Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items. (B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 17 contracts
Sources: Net Lease Agreement (Aei Net Lease Income & Growth Fund Xx Limited Partnership), Net Lease Agreement (Aei Income & Growth Fund Xxi LTD Partnership), Net Lease Agreement (Aei Real Estate Fund Xvii Limited Partnership)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following upon demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty One Hundred Thousand Dollars ($50,000.00100,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty One Hundred Thousand Dollars ($50,000.00100,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 12 contracts
Sources: Net Lease Agreement (Aei Real Estate Fund Xv LTD Partnership), Net Lease Agreement (Aei Income & Growth Fund 25 LLC), Net Lease Agreement (Aei Real Estate Fund Xviii Limited Partnership)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance ofof the Leased Premises, including but without limitation to or of: The limitation, interior and exterior portions of all doors; , door checks and operators; , windows; , plate glass; , plumbing; , water and sewage facilities; , fixtures; , electrical equipment; , interior walls; , ceilings; , signs; roof; structure; , interior building appliances and similar equipment; , heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessarynecessary based upon reasonable facility management practices. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If after written notice and a 90 day cure period (except in the event of emergencies), Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following upon demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), 50,000 provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) 50,000 or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayedwithheld. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor. Lessee further agrees, except for Lessee's moveable trade fixtures. In in the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise arising out of or result resulting from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsrepairs required by the terms of this Lease.
Appears in 9 contracts
Sources: Net Lease Agreement (Aei Net Lease Income & Growth Fund Xx Limited Partnership), Net Lease Agreement (Aei Net Lease Income & Growth Fund Xx Limited Partnership), Net Lease Agreement (Aei Income & Growth Fund Xxii LTD Partnership)
Repairs and Maintenance. (A) Subject to the provisions of Articles 12 and 15 hereof, Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term Term of the Lease, or any renewal termsRenewal Terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto (if any) and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term Term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty One Hundred Thousand Dollars ($50,000.00100,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty One Hundred Thousand Dollars ($50,000.00100,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 8 contracts
Sources: Net Lease Agreement (Aei Real Estate Fund Xv LTD Partnership), Net Lease Agreement (Aei Net Lease Income & Growth Fund Xix Limited Partnership), Net Lease Agreement (Aei Real Estate Fund Xvii Limited Partnership)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference, if any; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following upon demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty One Hundred Thousand Dollars ($50,000.00100,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty One Hundred Thousand Dollars ($50,000.00100,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 6 contracts
Sources: Net Lease Agreement (Aei Income & Growth Fund 25 LLC), Net Lease Agreement (Aei Net Lease Income & Growth Fund Xx Limited Partnership), Net Lease Agreement (Aei Net Lease Income & Growth Fund Xix Limited Partnership)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The limitation, interior and exterior portions of all doors; , door checks and operators; , windows; , plate glass; , plumbing; , water and sewage facilities; , fixtures; , electrical equipment; , interior walls; , ceilings; , signs; roof; structure; , interior building appliances and similar equipment; , heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to be replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If after written notice and a 90 day cure period (except in the event of emergencies), Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following upon demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), 50,000 provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) 50,000 or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayedwithheld. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor. Lessee further agrees, except for Lessee's moveable trade fixtures. In in the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise arising out of or result resulting from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 6 contracts
Sources: Net Lease Agreement (Aei Income & Growth Fund Xxii LTD Partnership), Net Lease Agreement (Aei Real Estate Fund Xv LTD Partnership), Net Lease Agreement (Aei Income & Growth Fund Xxii LTD Partnership)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto (if any) and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 6 contracts
Sources: Net Lease Agreement (Aei Net Lease Income & Growth Fund Xix Limited Partnership), Net Lease Agreement (Aei Income & Growth Fund 23 LLC), Net Lease Agreement (Aei Income & Growth Fund Xxi LTD Partnership)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; base Building plumbing; base Building fire sprinkler systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, the portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, and any supplemental HVAC serving the Premises shall not be part of the base Building HVAC and shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); elevators; and base Building electrical systems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises) and every part thereof in good order, condition and repair repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the interior and exterior expiration or sooner termination of the Leased Term, sun-ender the Premises during to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the term Tenant Improvements in substantially the same condition as existed on the date the Tenant Improvements were completed; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Lease, or Work Letter.
18.3. Landlord shall not be liable for any renewal terms, and further agrees that Lessor shall be under no obligation failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Leased Premisesneed of such repairs or maintenance. Lessee covenants and agrees that it Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4. If any excavation shall be responsible for all repairs, alterations, replacementsmade upon land adjacent to or under the Building, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to shall be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs authorized to be made, but Tenant shall not be required afford to do sothe person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and Lessee shall pay protect the cost thereof Building from injury or damage and to Lessor within five (5) business days following demandsupport the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5. It is understood that Lessee shall pay all expenses This Article relates to repairs and maintenance and repair during arising in the term ordinary course of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity operation of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting Building and the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesProject. In the event of making such alterations as herein provideda casualty described in Article 24, Lessee further agrees Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsthis Article shall constitute Operating Expenses.
Appears in 4 contracts
Sources: Lease (Erasca, Inc.), Lease Agreement (Erasca, Inc.), Lease (Erasca, Inc.)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbingplumbing (to the extent solely located within the Leased Premises); water and sewage facilitiesfacilities (to the extent solely located within the Leased Premises); fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete structural repairs or repairs that materially and adversely affect the value of the Leased Premises promptly and adequately, after Lessor may, upon giving Lessee no less than thirty (30) days prior written notice thereof and an opportunity to commence and diligently pursue such repairs (provided that Lessor may cause such repairs to be made upon less than thirty days notice, but after notice to Lessee, to the extent required in order to avoid additional waste to the Leased Premises or in the event of an emergency requiring immediate correction, if Lessee has not commenced such repairs as required under Article 16(B) (except in cases of emergency may be necessary to prevent such waste or preserve the safety and integrity of to the Leased Premises, in which case no notice need be givenPremises or correct such emergency), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the reasonable-out-of-pocket cost thereof to Lessor within five (5) business days following upon demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunderhereunder beyond applicable grace or cure periods, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs Lessor. The plans and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any specifications for any repairs or improvements in excess of Fifty One Hundred Thousand Dollars ($50,000.00100,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld withheld, conditioned or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions, unless, in each such case, caused by Lessor's negligence or willful misconduct.
Appears in 4 contracts
Sources: Net Lease Agreement (Aei Income & Growth Fund Xxii LTD Partnership), Net Lease Agreement (Aei Income & Growth Fund 24 LLC), Net Lease Agreement (Aei Income & Growth Fund 25 LLC)
Repairs and Maintenance. (A) A. Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The the interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; equipment and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further reference and, further, agrees to replace any of said such Lessor's equipment when as necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), within the Leased Premises and other similar items.
(B) B. If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five seven (57) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunderof this lease beyond the applicable cure period following notice from Lessor, Lessee shall have the right to make repairs and improvements to the Leased Premises without the prior written consent of Lessor if such repairs and improvements (1) are nonstructural and do not exceed Fifty Thousand Dollars $150,000 in cost or ($50,000.00), provided such repairs or improvements do not 2) affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Premises but do not exceed One Hundred Thousand Dollars ($50,000.00100,000.00) in cost. Lessor's consent to all other repairs or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent improvements shall not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 3 contracts
Sources: Lease Agreement (Aei Net Lease Income & Growth Fund Xix Limited Partnership), Lease Agreement (Aei Income & Growth Fund Xxii LTD Partnership), Lease Agreement (Aei Real Estate Fund 85-a LTD Partnership)
Repairs and Maintenance. (A) Lessee covenants and agrees A. Subject to provisions of paragraph 15, Lessor shall keep and maintain in good order, condition and repair the interior and exterior structural elements of the Leased Premises during including the roof, roof membrane, paving, floor slab, foundation, exterior walls, landscaping, irrigation and elevators. Lessor shall make such repairs, replacements, alterations or improvements as Lessor deems reasonably necessary with respect to such structural elements and Lessee shall pay to Lessor, within ten (10) business days of Lessor's invoice to Lessee therefor, Lessee's pro- rata share of such repairs, replacements, alterations or improvements; provided, however, that replacement and improvement costs in excess of $5,000 per occurrence shall be amortized over the useful life of such replacements or improvements, and Lessee shall be obligated to pay, as additional rent, only the amount which coincides with the remaining term of the Lease. Notwithstanding the foregoing, if the reason for any repair, replacement, alteration or any renewal termsimprovement is caused by Lessee or arises because of a breach of Lessee's obligations under this Lease, then Lessee shall pay 100% of the costs or expense to remedy the same.
B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and maintain the entire Premises and every part thereof, including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and partitions, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairselectrical, alterationsplumbing, replacementslighting, or maintenance ofheating, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; systems in good and any equipment owned by Lessor sanitary order, condition, and leased repair subject to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessarythe limitations set forth in Section 11A above. Lessee further agrees to be responsible forshall, at its own all times during the Lease term and at his expense, snow removal, lawn maintenance, landscaping, have in effect a service contract for the maintenance of the parking lot (including parking linesheating, seal coatingventilating, and blacktop surfacing), and other similar items.
air-conditioning (BHVAC) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses equipment with an HVAC repair and maintenance contractor approved by Lessor which provides for periodic inspection and repair servicing at least once every three (3) months during the term hereof. Lessee shall further provide Lessor with a copy of this Leasesuch contract and all periodic service reports. If Should Lessee is not then fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in default hereunderaddition to all other remedies available hereunder or by law, and without waiving any alternative remedies, may make the same, and in that event, Lessee shall have reimburse Lessor as additional rent for the right cost of such maintenance or repairs on the next date upon which rent becomes due. Lessee hereby expressly waives the provision of Subsection 1 of Section 1932, and Sections 1941 and 1942 of the Civil Code of California and all rights to make repairs and improvements to at the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent expense of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made as provided in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making Section 942 of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsCivil Code.
