee, or Sublessee's agents, employees, licensees or invitees. With respect to work, services, repairs, repainting, restoration, the provision of utilities or HVAC services, or the performance of other repair or maintenance obligations required of Landlord under the Premises not caused directly or indirectly by Master Lease, Sublessor shall, at the actions written request of Tenant or Tenant's subcontractorsSublessee, request the same from Landlord and use reasonable efforts to obtain the same from Landlord at Sublessee’s expense. Maintenance of existing equipment, as well as procurement of spare parts and replacements within the Premises Sublessee shall be Tenant's sole responsibility, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a biannual report must be presented by Tenant to Landlord on all maintenance activities performed on existing equipment within the premises. The Landlord shall reasonably cooperate with Tenant Sublessor as may be required to enforce all obtain from Landlord any such guarantees work, services, repairs, repainting restoration, the provision of utilities or HVAC services, or the performance of any of Landlord’s other obligations under the Master Lease with respect to the Premises which will reduce Tenant's maintenance obligations, and shall not be obligated to maintain at its expense the interior and improvements of the Premises in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, unless otherwise stated in the Lease. The Tenant shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Premises. Any damages or repairs caused or generated by the Tenant's negligence or willful misconduct shall run at the Tenant's expense, as well as all of the secondary elements added to the Premises by the Tenant. Notwithstanding the foregoing, the Tenant shall not, without the prior written consent of the Landlord which shall not be unreasonably withheld or delayed, make changes or adjustments to the Premises, even if related to indoor or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Premises' structure or are not permanently affixed to the same. The Landlord shall respond to any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, all improvements made by Tenant, shall be for the benefit of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's term. Except that Tenant shall have the right to remove: (i) its trade fixtures and business equipment, and (ii) any other equipment installed by Tenant in or about the Premises, whether or not affixed to the building. If such changes, adjustments or improvements may cause the Premises to suffer any damage Tenant has two options: (i) leave the improvements to the benefit of Landlord or (ii) repair Premises of any such damages immediately, at its sole cost and expense. In case Landlord has consent to an improvement of the Premises and provided such improvements increase the market value of the Premises, increase in payment of land tax, due to such increase in market value, shall be compensated by Tenant to Landlord through an increase in the monthly rate payment.

Appears in 1 contract

Samples: Master Sublease Agreement (Adcare Health Systems, Inc)

REPAIRS AND IMPROVEMENTS. The Landlord shall be obligated to maintain, at its own expense, the Premises in general, including but not limited to, the exterior structural elements, exterior pluvial, and sewage water systems, as well as pay for all other maintenance fees or repairs derived from the normal wear and tear of the exterior of the Premises, including roof and parking spaces, or any other repair or maintenance of the Premises not caused directly or indirectly by the actions of Tenant or Tenant's subcontractors. Maintenance of existing equipment, as well as procurement of spare parts and replacements within the Premises shall be Tenant's sole responsibility, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a biannual report must be presented by Tenant to Landlord on all maintenance activities performed on existing equipment within the premises. The Landlord shall cooperate with Tenant to enforce all such guarantees with respect to the Premises which will reduce Tenant's maintenance obligations, and LESSOR shall not be obligated required to make any repairs, alterations, additions, or improvements to or upon said Premises during the term of the LEASE, except only those hereinafter specifically provided for; the LESSEE hereby agrees to maintain at its expense the and keep said LEASED Premises including all interior and improvements exterior doors, interior wiring, plumbing and drain pipes to sewers or septic tank, in good order and repair during the entire term of this LEASE at LESSEE'S own cost and expense, and to replace all glass which may be broken or damaged during the Premises in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, unless otherwise stated term hereof in the Leasewindows and doors of said Premises with glass of as good or better quality as that now in use. The Tenant shall bear the cost of LESSEE further agrees not to make any other repair such as broken glassesalterations, burnt light bulbs, gaskets and, generally, any service accessory additions or accessories incorporated improvements to the Premises. Any damages or repairs caused or generated by the Tenant's negligence or willful misconduct shall run at the Tenant's expense, as well as all of the secondary elements added to the upon said Premises by the Tenant. Notwithstanding the foregoing, the Tenant shall not, without the prior written consent of the Landlord LESSOR first being obtained. The LESSOR agrees to maintain in good order and repair during the term of this LEASE the exterior walls, roof, gutters, downspouts and foundations of the Building in which shall not be unreasonably withheld or delayed, make changes or adjustments to the Premises, even if related to indoor or outdoor maintenance worksdemised Premises are situated and the sidewalks thereabouts. It shall not be necessary to obtain prior consent from is understood and agreed that the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Premises' structure or are not permanently affixed to the same. The Landlord shall respond to LESSOR reserves and at any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, and all improvements made by Tenant, shall be for the benefit of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's term. Except that Tenant times shall have the right to remove: (i) its trade fixtures alter, repair, or improve the Building of which said demised Premises are a part, or to add thereto and business equipmentfor that purpose at any time may erect scaffolding and all other necessary structures about and upon the demised Premises with such materials as LESSOR may deem necessary therefore, and (ii) LESSEE waives any other equipment installed by Tenant in claim to damages, including loss of business resulting therefrom. All partitions, plumbing, electrical wiring, additions to or about the improvements upon said leased Premises, whether installed by the LESSOR or not affixed to the building. If such changes, adjustments or improvements may cause the Premises to suffer any damage Tenant has two options: (i) leave the improvements to the benefit of Landlord or (ii) repair Premises of any such damages immediately, at its sole cost and expense. In case Landlord has consent to an improvement of the Premises and provided such improvements increase the market value of the Premises, increase in payment of land tax, due to such increase in market valueLESSEE, shall be compensated by Tenant to Landlord through an increase in and become a part of the monthly rate paymentBuilding as soon as installed and the property of the LESSOR unless otherwise herein provided.