Appears in 3 contracts
Sources: Lease (Oratec Interventions Inc), Lease (Oratec Interventions Inc), Lease (Oratec Interventions Inc)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized itemized, if any, on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 3 contracts
Sources: Net Lease Agreement (Aei Real Estate Fund Xv LTD Partnership), Net Lease Agreement (Aei Real Estate Fund Xvii Limited Partnership), Net Lease Agreement (Aei Real Estate Fund Xvii Limited Partnership)
Repairs and Maintenance. (A) Lessee ▇. ▇▇▇▇▇▇ covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The the interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; equipment and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further reference and, further, agrees to replace any of said such ▇▇▇▇▇▇'s equipment when as necessary. Lessee ▇▇▇▇▇▇ further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), within the Leased Premises and other similar items.
(B) B. If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five seven (57) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunderof this lease beyond the applicable cure period following notice from Lessor, Lessee shall have the right to make repairs and improvements to the Leased Premises without the prior written consent of Lessor if such repairs and improvements (1) are nonstructural and do not exceed Fifty Thousand Dollars $150,000 in cost or ($50,000.00), provided such repairs or improvements do not 2) affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Premises but do not exceed One Hundred Thousand Dollars ($50,000.00100,000.00) in cost. Lessor's consent to all other repairs or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent improvements shall not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee▇▇▇▇▇▇'s moveable trade fixtures. In the event of making such alterations as herein provided, Lessee ▇▇▇▇▇▇ further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ /s/ ▇▇ ▇▇▇▇▇▇ /s/ RPJ 5/28/99 out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee▇▇▇▇▇▇'s failure to make said repairs, improvements, alterations or additions.
Appears in 3 contracts
Sources: Sale and Purchase Agreement (Aei Income & Growth Fund Xxii LTD Partnership), Sale and Purchase Agreement (Aei Net Lease Income & Growth Fund Xix Limited Partnership), Sale and Purchase Agreement (Aei Real Estate Fund 85-a LTD Partnership)
Repairs and Maintenance. (A) The Lessee covenants shall maintain the leased premises in a good state of repair and agrees to keep be responsible for the costs of maintenance and maintain in good orderrepairs. He will, condition and among other things, be responsible for the repair the interior and exterior and, if necessary, replacement of the Leased Premises during the term locks of the Leasedoors, windows, hinges and handles, taps, interior paint work, flooring and the like. All private drainage systems and pipes need to be maintained and cleaned and in such a state that no blockage is possible. He will maintain the water pipes and the central heating (as far as these are private, otherwise through the maintenance contract) and, when necessary, protect them from frost. The Lessor or any renewal termsmanager of the building can close maintenance contracts for this purpose on the behalf of the Lessee. All defects, damage, and further agrees the like are presumed to have arisen after the effective date of this lease agreement, with the exception of those listed in the delivery report, and are to be borne by the Lessee. Only the hidden defects of the leased premises that impede the use thereof and that are reported within twelve months after the signing of the contract to the Lessor shall be under no obligation borne by the Lessor. It is agreed that only major and structural repair work, in accordance with Section 606 Civil Code, will be borne by the Lessor, as far as they are not caused by the failure of the repairs or errors of the Lessee. The Lessee must immediately report to make the Lessor by registered letter which obligations he believes the Lessor should have to fulfill. The damage or inconvenience sustained by failing to recognize this notification requirement will be borne by the Lessee. The Lessee will tolerate any repairs or perform renovations performed by the Lessor to fulfill his obligations regarding major repairs, as defined, and this without any maintenance right to compensation or reduction of the rental price. However, if the works result in a permanent unavailability of more than fourteen days and of at least twenty percent (20%) of the leased premises, then the Lessee and the Lessor will hold consultations regarding a rent reduction. The Lessee will always grant access to the Leased Premises. Lessee covenants and agrees that it shall Lessor or his representative to all leased premises, in order to carry out the necessary inspections and/or to be responsible for all able to perform repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance verify the state of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), leased premises. The Lessor may cause such repairs to be made, but shall not be required liable for any interruption of services or utilities of the building or the consequences thereof, unless the interruption is caused by his willful misconduct, fraud or gross negligence. The Lessor can give notice to do sothe Lessee by registered mail, demanding that he carries out the necessary repair work and Lessee shall pay to end this within thirty days after sending this letter. The Lessor has no task of supervision or control over the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without like that the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsmust perform.
Appears in 2 contracts
Sources: Office Space Lease Agreement (Galapagos Nv), Office Space Lease Agreement (Galapagos Nv)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following upon demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Twenty Five Thousand Dollars ($50,000.0025,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Twenty Five Thousand Dollars ($50,000.0025,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 2 contracts
Sources: Net Lease Agreement (Aei Real Estate Fund Xvi LTD Partnership), Net Lease Agreement (Aei Real Estate Fund Xvii Limited Partnership)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following upon demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 2 contracts
Sources: Net Lease Agreement (Aei Real Estate Fund Xv LTD Partnership), Net Lease Agreement (Aei Income & Growth Fund Xxi LTD Partnership)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Seventy-Five Thousand Dollars ($50,000.0075,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Seventy-Five Thousand Dollars ($50,000.0075,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 2 contracts
Sources: Net Lease Agreement (Aei Income & Growth Fund Xxii LTD Partnership), Net Lease Agreement (Aei Real Estate Fund Xvii Limited Partnership)
Repairs and Maintenance. (A) Lessee covenants 11.1: The LESSEE has inspected the leased premises, and agrees accepts them in the condition that they are now in. The LESSEE acknowledges that the Town of Barnstable does not currently have an appropriation for any repair work at the Premises.
11.2: The LESSEE shall, throughout the term of this lease, at its own cost and without any expense to the LESSOR, keep and maintain the leased premises, in good a good, sanitary and neat order, condition and repair repair, free of debris and any and all other foreign matters; and further, the interior and exterior LESSEE agrees that said area shall be cleared of the Leased Premises during the term any such foreign matters of the Leasedebris immediately as such are, or any renewal termsmay be, caused to exist and further agrees that Lessor shall be under no obligation to make any and all repairs or perform any maintenance necessary to the Leased Premises. Lessee covenants keep said premises in a good and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or ofsatisfactory condition.
11.3: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and LESSEE shall not permit the leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees premises to be responsible fordamaged, stripped or defaced, nor suffer any waste.
11.4: The LESSEE shall not overload the electrical wiring serving the leased premises or within the leased premises and will install, at its own expense, but only after receiving the written approval of the LESSOR, any additional electrical wiring which may be required in connection with LESSEE'S business.
11.5: The LESSEE agrees to keep the grounds of the leased premises in good condition. This includes the grass, fences, bushes, and parking areas as defined by exhibits, showing the boundaries associated with this lease.
11.6: The LESSEE shall save the LESSOR harmless within the leased premises from all loss and damage occasioned by the use or escape of water or by the bursting of pipes, as well as from any claim or damage resulting from neglect in not removing snow removalor ice from the roof of the building or from the roads upon the premises so leased, lawn or by any nuisance made or suffered on the leased premises.
11.7: The LESSEE shall be responsible for repairing or obtaining repairs on any equipment located on the leased premises.
11.8: It shall be the responsibility of the LESSEE for the repair and maintenance of all electrical and plumbing work that pertains to the current structure.
11.9: Upon the written request of the LESSEE or upon the failure of the LESSEE to perform necessary repairs and maintenance, landscapingand at the sole discretion of the LESSOR, LESSOR may undertake repair or maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesleased premises. In the event that LESSOR, at its sole discretion, elects to undertake any such repair or maintenance, LESSEE shall bear the full cost for said repair or maintenance, including, but not limited to, the cost for labor and materials. Failure of making such alterations as herein provided, Lessee further agrees the LESSEE to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or pay for the Leased Premises which may arise out of or result from the undertaking or making full cost of said repairsrepair and maintenance within ten (10) days of being billed for same, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsshall constitute grounds for the termination of this lease agreement.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto (if any) and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee ▇▇▇▇▇▇ further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee ▇▇▇▇▇▇ is not then in default hereunder, Lessee ▇▇▇▇▇▇ shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee▇▇▇▇▇▇'s moveable trade fixtures. In the event of making such alterations as herein provided, Lessee ▇▇▇▇▇▇ further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee▇▇▇▇▇▇'s failure to make said repairs, improvements, alterations or additions.
Appears in 2 contracts
Sources: Development Financing and Leasing Commitment (Aei Income & Growth Fund 23 LLC), Development Financing and Leasing Commitment (Aei Real Estate Fund Xviii Limited Partnership)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Twenty Five Thousand Dollars ($50,000.0025,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Twenty Five Thousand Dollars ($50,000.0025,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 1 contract
Sources: Net Lease Agreement (Aei Real Estate Fund 85-a LTD Partnership)
Repairs and Maintenance. (Aa) Lessee covenants Except only as provided in Clause 8(c) herein, the Lessee, at its expense, shall be solely responsible for maintaining and agrees to keep keeping the Leased Premises and maintain all appurtenances and fixtures thereto in good orderand sufficient repair and in good working order when, condition where and repair so often as may be necessary, including such repairs as may be necessary, painting the interior and exterior also including, without limiting, all machinery, facilities, fixtures, doors, including sliding and overhead, plumbing apparatus, plate glass, windows, pipes, wiring, heating apparatus, air conditioning apparatus, floors, drains, and interior electric light fixtures, wiring and equipment. It is also agreed and hereby acknowledged by the Lessee that the said maintenance and repairs shall, whenever and wherever necessary, include replacements and renewals, and that the same shall be done with due diligence and dispatch. PROVIDED, that the said obligations of the Lessee to repair, maintain, replace and renew as aforesaid shall not include and extend to reasonable wear and tear, damage by fire, lightning, tempest, explosion, acts of the Queen's enemies, act of God, or other event covered by the insurance referred to in Clause 5(a) of this Lease, and are subject to Clause 12 of this Lease. The Lessee further covenants that if the Lessee shall at any time fail to so maintain and to make such repairs, renewals or replacements, the Lessor may do so or may cause another to do so in a good and workmanlike manner, and the cost thereof shall be for the account of the Lessee, and upon receipt by the Lessee of the Lessor's statement setting out the amount thereof, the Lessee shall pay to the Lessor such amount. For the purposes aforesaid, the Lessee shall permit the Lessor, its servants, agents, contractors, licensees and workmen at all reasonable times to enter upon the Leased Premises without liability to the Lessor for any loss or damage that may accrue to the Lessee by reason thereof, including, without limiting, the business of the Lessee.
(b) The Lessee shall permit the Lessor, its agents, servants, contractors, licensees and workmen to enter from time to time upon the Leased Premises, or any part thereof, at all reasonable times for the purpose of viewing and examining the condition and state of repair of the Leased Premises during the term Premises.
(c) Except for repairs, maintenance, replacements or renewals required by reason of the Leasenegligence or wrongful act of the Lessee, its employees, agents, contractors or any renewal termsinvitees, the Lessor shall repair, maintain, replace and renew the Common Areas and all structural repairs for replacements in respect of the roof of the Building and repairs and replacements in respect of mechanical, heating, air condition and fire alarm systems in existence. As well, the Lessor, at its expense, shall be responsible for all structural repairs including repairs to the foundations, floors, perimeter walls and the roof, and further agrees that Lessor shall be under no obligation all repairs to make any repairs or perform any maintenance the main electrical systems and the sewer and drainage system exterior to the Leased Premises. Lessee covenants and agrees that it The Lessor shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees cause the aforesaid repairs to be responsible forcompleted with diligence and, at its own expenseupon default, snow removalthe Lessee may give notice to the Lessor of defects requiring repair or replacements from time to time under this Subclause (c) of which it has actual or constructive notice. PROVIDED, lawn maintenancehowever, landscaping, maintenance that breach of this covenant by the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar itemsLessee shall not entitle the Lessor to terminate this Lease.
(Bd) If Lessee refuses At the expiration or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term sooner termination of this Lease. If Lessee is not then in default hereunder, the Lessee shall have the right to make repairs deliver up and improvements to surrender the Leased Premises without in good and sufficient repair, subject only to the consent of exceptions set forth in Clauses 8(a) and 8(c) hereof, and the Lessee shall surrender to the Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of all keys for the Leased Premises. Any repairs The Lessee's obligations to observe and perform as aforesaid shall survive the expiration or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity sooner termination of the Leased Premises may be done only with the prior written consent terms of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsthis Lease.
Appears in 1 contract
Sources: Lease Agreement (Rotoblock CORP)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and . Lessee further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises, but Lessor shall reimburse Lessee for such reasonable costs and expenses incurred by Lessee in complying with Lessee's obligations under this Article relating to repairs, replacements and maintenance if the need for the same is caused by the negligent acts or omissions of Lessor, its agents, contractors or employees, but only to the extent such costs and expenses are not covered by the insurance maintained by Lessee or would not be covered by the insurance required to be maintained by Lessee under this Lease (if Lessee shall have failed to maintain the same). Lessee covenants and agrees that during the term of the Lease it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B C attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees during the term of the Lease to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice and opportunity to cure as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunderhereunder beyond the expiration of applicable cure periods, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesProperty (defined below). In the event of making such alterations as herein provided, subject to Article 21, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, by or on behalf of Lessee or any sublessee of Lessee, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 1 contract
Sources: Net Lease Agreement (Aei Real Estate Fund Xvi LTD Partnership)
Repairs and Maintenance. (A) Lessee covenants 7.1 Except for repair and agrees to keep and maintain in good order, condition and repair the interior and exterior maintenance of the Leased Premises during to be performed by Landlord under the term terms of the this Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible forTenant shall, at its own expense, keep the premises neat and clean, in sanitary condition and in good repair and will at all times preserve them in as good a condition and repair as they are upon occupancy, reasonable use and wear and tear excepted. Tenant shall permit no waste, damage or injury to the Premises, keep all drain pipes free and open, protect water, heating, gas and other pipes to prevent freezing or clogging, replace all glass in windows and doors of the Premises which may become cracked or broken, remove ice and snow removalfrom sidewalks of the Premises, lawn maintenance, landscaping, and perform all other interior and exterior maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice Premises not expressly part of Landlord's obligations as required under Article 16(B) (except provided in cases of emergency to prevent waste or preserve subsection. Tenant shall furnish all expendable items used in the safety and integrity of the Leased Premises, including, but not limited to, light bulbs or tubes and ballasts, soap, paper goods and supplies. Tenant shall also make any repairs necessitated by the negligence or intentional misconduct of Tenant, or the negligence of Tenant's officers, employees, agents, contractors, licensees and invitees. If Tenant fails to keep the Premises in which case no notice need be given)good condition and repair, Lessor may Landlord may, at its option, cause such repairs the Premises to be madeput in said condition and Tenant shall, but shall not be required to do soon demand, and Lessee shall pay the cost thereof thereof. In no case shall Tenant be obligated to Lessor within five (5) business days following demandperform or pay for the repairs that are Landlord's obligations as set forth in subsection 7.2. It is understood The Tenant will allow the Landlord to improve the creek buffers as described in the City's critical area ordinance along the area of Dogfish creek that Lessee runs adjacent to the property.
7.2 Landlord shall pay be responsible for performing all expenses necessary repairs, replacements, and maintenance of the structural elements and repair during exterior surfaces of the term Premises, including, but not limited to, the roof of this Lease. If Lessee is not then in default hereunderthe Premises, Lessee shall have roof covering and membrane (including interior ceiling and coverings if damaged by leakage), exterior paint, the right to make major components of the electrical (including light fixtures repair) plumbing, heating, ventilation and air conditioning systems (the "HVAC") servicing the Premises, and all necessary structural repairs and improvements to the Leased Premises without the consent of Lessor if such repairs walls, concrete slab, footings and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity foundations of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. (Aa) Lessee covenants Except as otherwise provided in Sections 10, 19 and agrees to 43 hereof, Tenant shall, at Tenant's sole expense, keep and maintain in good orderthe Premises (including without limitation, condition interior walls, roof membrane, heating, ventilation and repair the air conditioning systems, operating systems, sidewalks, parking lots, interior and exterior glass, fire sprinklers, alarms and landscaping that are part of or adjoin the Premises) in a clean and good condition and repair, including without limitation replacements as needed thereof, and to deliver to Landlord physical possession of the Leased Premises at the termination of this Lease or any sooner expiration thereof, in good condition and repair, reasonable wear and tear excepted. All repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality. If the work affects the structural elements of the Premises or if the estimated cost of any item of repair or replacement is in excess of Five Thousand Dollars ($5,000.00), Tenant shall first obtain Landlord's written approval of the scope of the work, the plans for the work, the materials to be used, and the contractor hired to perform the work. In the event that any singular repair of the roof membrane, the HVAC system, the parking lot, the fire sprinklers or the building operating systems of a capital nature costs in excess of Fifty Thousand dollars ($50,000.00) (each a "Singular Capital Expenditure") or in the event that the aggregate cost of replacing HVAC units installed in the Premises exceeds Fifty Thousand dollars ($50,000.00) during the Term (each replacement a "HVAC Capital Expenditure"), Tenant shall have the right to cause Landlord to pay for such Singular Capital Expenditure or the excess over Fifty Thousand Dollars ($50,000.00) of the HVAC Capital Expenditures ("Excess HVAC Capital Expenditure"), provided that Landlord shall amortize the amount paid by Landlord over the useful life of such Singular Capital Expenditure or such Excess HVAC Capital Expenditure, as the case may be, and Tenant shall pay as additional rent to Landlord on or before the first day of the calendar month immediately following the payment of such Singular Capital Expenditure or such Excess HVAC Capital Expenditure by Landlord, as the case may be, and on each anniversary thereof during the Term, an amount equal to the annual amortization of such Singular Capital Expenditure and/or such Excess HVAC Capital Expenditure, as the case may be.
(b) Tenant shall maintain continuously throughout the term of the Lease a service contract for the maintenance of all heating, air conditioning, and ventilation equipment with a licensed repair and maintenance contractor reasonably approved by Landlord; the contract should provide for periodic inspections and servicing of the heating, air conditioning, and ventilation equipment at least once every ninety (90) days during the term of the LeaseLease (the "HVAC Contract").
(c) Tenant shall maintain continuously throughout the term of the Lease a service contract for the monitoring of fire sprinklers and alarms located on or about the Premises with a licensed service, which contract shall, inter alia, provide for the periodic testing and if necessary replacement of the fire sprinklers and alarms located on or about the Premises (the "Life Safety Contract").
(d) Within ten (10), days of the Commencement date, Tenant shall provide copies of the HVAC Contract and the Life Safety Contract to Landlord.
(e) If at any renewal termstime during the Term, and further agrees that Lessor shall be under no obligation including renewals or extensions thereof, Tenant fails to maintain the Premises, make any repairs or replacements as required by this Section or maintain service contracts required by this Section, Landlord shall have the right to, but shall not be required to, enter the Premises and perform the maintenance or make the repairs or replacements or enter into appropriate service contracts, as the case may be, all for the account of Tenant and any sums expended by Landlord in so doing, together with interest at the lesser of ten percent (10%) per annum or the highest rate allowed by law, shall be deemed additional rent and shall be immediately due from Tenant on demand of Landlord.