Appears in 1 contract

Samples: Cypost Corp

REPAIRS AND IMPROVEMENTS. The On or before November 1, 1992, Landlord shall, at Landlord's expense, make improvements to the Premises as set forth on Exhibit "II" which is attached hereto and incorporated herein. Landlord shall deliver the Premises with all mechanical, electrical and plumbing systems and equipment in good working order. Landlord shall be obligated to maintainresponsible for maintenance and repair of the roof, at its own expenseexterior walls, foundation, downspouts, gutters and structural elements of the building of which the Premises are a part, unless such repair or maintenance is necessitated by any act or neglect of Tenant or anyone acting by, through or under Tenant. Except as provided in generalthe preceding paragraph, including Tenant shall promptly repair at Tenant's expense any damage to the Premises and to any equipment, systems and facilities therein, and will make all replacements thereto, whether such repairs and replacements be necessitated by ordinary wear and tear or other event of any kind, except a Casualty as provided in Section 3.2 hereof. Without limiting the generality of the foregoing, Tenant's maintenance, repair and replacement responsibilities shall include the interior of the Premises, all doors, windows, and loading docks, if any, and all electrical, mechanical, Tenant shall pay all expenses of operating and maintaining the Premises, including, but not limited to, the exterior structural elementsexpenses for refuse removal, exterior pluvialjanitorial services, carpet cleaning, and sewage water systemspainting. Upon vacating the Premises, Tenant shall surrender the Premises in as well good condition as pay for all other maintenance fees or repairs derived from the same were at the commencement of Tenant's original tenancy, excepting normal wear and tear and damage caused by a Casualty as provided in Section 3.2 hereof, unless such Casualty is caused by the negligence or intentional acts of Tenant or anyone acting by, through or under Tenant. Tenant shall not make any structural changes or alterations to the exterior Premises or install any equipment which may necessitate any changes or addition to, or overload or require the extraordinary use of, any utilities or any electrical, plumbing, or mechanical systems serving the Premises, without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld. Unless otherwise agreed in writing, at the conclusion of Tenant's occupancy of the Premises, including roof any alterations, improvements and parking spacesfixtures installed by Tenant in the Premises, at Landlord's option, shall either become the property of Landlord or any other repair or maintenance of the Premises not caused directly or indirectly by the actions of Tenant or be removed at Tenant's subcontractors. Maintenance of existing equipmentexpense, as well as procurement of spare parts and replacements within in which event the Premises shall be Tenant's sole responsibility, such maintenance shall be performed in an optimal way to operate and preserve the equipment, by Tenant or third parties approved by Landlord; a biannual report must be presented restored by Tenant to their condition existing at commencement of this Lease. Landlord agrees to indemnify and hold harmless the Tenant from any pre-existing or current condition on all maintenance activities performed on existing equipment within the premises. The Landlord shall cooperate with Tenant to enforce all such guarantees with respect to property of which the Premises which will reduce Tenant's maintenance obligations, and shall not be obligated to maintain at its expense are a part concerning the interior and improvements presence of the Premises in general, even if such maintenance could be considered as necessary because of the normal wear and tear of the inside of the building, unless otherwise stated in the Lease. The Tenant shall bear the cost of any other repair such as broken glasses, burnt light bulbs, gaskets and, generally, any service accessory or accessories incorporated to the Premises. Any damages or repairs caused or generated by the Tenant's negligence or willful misconduct shall run at the Tenant's expense, as well as all of the secondary elements added to the Premises by the Tenant. Notwithstanding the foregoing, the Tenant shall not, without the prior written consent of the Landlord which shall not be unreasonably withheld or delayed, make changes or adjustments to the Premises, even if related to indoor or outdoor maintenance works. It shall not be necessary to obtain prior consent from the Landlord to make indoor changes, adjustments or maintenance works whenever these do not affect the Premises' structure or are not permanently affixed to the same. The Landlord shall respond to any request for approval of changes or adjustments to the Premises within ten (10) calendar days of its receipt of such request. If authorization is received, all improvements made by Tenant, shall be for the benefit of the Landlord, without giving rise to the Tenant to request a deduction in the rent or an economic compensation for these upon termination of the lease's term. Except that Tenant shall have the right to remove: (i) its trade fixtures any "Hazardous Waste Substance" as defined by the Resource Conservation and business equipmentRecovery Act of 1976 (or regulations thereunder) as later amended, and (ii) any other equipment installed "Hazardous Substance" as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (or regulations thereunder) as later amended, (iii) any "Hazardous Substance" as defined in the Maryland Health Environmental Code, Title 7, Subtitle 2 (or regulations thereunder) as later amended, and (iv) any "Substance" (including asbestos) the presence, maintenance or storage of which on the Premises is prohibited by law. Tenant in shall not allow, permit, or about the Premises, whether or not affixed to the building. If such changes, adjustments or improvements may cause the Premises generation, use, accumulation, storage, treatment, transportation, disposal, release or threat of release of "Hazardous Waste Substance" as defined in the preceding paragraph and agrees to suffer any damage Tenant has two options: (i) leave indemnify and hold harmless the improvements to the benefit of Landlord or (ii) repair Premises of from any such damages immediately, at its sole cost condition during the term and expense. In case Landlord has consent to an improvement any renewals of the Premises and provided such improvements increase the market value of the Premises, increase in payment of land tax, due to such increase in market value, shall be compensated by Tenant to Landlord through an increase in the monthly rate paymentthis Lease.

Appears in 1 contract

Samples: Agreement of Lease (Carpenter W R North America Inc)

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