(f) Tenant waives the provisions of Civil Code ss.ss. 1941 and 1942 and any ot▇▇▇ ▇aw that would require Landlord to maintain the Premises in a tenantable condition or would provide Tenant with the right to make repairs and deduct the cost of those repairs from the rent.
(g) Landlord agrees that after the Substantial Completion of the Tenant Improvements, it shall, at its sole expense, maintain, repair and comply with all Legal Requirements regarding the building foundation, the exterior walls and the roof structure of the Premises, including any latent defects discovered therein; provided however that Landlord shall not be responsible for any repairs to or maintenance to the Leased Premisesbuilding foundation, exterior walls or roof structure caused by or resulting from the actions of Tenant or any of Tenant's contractors, employees, licensees, invitees or agents other than ordinary and customary wear and tear. Lessee covenants and Tenant agrees that it shall be responsible for all repairsand shall promptly repair or replace, alterationsas necessary, replacementsany part or portion of the building foundation, the exterior walls and the roof structure of the Premises; which repair or maintenance ofarises out of or results from the actions of Tenant or any of Tenant's contractors, including but without limitation to employees, licensees, invitees or of: The interior agents. In addition, Landlord agrees that after the Substantial Completion of the Tenant Improvements, it shall be responsible for and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereundershall promptly repair or replace, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace necessary, any part or portion of the Premises, which repair or maintenance arises out of or results from the actions of Landlord or any of said equipment when necessary. Lessee further agrees to be responsible forLandlord's contractors, at its own expenseemployees, snow removallicensees, lawn maintenance, landscaping, maintenance of the parking lot invitees or agents (including parking lines, seal coating, and blacktop surfacingother than Tenant), and other similar items.
(Bh) If Lessee refuses In the event of an emergency (being defined as an imminent threat of personal injury to Tenant's employees or neglects material damage to commence Tenant's equipment or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve other property at the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee Tenant shall have the right to make such temporary, emergency repairs and improvements to the Leased roof structure, foundation and exterior walls of the Premises without as may be reasonably necessary to prevent such personal injury or material damage to the consent equipment or property of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00)Tenant situated in the Premises, provided Tenant has no reasonable alternative and has either (i) notified Landlord's representative of such emergency by telephone (with subsequent written notice as soon as practicable) and Landlord has failed to initiate emergency repairs within a reasonable period of time under the circumstances, but in no event longer than forty-eight (48) hours after such telephonic notification, or improvements do not affect (ii) Tenant has attempted in good faith to notify Landlord's representative of such emergency by telephone (with subsequent written notice as soon as practicable) and has been unsuccessful in its attempts to contact such representative for a time period commensurate with the structural integrity circumstances, but in no event more than forty-eight (48) hours after attempting to contact Landlord. Landlord shall reimburse Tenant for the reasonable, out-of pocket costs actually incurred by Tenant in making such emergency repairs to the roof structure, foundation or exterior walls, as applicable, within thirty (30) days after submission by Tenant to Landlord of any invoice therefor, accompanied by reasonable supporting documentation for the costs so incurred.
(i) Landlord shall keep and maintain the exterior of the Leased PremisesPremises and all grounds and landscaping in good condition, and repair (collectively "Exterior Maintenance"). Any repairs or improvements Within twenty (20) business days after receipt of an invoice from Landlord, Tenant shall, as additional rent, reimburse Landlord for all costs reasonably incurred by Landlord in excess of Fifty Thousand Dollars such Exterior Maintenance. Tenant shall have the right to cause Landlord to obtain no more than three ($50,000.003) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain competitive bids for the benefit of Lessor, except for Lessee's moveable trade fixturesExterior Maintenance from reputable independent contractors. In the event that Tenant causes Landlord to obtain such competitive bids, Tenant's liability shall be limited to the lesser of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property the median bid or the Leased Premises which may arise out actual cost to Landlord of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsExterior Maintenance.
Appears in 1 contract
Sources: Industrial Lease (Sandisk Corp)
Repairs and Maintenance. (A) Lessee covenants 11.1: The LESSEE has inspected the leased Premises, and agrees accepts them in the condition that they are now in, unless otherwise provided herein. The LESSEE acknowledges that the Town of Barnstable does not currently have an appropriation for any repair work at the Premises.
11.2: The LESSEE shall, throughout the term of this lease, at its own cost and without any expense to the LESSOR, keep and maintain the leased Premises, in good a good, sanitary and neat order, condition and repair the interior repair, free of debris and exterior of the Leased Premises during the term of the Leaseany and all other foreign matters, or any renewal terms, and unless otherwise provided herein. The LESSEE further agrees that Lessor said area shall be under no obligation cleared of any such foreign matters of debris immediately as such are, or may be, caused to exist and shall make any and all repairs or perform any maintenance necessary to the Leased Premises. Lessee covenants keep said Premises in a good and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or ofsatisfactory condition.
11.3: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and LESSEE shall not permit the leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees Premises to be responsible fordamaged, stripped or defaced, nor suffer any waste.
11.4: The LESSEE shall not overload the electrical wiring serving the leased Premises or within the leased Premises and will install, at its own expense, but only after receiving the written approval of the LESSOR, any additional electrical wiring which may be required in connection with LESSEE'S business.
11.5: The LESSEE agrees to keep the grounds of the leased Premises in good condition, unless otherwise provided herein. This includes the grass, fences, bushes, and parking areas as defined by exhibits, showing the boundaries associated with this lease.
11.6: The LESSEE shall save the LESSOR harmless within the leased Premises from all loss and damage occasioned by the use or escape of water or by the bursting of pipes, as well as from any claim or damage resulting from neglect in not removing snow removalor ice from the roof of the building or from the roads upon the Premises so leased, lawn maintenanceor by any nuisance made or suffered on the leased Premises, landscaping, unless due to the acts or omissions of the LESSOR or its agents.
11.7: The LESSEE shall be responsible for repairing or obtaining repairs on any equipment located on the leased Premises.
11.8: It shall be the responsibility of the LESSEE for the repair and maintenance of all electrical and plumbing work that pertains to the current structure. This includes maintenance of the parking lot (including parking lines, seal coatingcurrent HVAC system.
11.9: Upon the written request of the LESSEE or upon the failure of the LESSEE to perform necessary repairs and maintenance, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve at the safety and integrity sole discretion of the Leased PremisesLESSOR, in which case no notice need be given), Lessor LESSOR may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and undertake repair or maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event that LESSOR, at its sole discretion, elects to undertake any such repair or maintenance, LESSEE shall bear the full cost for said repair or maintenance, including, but not limited to, the cost for labor and materials. Failure of making such alterations as herein provided, Lessee further agrees the LESSEE to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or pay for the Leased Premises which may arise out of or result from the undertaking or making full cost of said repairsrepair and maintenance within ten (10) days of being billed for same, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsshall constitute grounds for the termination of this lease agreement.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good orderLESSEE, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible forshall, at its own expense, snow removalkeep and maintain the interior of the building, lawn maintenanceincluding painting the doors, landscapingand keeping all mechanical equipment, storm sewers, water retention areas, roof drains and landscaping in good condition and repair, so as to tender it to LESSOR on the termination date, broom clean and in the same condition as received, ordinary wear and tear, damage by fire or other casualty and the elements or acts of God excepted. LESSOR shall, at its own expense, keep and maintain the structural and exterior (excluding cosmetics, painting or hairline cracks which are not structural or cracks which are caused by LESSEE's negligence) portions of the building except LESSOR SHALL HAVE NO RESPONSIBILITY WHATSOEVER FOR MAINTENANCE OF ROOF DRAINS OR LANDSCAPING. LESSOR, shall, at or before Commencement Date, or as soon thereafter as possible, (LESSOR using best efforts) assign to LESSEE all equipment warranties and guaranties received by it with respect to the improvements. LESSOR shall use its best efforts to cause the plumbing, heating, electric, roofing and paving subcontractors to guarantee their work (labor and materials) for a minimum of one (1) year, or such longer period as may be customary; to the extent LESSOR is able to obtain same, after using its best efforts, from said subcontractors and shall deliver said guaranties to LESSEE at or before the Commencement Date, or as soon thereafter as possible (LESSOR using best efforts). LESSOR warrants the Addition, equipment and paved areas to be free from defects in labor, material or structural design for a period of one year from the Commencement Date of the Lease. During said period, LESSOR shall repair, replace or otherwise correct any such defects or deficiencies promptly upon receipt of written notice from LESSEE. Said written notice must be received on or Before the expiration of said one year period. If notice is timely, LESSOR shall have the continuing responsibility to remedy said defect. LESSEE, following said first year, shall, at its own expense, make all repairs to and provide for the maintenance of the parking lot (including parking heating plant, air conditioning or air cooling units, plumbing, sanitary sewer lines, seal coating, and blacktop surfacing), and all other similar itemsfixtures on the Premises.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 1 contract
Sources: Lease to Build Addition Agreement (Reflectone Inc /Fl/)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep 17.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas, including, without limitations, roofing and covering materials, foundations, exterior walls, the plumbing, fire sprinkler system (if any), heating, ventilating, air conditioning, elevator, and electrical systems installed or furnished by Landlord (and the full Landlord will not replace Capital Items, if any, required by Section 17.1, during the first seven (7) years of the Term of this Lease, unless such Capital Item is recommended in a report prepared by an engineer, acceptable to both Landlord and Tenant and duly licensed by the State of California, a copy of which will be provided to the Tenant for their review and approval. Landlord will not be required to replace Capital Items, if any, required by Section 17.1 during the first seven (7) years of the Term of this Lease, requested in writing by Tenant, unless such Capital Item is recommended in a report prepared by an engineer, acceptable to both Landlord and Tenant and duly licensed by the State of California, a copy of which will be provided to the Landlord for their review and approval. Landlord and Tenant agree that Landlord will not be required to purchase and install any Capital Items, if any, required by Section 17.1 during the final three (3) years of the Term of this Lease, unless such purchase and installation is mutually agreed to by both Landlord and Tenant in writing and recommended in a report prepared by an engineer, acceptable to both Landlord and Tenant and duly licensed by the State of California, a copy of which will be provided to both Landlord and Tenant for their review and approval.
17.2 Except for services of Landlord, if any, required by Section 17.1, Tenant shall at Tenant's sole cost and expense keep the Demised Premises and every part thereof in good order, condition and repair repair, damage thereto from ordinary wear and tear and events of casualty which terminates the interior and exterior Lease excepted. Tenant shall, upon the expiration or earlier termination of the Leased Term, surrender the Demised Premises during to Landlord in as good as condition as when received, ordinary wear and tear and events of casualty which terminates the term of Lease excepted. Other than as specifically set forth in the LeaseWork Letter, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Demised Premises or any renewal terms, and further agrees that Lessor part thereof.
17.3 Landlord shall not be under no obligation liable for any failure to make any repairs or to perform any maintenance to which is an obligation of Landlord unless such failure shall persist for an unreasonable time after written notice of the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, need of such repairs or maintenance of, including but without limitation is given to or of: The interior Landlord by Tenant. Tenant waives the rights under Section 1941 and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance 1942 of the parking lot (including parking linesCalifornia Civil Code or under any similar law, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses statute or neglects to commence ordinance now or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except hereafter in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right effect to make repairs and improvements at Landlord's expense.
17.4 This Article 17 relates to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect maintenance arising in the structural integrity ordinary course of operation of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting Building, the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations Project and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesany related facilities. In the event of making such alterations as herein providedfire, Lessee earthquake, flood, vandalism, war, or similar cause of damage or destruction, this Article 17 shall not be applicable and the provisions of Article 21 entitled "Damage or Destruction" shall apply and control.
18.1 Tenant shall keep the Demised Premises, the Building, the Project and the real property upon which the Building and the Project are situated free from any liens arising out of work performed, materials furnished or obligations incurred by Tenant. Tenant further covenants and agrees to indemnify and save harmless Lessor from all expense, liens, claims that any mechanic's lien filed against the Demised Premises or damages to either persons or property against the Building or the Leased Premises Project for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within ten (10) days after the filing thereof, at the sole cost and expense of Tenant.
18.2 Should Tenant fail to discharge any lien of the nature described in Section 18.1 within ten (10) days after the filing therefor, Landlord may at Landlord's election pay such claim or post a bond or otherwise provide security to eliminate the lien as a claim against title and the cost thereof shall be immediately due from Tenant as Additional Rent.
18.3 In the event Tenant shall lease or finance the acquisition of office equipment, furnishings, or other personal property of a removable nature utilized by Tenant in the operation of Tenant's business, Tenant warrants that any Uniform Commercial Code Financing Statement executed by Tenant will upon its face or by exhibit thereto indicate that such Financing Statement is applicable only to removable personal property of Tenant located within the Demised Premises. In no event shall the address of the Building be furnished on the statement without qualifying language as to applicability of the lien only to removable personal property. Should any holder of a Financing Statement executed by Tenant record or place of record a Financing Statement which appears to constitute a lien against any interest of Landlord or against equipment which may arise out be located other than within the Demised Premises, Tenant shall within ten (10) days after filing such Financing Statement cause (i) a copy of the Security Agreement or result from other documents to which Financing Statement pertains to be furnished to Landlord to facilitate Landlord's being in a position to show such lien is not applicable to Landlord's interest, and (ii) cause Tenant's lender to amend any documents of record so as to clarify that such lien is not applicable to any interest of Landlord in the undertaking or making Building of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsthe Project.
Appears in 1 contract
Repairs and Maintenance. (A) Lessee covenants and agrees A. Subject to provisions of paragraph 15, Lessor shall keep and maintain in good order, condition and repair the interior and exterior structural elements of the Leased Premises during including the term of the Leaseroof, or any renewal termsroof membrane, paving, floor slab, foundation, exterior walls, landscaping, irrigation and further agrees that elevators. Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all such repairs, alterations, replacements, alterations or maintenance of, including but without limitation improvements as Lessor deems reasonably necessary with respect to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, structural elements and Lessee shall pay to Lessor, within ten days of Lessor's invoice to Lessee therefor, Lessee's pro-rata share of such repairs, replacements, alterations or improvements. In the event that the cost thereof of any replacement or improvement exceeds $25,000 per occurrence, the amount in excess of $25,000 shall be amortized over the useful life of such replacements or improvements. Lessee shall be obligated to Lessor within five (5) business days following demandpay its pro-rata share of such excess on a monthly basis, as Additional Rent, for as long as the useful life coincides with the lease term. It Notwithstanding the foregoing subject to the terms of Section 9.D. hereof, if the reason for any repair, replacement, alteration or improvement is understood that caused by Lessee or arises because of a breach of Lessee's obligations under this Lease, then Lessee shall pay 100% of the costs or expense to remedy the same.
B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and maintain the entire Premises and every part thereof, including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all expenses door hardware, interior of the Premises, interior walls and maintenance partitions, and repair during electrical, plumbing, lighting, heating, and air conditioning systems in good and sanitary order, condition, and repair. Notwithstanding the term of this Lease. If Lessee is not then in default hereunderforegoing, Lessee shall have no obligation to repair any damage caused by Lessor. Should Lessee fail to maintain the right Premises or make repairs required of Lessee hereunder forthwith within the cure period provided for in Section 14 hereof, Lessee hereby expressly waives the provision of Subsection 1 of Section 1932, and Sections 1941 and 1942 of the Civil Code of California and all rights to make repairs and improvements to at the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent expense of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made as provided in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making Section 942 of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsCivil Code.
Appears in 1 contract
Sources: Lease (Packeteer Inc)
Repairs and Maintenance. (A) Lessee 7.1 The Tenant covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal termsLease Term, and further agrees that Lessor the Landlord shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee The Tenant covenants and agrees that it shall be responsible for all structural and non-structural repairs, alterations, replacements, alterations or maintenance ofmaintenance, including but without limitation to or of: The the interior and exterior portions of all doors; , door checks and operators; , windows; , plate glass; , plumbing; , water and sewage facilities; , fixtures; , electrical equipment; , interior walls; , ceilings; , signs; roof; structure; , interior building appliances and similar equipment; , heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee The Tenant further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, lines and blacktop surfacing), and other similar items.
(B) 7.2 If Lessee the Tenant refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be madeLandlord may, but shall not be required to to, do so, so and Lessee the Tenant shall pay the cost thereof to Lessor within five (5) business days following Landlord upon demand. It is understood that Lessee the intention of the parties hereto is that the Tenant shall pay all expenses and maintenance and repair during the term Lease Term. The Tenant further covenants and agrees not to permit alterations of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity upon any part of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only except by and with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayedthe Landlord. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessorthe Landlord unless otherwise provided in the said written consent; and the Tenant further agrees, except for Lessee's moveable trade fixtures. In in the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor the Landlord from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise arising out of or result resulting from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
7.3 Notwithstanding anything contained herein to the contrary, if during the last two Lease Years of the initial Lease Term only, the building's roof needs to be replaced, Landlord and Tenant shall each pay one-half the cost thereof. In the event of such roof replacement under this Section 7.3, Landlord and Tenant must mutually agree upon the contractor and the terms of any bid or contract with respect to the work. If the parties are unable to reach agreement, then they will jointly select an independent architect or engineer who shall prepare specifications for the work and contract, solicit competitive bids and award the contract on their joint behalf. Any fee of the architect or engineer shall be paid equally by Landlord and Tenant. Notwithstanding anything contained herein to the contrary, if during the last two years of the initial Lease Term only, the aggregate cost of repairs, maintenance and replacement of the heating, ventilation, and air conditioning equipment ("HVAC Equipment") shall exceed $5,000 (the amount in excess of $5,000 hereinafter referred to as the "Excess Cost"), the Landlord shall pay one-half of the Excess Cost and Tenant shall pay the costs up to and including $5,000.00 plus one-half of the Excess Cost. In the event of replacing any HVAC Equipment during the last two years of the initial Lease Term, Landlord and Tenant must mutually agree upon the contractor and the terms of any bid or contract with respect to the work. If the parties are unable to reach agreement as to the contractor and the terms of any such bid or contract, or in the event that the parties are unable to reach agreement as to whether or not repairs versus replacement is appropriate, then they shall jointly select a mechanical engineer who shall first determine whether or not repair or replacement is appropriate and, if replacement is appropriate, the mechanical engineer shall prepare specifications for the work and contract, solicit competitive bids and award the contract on their joint behalf. Any fee of the mechanical engineer shall be paid equally by Landlord and Tenant. In the event that (i) at the time of any such repair, maintenance or replacement of HVAC Equipment, Tenant has exercised its first option to extend the term hereof pursuant to Section 2.2, then Landlord shall only be required to pay 25% of any Excess Cost, and (ii) if subsequent to such repair, maintenance and replacement resulting in a payment of 50% of Excess Cost by Landlord, Tenant subsequently exercises its first option to extend the term pursuant to Section 2.2, then as a condition of exercise, Tenant must contemporaneously with sending notice thereof reimburse Landlord 25% of the Excess Cost. In the event that Tenant desires to exercise its second option to extend the term pursuant to Section 2.2, then as a condition of exercise Tenant must contemporaneously with sending notice thereof reimburse Landlord an additional 25% of any Excess Cost.
Appears in 1 contract
Repairs and Maintenance. (A) Lessee covenants Throughout the Lease Term, Tenant shall, at Tenant's sole cost and agrees to expense, keep and maintain the Premises and the building and all other improvements now or hereafter situated upon the Premises, in good ordergood, clean and safe condition and repair to a commercially reasonable standard, including, but not limited to, repairing any damage caused by Tenant or Tenant's Representatives and replacing any property so damaged by Tenant or Tenant's Representatives. Without limiting the generality of the foregoing, Tenant shall be solely responsible for maintaining, repairing and replacing (a) the structural and exterior portions, roof, roof membrane and covering material, foundations, and 15 exterior walls, (b) all mechanical systems, heating, ventilation and air conditioning systems, (c) all plumbing, electrical wiring and equipment, (d) all exterior and interior lighting (including, without limitation, light bulbs and/or ballasts), (e) all glass, windows, window frames, window casements, skylights, interior and exterior doors, door frames and door closers, (f) all roll-up doors, ramps and dock equipment, including, without limitation, dock bumpers, dock plates, dock seals, dock levelers and dock lights, (g) all tenant signage, (h) lifts for disabled persons, (i) sprinkler systems, fire protection systems and security systems, (j) all partitions, fixtures, equipment, interior painting, and interior walls and floors of the Leased Premises during and every part thereof. Landlord shall have no obligation whatsoever to keep, maintain, alter, remodel, improve, repair, replace, decorate or paint the term building or any improvements now or hereafter situated upon the Premises. It is the intention of the Leaseparties that Tenant and not Landlord shall have the full responsibility and obligation for the repair, or any renewal terms, replacement and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), building and other similar items.
(B) If Lessee refuses improvements now or neglects hereafter situated upon the Premises and, except as otherwise expressly provided herein, Tenant waives, to commence the full extent allowed by law, any right or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve remedy against Landlord based upon the safety and integrity condition of the Leased Premises, in which case no notice need be given), Lessor may cause building or any improvements now or hereafter situated upon the Premises or any failure by Landlord or Tenant to repair or maintain the building or any such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 1 contract
Sources: Lease Agreement (New Ico Global Communications Holdings LTD)
Repairs and Maintenance. (A) Lessee covenants 14.1.1 T enant’s Obligation. Tenant shall, commencing on the Execution Date and agrees to keep and maintain in good order, condition and repair throughout the interior and exterior remainder of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible forTerm, at its own expense, snow removalat no cost or expense to Landlord and in compliance with Applicable Laws, lawn maintenancedo the following (collectively, landscaping, maintenance of the parking lot (including parking lines, seal coating, “Maintenance and blacktop surfacing), and other similar items.Repair Work”):
(Ba) If Lessee refuses Perform all Maintenance and otherwise keep and maintain, or neglects cause to commence be kept and maintained, the Leased Premises and all Personal Property located within the Leased Premises in good working repair in accordance with the Operating Standard and in compliance with all Applicable Laws;
(b) Promptly make, or complete repairs promptly cause to be made, all necessary repairs, interior and adequatelyexterior, after prior written notice structural and non-structural, foreseen as required under Article 16(B) (except in cases of emergency well as unforeseen, to prevent waste or preserve the safety and integrity of the Leased Premises, including those which constitute Capital Repairs, to keep the Leased Premises clean, in which case no notice need be given)good working repair, Lessor may cause such repairs order and condition in accordance with the Operating Standard and in compliance with all Applicable Laws;
(c) Perform all alterations, upgrades, improvements, renovations or refurbishments to be madethe Leased Premises, but including Capital Repairs, necessary to keep the Leased Premises in a condition consistent with the standards of Comparable Recreational Properties;
(d) Provide, maintain and repair any water/sewer pipes, chilled water lines, electrical lines, gas pipes, conduits, mains and other utility transmission facilities necessary for Tenant’s operations from the Leased Premises as provided in Section 14.2. This Section 14.1 shall not be required apply to do soany damage or destruction by fire or other Casualty within the scope of Section 18.4 in the event Tenant is entitled to, and Lessee shall pay timely makes the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of election permitted under Section 18.4 to, terminate this Lease. If Lessee is Further, this Section 14.1 shall not then apply to any damage caused by any Condemnation Action within the scope of Section 20.1.1 in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein providedTenant is entitled to, Lessee further agrees and timely makes the election permitted under Section 20.1.1, to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsterminate this Lease.
Appears in 1 contract
Sources: Economic Development Agreement
Repairs and Maintenance. 139 Tenant acknowledges that Tenant has inspected the Leased Property prior to the Binding Agreement Date stated herein 140 and acknowledges that it is in a clean, fit, and habitable condition. Tenant acknowledges that all appliances (Aif present 141 on the Leased Property), including but not limited to the refrigerator, dishwasher, washer, dryer, garbage disposal, 142 heating system, air conditioning system, swimming pool equipment, plumbing, smoke detectors, septic systems, security 143 systems, gas logs, hot water heater, and light fixtures (including ceiling fans) Lessee covenants are operable as of the Binding Agreement 144 Date unless otherwise noted herein. Tenant’s taking possession of the Leased Property is evidence that the Leased 145 Property is in a clean, fit, and agrees habitable condition. 146 The following shall be kept in good working order and repair, normal wear and tear excepted, by either Landlord or 147 Tenant as follows [Check all that apply. The sections not marked shall not be part of this Lease Agreement.]: 148 TENANT LANDLORD TENANT LANDLORD 149 Fence □ □ Light Fixtures □ □ 150 Driveway □ □ Exterior walkways □ □ 151 Interior Walls □ □ Patio/Porch □ □ 152 Carpet/Flooring □ □ Landscaping/Yard □ □ 153 Swimming Pool □ □ Outbuildings □ □ Any item not mentioned herein but existing on the Leased Property (other than furniture, fixtures and personal property of Tenant) shall be maintained by Landlord during the Lease Term and any extensions or hold-overs thereof. Upon receipt of written notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair all defects in those facilities and systems that are the responsibility of Landlord to keep and maintain in good order, condition working order and repair. If Tenant does not perform its maintenance and repair obligations as set forth herein as promptly as conditions require in case of Emergency (as defined herein) or within fourteen (14) days after written notice by Landlord specifying the interior breach and exterior of requesting that Tenant remedy it within that period, Landlord may enter the Leased Premises during Property and cause the term work to be done in a workmanlike manner and submit an itemized ▇▇▇▇ for the cost of repairs to Tenant. Tenant shall pay said repair ▇▇▇▇ at the time that the next Rent payment is due. If Lease Agreement has been terminated, Tenant shall pay repair ▇▇▇▇ immediately. Tenant shall be responsible for the reasonable costs of any and all repairs made necessary by the negligence or willful misconduct of Tenant (including Tenant’s family members, agents, employees, contractors, licensees, invitees, guests, pets or anyone or anything else under the control of Tenant). In the event that Tenant does not promptly pay for any repairs and/or maintenance required under the Lease following termination of the Lease, Landlord may deduct that amount from the Security Deposit. Tenant agrees to immediately contact Landlord in the event that any malfunction or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance damage occurs to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereundersystems, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot plumbing (including parking lines, seal coating, and blacktop surfacinghot water heater), and other similar itemsseptic, electrical or roofing systems.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 1 contract
Sources: Residential Lease Agreement
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The the interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after upon not less than ten (10) days' prior written notice as required under Article 16(B) to Lessee (except in cases the event of a bona fide emergency to prevent where waste or preserve may occur on the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days upon demand. Notwithstanding the foregoing, if following demandLessee's receipt of such notice from Lessor, Lessee commences such repair and is diligently proceeding to complete such repair, Lessor may not make or complete such repair. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunderhereunder beyond the period allowed herein for cure following delivery of notice to Lessee, Lessee shall have the right to make repairs non- structural alterations and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed One Hundred Fifty Thousand Dollars ($50,000.00)150,000.00) in any twelve month period, provided such repairs alterations or improvements do not affect the structural integrity of the Leased Premises. Any repairs structural alterations or improvements in excess of One Hundred Fifty Thousand Dollars ($50,000.00150,000.00) in any twelve month period or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and permanent additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said necessary repairs, improvements, alterations or additions, or Lessee's failure to make said necessary repairs, improvementsexcept to the extent arising out of the negligence or intentional misconduct of Lessor, alterations or additionsits employees, agents and contractors.
Appears in 1 contract
Sources: Net Lease Agreement (Aei Income & Growth Fund 25 LLC)
Repairs and Maintenance. (A) Lessee covenants 17.1 Tenant, at its sole cost and agrees to expense, shall maintain and keep the Premises, all improvements thereon, and maintain all appurtenances thereto, including sidewalks, parking areas, curbs, roads, driveways, lighting standards, landscaping, sewers, water, gas and electrical distribution systems and facilities, drainage facilities, and all signs, both illuminated and non-illuminated that are now or hereafter on the Premises, in good order, condition and repair in a manner consistent with the interior Permitted Use. Tenant shall make all repairs, replacements and exterior improvements, including all structural, roof, HVAC, plumbing and electrical repairs, replacements and improvements required, and shall keep the same free and clear from all rubbish, debris, insects, rodents and other vermin and pests. Tenant shall, no later than January 31st of each calendar year during the Term, provide to Landlord a copy of the Leased budget for maintenance, repairs and replacements at the Premises for the preceding calendar year, as well as a detailed summary of the amounts actually expended by Tenant during such period for maintenance, repairs and replacements at the term Premises. During the Term of this Lease, and in addition to the maintenance contracts required by Section 15.2 of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible forTenant, at its own sole cost and expense, snow removalshall hire a reputable property and building manager with experience in managing first class office and laboratory properties, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects which shall be subject to commence or complete repairs promptly and adequately, after Landlord’s prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premisesconsent, in which case no notice need be given), Lessor may cause such repairs not to be madeunreasonably withheld, but shall not be required conditioned or delayed, to do so, manage the Building and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during Project in accordance with the term terms of this Lease, including this Article 17. If Lessee is In addition, Tenant shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. All repairs made by Tenant shall be at least equal in quality to the original work, and shall be made only by a licensed, bonded contractor approved in advance by Landlord; provided, however, that such contractor need not then in default hereunderbe bonded or approved by Landlord if the non-structural alterations, Lessee shall have the right to make repairs and repairs, additions or improvements to the Leased Premises without the consent of Lessor if such repairs and improvements be performed do not exceed Fifty Twenty-Five Thousand Dollars ($50,000.00)25,000) in value. Landlord may impose reasonable restrictions and requirements with respect to such repairs. Tenant shall not take or omit to take any action, provided such repairs the taking or improvements do not affect omission of which shall cause waste, damage or injury to the structural integrity of the Leased Premises. Any repairs Tenant shall Indemnify Landlord from and against any and all Claims (as defined below) arising from the failure of Tenant or improvements Tenant’s Agents to perform the covenants contained in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayedthis paragraph. All alterations and additions to the Leased Premises “Tenant’s Agents” shall be made in accordance with all applicable laws defined to include Tenant’s officers, employees, agents, contractors, invitees, customers and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionssubcontractors.
Appears in 1 contract
Sources: Lease (PMV Pharmaceuticals, Inc.)
Repairs and Maintenance. (Aa) Lessee covenants The Lessee, at its expense, shall be solely responsible for maintaining and agrees to keep keeping the Leased Premises and maintain all appurtenances and fixtures thereto in the reasonable opinion of the Lessor, in good orderand sufficient repair and in good working order when, condition where and repair so often as may be necessary, including such repairs as may be necessary by reason of ordinary wear and tear, painting the interior and exterior also including, without limit, all machinery, facilities, fixtures, doors, including sliding and overhead, plumbing apparatus, plate glass, windows, pipes, wiring, heating apparatus, air conditioning apparatus, floors, drains, electric tight fixtures, wiring and equipment, whether interior or exterior, it is also agreed and hereby acknowledged by the Lessee that the said maintenance and repairs shall, whenever and wherever necessary, including replacements and renewals, and that the same shall be done with due diligence and dispatch. PROVIDED, that the said obligations of the Lessee to repair, maintain, replace and renew as aforesaid shall not include and extend to damage by fire, lightning, tempest, explosion, acts of the Queen's enemies, act of God, or other event covered by the insurance referred to in Clause 6(a) of this Lease, and are subject to Clause 13 of this Lease. The Lessee further covenants that if the Lessee shall at any time fail to so maintain and make such repairs, renewals or replacements, the Lessor may do so or may cause another to do so in a good and workmanlike manner, and the cost thereof shall be for the account of the Lessee, and upon receipt by the Lessee of the Lessor's statement setting out the amount thereof, the Lessee shall pay to the Lessor such amount. For the purposes aforesaid, the Lessee shall permit the Lessor, its servants, agents, contractors, licensees and workmen, at all reasonable times, to enter upon the Leased Premises without liability to the Lessor for any loss or damage that may accrue to the Lessee by reason thereof, including without limiting, the business of the Lessee.
(b) The Lessee shall permit the Lessor, its agents, servants, contractors, licensees and workmen to enter from time to time upon the Leased Premises, or a any part thereof, at all reasonable times for the purpose of viewing and examining the condition and state of repair of the Leased Premises.
(c) At the expiration or sooner termination of this Lease, the Lessee shall deliver upon and surrender the Leased Premises during in good and sufficient repair, in the term reasonable opinion of the Lease, or any renewal termsLessor, and further agrees that the Lessee shall surrender to the Lessor shall be under no obligation to make any repairs or perform any maintenance to all the keys for the Leased Premises. Lessee covenants The Lessee's obligations to observe serve and agrees that it perform as aforesaid shall be responsible for all repairs, alterations, replacements, survive the expiration or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance sooner termination of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term terms of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 1 contract
Repairs and Maintenance. Landlord will, at its sole expense, maintain, repair and/or replace all structural elements of the roof, the slab, the structure of the Building and the exterior walls of the Building (Acollectively, the “Structural Maintenance Obligations”) Lessee covenants at a level similar to comparable buildings in the area. Landlord will maintain, repair and/or replace all portions of the Premises other than the Structural Maintenance Obligations and agrees Tenant Maintenance Obligations (defined below) at a level similar to keep comparable buildings in the area, and the costs thereof may be included as Operating Expenses as permitted by Section 3(b). Landlord will use commercially reasonable efforts not to interfere with ▇▇▇▇▇▇’s use of, or access to, the Premises during any repair and maintenance activities and will perform such work in a safe, good workmanlike manner, and in compliance with Legal Requirements. Tenant will, at its sole expense, maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease(excluding any building systems), or any renewal termsHVAC system(s) installed by Tenant, and further agrees that Lessor shall be under no obligation clean any exclusive parking areas (including snow and ice removal from such areas) (collectively, the “Tenant Maintenance Obligations”). If Landlord desires to make any repairs or perform any maintenance or repair activities that would interfere with Tenant’s operations or access to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) following requirements apply (except in cases the event of an emergency to prevent waste or preserve the safety and integrity that precludes compliance with one more of the Leased Premisesfollowing requirements, in which case case, Landlord will comply with the requirements to the extent possible): (a) no notice need be givensuch work may occur during the period between November 1 through January 15, or June 15 through July 31 (the “Holiday Season”), Lessor (b) Landlord will give Tenant not less than 30 days’ advance notice of such work, (c) such work may cause only occur during times reasonably approved by Tenant (and the parties agree it is reasonable for Tenant to require that such repairs to be madework occur outside of normal business hours), but shall (d) any such interruption or interference may not be required to do somore than 4 hours in length, and Lessee shall pay (e) in the cost thereof case of a power interruption, if requested by Tenant, Landlord will provide a source of back-up power for the Premises to Lessor within five allow Tenant to continue its normal business operations during such interruption (5) business days following demandand the fuel costs and other related charges may be included in Operating Expenses). It If Landlord is understood that Lessee shall pay all expenses and maintenance and repair during delayed in fulfilling its obligations under this Lease due to the term operation of this Lease. If Lessee is Section, Landlord will not then be in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out breach of or result from default under this Lease by reason thereof, and the undertaking or making time for Landlord’s performance will be extended for a reasonable period of said repairstime, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionstaking into account the provisions hereof.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. 137 Tenant acknowledges that Tenant has inspected the Leased Property prior to the Binding Agreement Date stated herein 138 and acknowledges that it is in a clean, fit, and habitable condition. Tenant acknowledges that all appliances (Aif present 139 on the Leased Property), including but not limited to the refrigerator, dishwasher, washer, dryer, garbage disposal, 140 heating system, air conditioning system, swimming pool equipment, plumbing, smoke detectors, septic systems, security 141 systems, gas logs, hot water heater, and light fixtures (including ceiling fans) Lessee covenants are operable as of the Binding Agreement 142 Date unless otherwise noted herein. Tenant’s taking possession of the Leased Property is evidence that the Leased 143 Property is in a clean, fit, and agrees habitable condition. 144 The following shall be kept in good working order and repair, normal wear and tear excepted, by either Landlord or 145 Tenant as follows [Check all that apply. The sections not marked shall not be part of this Lease Agreement.]: 146 TENANT LANDLORD TENANT LANDLORD 147 Fence □ □ Light Fixtures □ □ 148 Driveway □ □ Exterior walkways □ □ 149 Interior Walls □ □ Patio/Porch □ □ 150 TENANT LANDLORD TENANT LANDLORD 151 Carpet/Flooring □ □ Landscaping/Yard □ □ 152 Swimming Pool □ □ Outbuildings □ □ 153 Any item not mentioned herein but existing on the Leased Property (other than furniture, fixtures and personal property 154 of Tenant) shall be maintained by Landlord during the Lease Term and any extensions or hold-overs thereof. 155 Upon receipt of written notice from Tenant, Landlord shall, within a reasonable time period thereafter, repair all defects 156 in those facilities and systems that are the responsibility of Landlord to keep and maintain in good order, condition working order and repair. If 157 Tenant does not perform its maintenance and repair obligations as set forth herein as promptly as conditions require in 158 case of Emergency (as defined herein) or within fourteen (14) days after written notice by Landlord specifying the interior 159 breach and exterior of requesting that Tenant remedy it within that period, Landlord may enter the Leased Premises during Property and cause the term 160 work to be done in a workmanlike manner and submit an itemized ▇▇▇▇ for the cost of repairs to Tenant. Tenant shall pay 161 said repair ▇▇▇▇ at the time that the next Rent payment is due. If Lease Agreement has been terminated, Tenant shall pay 162 repair ▇▇▇▇ immediately. Tenant shall be responsible for the reasonable costs of any and all repairs made necessary by the 163 negligence or willful misconduct of Tenant (including Tenant’s family members, agents, employees, contractors, 164 licensees, invitees, guests, pets or anyone or anything else under the control of Tenant). In the event that Tenant does not 165 promptly pay for any repairs and/or maintenance required under the Lease following termination of the Lease, Landlord 166 may deduct that amount from the Security Deposit. Tenant agrees to immediately contact Landlord in the event that any 167 malfunction or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance damage occurs to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereundersystems, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot plumbing (including parking lines, seal coating, and blacktop surfacinghot water heater), and other similar items168 septic, electrical or roofing systems.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 1 contract
Sources: Residential Lease Agreement
Repairs and Maintenance. (A) Lessee covenants and agrees to keep 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; base Building plumbing; base Building fire sprinkler systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, the portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, and any supplemental HVAC exclusively serving the Premises shall not be part of the base Building HVAC and shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); elevators; and base Building electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC exclusively serving the Premises, and any other systems or equipment exclusively serving the Premises) and every part thereof in good order, condition and repair repair, and within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the interior and exterior expiration or sooner termination of the Leased Term, surrender the Premises during to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at ▇▇▇▇▇▇▇▇’s request and ▇▇▇▇▇▇’s sole cost and expense, remove all telephone and data systems, wiring and equipment installed by or on behalf of Tenant from the term Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the LeaseWork Letter.
18.3 Subject to Section 16.3 above, or Landlord shall not be liable for any renewal terms, and further agrees that Lessor shall be under no obligation failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Leased Premisesneed of such repairs or maintenance. Lessee covenants and agrees that it Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 If any excavation shall be responsible for all repairs, alterations, replacementsmade upon land adjacent to or under the Building, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to shall be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs authorized to be made, but Tenant shall not be required afford to do sothe person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall reasonably deem necessary or desirable to preserve and Lessee shall pay protect the cost thereof Building from injury or damage and to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses support the same by proper foundations, without any claim for damages or liability against Landlord and maintenance and repair during the term of without reducing or otherwise affecting Tenant’s obligations under this Lease. If Lessee is not then Landlord shall use commercially reasonable efforts to cause such work to be completed in default hereunder, Lessee shall have a manner that minimizes interference with ▇▇▇▇▇▇’s business operations within the right Premises.
18.5 This Article relates to make repairs and improvements to maintenance arising in the Leased Premises without the consent ordinary course of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity operation of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting Building and the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesProject. In the event of making such alterations as herein provideda casualty described in Article 24, Lessee further agrees Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to indemnify and save harmless Lessor from all expense, liens, claims or damages this Article shall be includible in Operating Expenses to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsextent permitted in this Lease.
Appears in 1 contract
Repairs and Maintenance. (A) Lessee covenants and agrees A. Subject to provisions of Paragraph 15, Lessor shall keep and maintain the roof, paving, structural elements, landscaping, irrigation, and exterior walls of the building in which the Premises are located in good orderorder and repair. Lessee shall reimburse Lessor for its proportionate share of said expenses within ten (10) days of Lessee's receipt of Lessor's invoice demanding payment. If, condition and repair the interior and exterior of the Leased Premises during the term of the Leasehowever, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. is required because of an act or omission of Lessee covenants and agrees that it shall be responsible for all repairsor its agents, alterations, replacementsemployees, or maintenance ofinvitees, including but Lessee shall pay to Lessor upon demand one hundred percent (100%) of the costs of such repair and maintenance.
B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and maintain the entire Premises and every part thereof, including, without limitation to or of: The interior and exterior portions of all doors; door checks and operators; limitation, the windows; , window frames, plate glass; , glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and partitions, and the electrical, plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating , lighting, heating, and air conditioning equipment; systems in good and any equipment owned by Lessor sanitary order, condition, and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessaryrepair. Lessee further agrees to be responsible forshall, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of for the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term duration of this Lease, retain a service company, approved by Lessor, to provide routine maintenance and repairs of the heating, ventilation, and air conditioning systems. If Should Lessee is not then fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in default hereunderaddition to all other remedies available hereunder or by law, and without waiving any alternative remedies, may make the same, and in that event, Lessee shall have reimburse Lessor as additional rent for the right cost of such maintenance or repairs on the next date upon which rent becomes due. Lessee hereby expressly waives the provision of Subsection 1 of Section 1932, and Sections 1941 and 1942 of the Civil Code of California and all rights to make repairs and improvements to at the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent expense of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made as provided in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making Section 1942 of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsCivil Code.
Appears in 1 contract
Sources: Lease (Numerical Technologies Inc)
Repairs and Maintenance. (Aa) Subject to subsection (b) below, Lessee covenants and agrees agrees, throughout the Lease Term, to keep and maintain the Leased Premises in good order, working condition and repair (reasonable wear and tear and Casualty (defined below) excepted), including, without limitation, all of the common areas, parking lot (including the snow removal and treatment of ice, and routing maintenance of the parking lot, excluding resurfacing and re-striping thereof), landscaping, and routine maintenance of the foundations, floors, exterior walls, roof and any other structural elements of the Building and the Leased Premises, and the interior and exterior of the Leased Premises. Unless otherwise stipulated herein, Landlord shall not be required to make any improvements to or repairs of any kind or character to the Leased Premises during the term of the Lease, or any renewal terms, Lease Term.
(b) Lessor agrees to repair and further agrees that Lessor shall be under no obligation to make any repairs or replace (but not perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunderroutine maintenance), as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking linesresurfacing, seal coatingre-striping, and blacktop surfacingreplacing as reasonably necessary), foundations, floors, exterior walls, roof and all other similar itemsstructural elements of the Building and the Leased Premises upon the request of Lessee. Any such item shall be deemed to require replacement if the cost to repair is estimated to be at least thirty percent (30%) of the replacement cost. Lessor’s costs for such repairs and replacements shall be reimbursed by Lessee pursuant to subsection (c) below, provided, however, that if the cost of any single improvement exceeds $25,000, such expense shall be amortized over the useful life of the improvement at an interest rate of eight percent (8%) and only the amortized cost of such improvement shall be included in CAM Costs each Lease Year. Lessee, may, at Lessee’s option, perform such repairs and replacements and receive reimbursement from Lessor of all costs incurred by Lessee in connection therewith within fifteen (15) days of Lessor’s receipt of Lessee’s invoice. Such reimbursement by Lessor shall not affect Lessee’s obligations to repay such amounts in accordance with subsection (c) below.
(Bc) If Lessee refuses shall pay to Lessor on the first day of each of the first ten (10) calendar months (January thru October) throughout the Lease Term an amount equal to one tenth of the annual Common Area Maintenance Costs (“CAM Costs”) for the Leased Premises. For purposes of this Lease, the CAM Costs for the Leased Premises shall mean (i) the real estate taxes and installments of special assessments which are payable for the Real Property, (ii) the cost of the “All Risk” property and liability insurance to be maintained by Lessor for the Leased Premises, and (iii) all reasonable costs relating to or neglects to commence incurred or complete repairs promptly paid by Lessor in connection with the operation, repair and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity maintenance of the Leased Premises, in which case no notice need be given).
(d) At Lessee’s request, Lessor may cause such repairs shall provide Lessee with supporting documentation for any element of the CAM Costs or any other charges passed through to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of under this Lease. If Lessee is not then in default hereunderIn addition, no more than once each year, Lessee and/or Lessee’s representatives shall have the right following reasonable notice to make repairs Lessor to inspect and improvements audit Lessor’s books and records pertaining to the Leased Premises without the consent of Lessor if such repairs CAM Costs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs any other charges passed through to Lessee under this Lease. Such inspection or improvements do not affect the structural integrity of audit shall take place at Lessor’s principal office for the Leased Premises. Any repairs In the event any such inspection or improvements in excess audit indicates that Lessee has overpaid any charges under this Lease, Lessor shall credit such overpayment to the next charges due Lessor under this Lease or refund to Lessee if for the final year. The provisions of Fifty Thousand Dollars this section shall survive termination or expiration of this Lease.
($50,000.00e) or affecting Prior to the structural integrity beginning of each calendar year, Lessor shall give Lessee notice of Lessor’s estimate of the CAM Costs for the Leased Premises may be done only with for the prior written consent upcoming calendar year. Within sixty (60) days after the end of Lessoreach calendar year, such consent not Lessor shall submit to be unreasonably withheld or delayed. All alterations and additions to Lessee a statement setting forth (i) the total amount of the CAM Costs for the Leased Premises shall be made in accordance with all applicable laws that were actually paid by Lessor during the preceding calendar year, (ii) the actual amount of CAM Costs which were paid by Lessee during such preceding calendar year, and shall remain (iii) the total amount of the actual CAM Costs which should have been paid by Lessee for the benefit preceding calendar year, such statement to provide such detail and supporting documentation reasonably requested by Lessee. Within thirty (30) days after the delivery of Lessorsuch statement (including any statement delivered after the expiration or termination of the Lease Term), except the party in whose favor there exists a difference, if any, between (x) Lessee’s CAM Costs for the Leased Premises (based on the costs actually incurred) for such calendar year, and (y) Lessee's moveable trade fixtures’s payments of estimated CAM Costs, shall pay the amount of such difference to the other. In the event case of making such alterations as herein providedany amount owed by Lessor hereunder prior to the expiration of the Lease Term, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out at its option make payment by issuance of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsa rent credit.
Appears in 1 contract
Sources: Sublease (Encore Capital Group Inc)
Repairs and Maintenance. (A) Lessee covenants LESSEE accepts the Premises in an "as is" condition as of the Possession Date of this lease. The LESSEE, during the lease term will make, at its own expense, all repairs, replacements, alterations and agrees to keep and maintain in good order, condition and repair improvements on the interior and exterior of the Leased Premises during which may be needed to maintain the term of the Leasesame in good condition and repair, or any renewal termsexcepting reasonable wear and tear, and further agrees that Lessor at its sole expense shall be under no obligation to make any repairs or perform any maintenance to keep and maintain the Leased PremisesPremises in a reasonably clean and orderly condition, free of accumulation of dirt and rubbish. Lessee covenants and agrees that it LESSEE shall be responsible for cleaning the windows of the Premises, and for all repairssweeping, alterationscleaning, replacementsand snow and ice removal on that portion of the sidewalks bordering the Premises, notwithstanding any other provisions herein. LESSEE shall also be responsible for the repair, replacement and reconstructing the glass windows and all exterior doors leading to the Premises, and the roof if damaged by LESSEE, its agents, or maintenance ofparties hired by LESSEE, including but without limitation to roof damage done while repairing or of: The interior and exterior portions replacing the HVAC systems. Without limiting the generality of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunderthe foregoing, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further the LESSEE agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible forthat it will make, at its own expense, snow removalall non-structural repairs, lawn maintenancemodifications and replacements which may be needed to maintain mechanical equipment, landscapingincluding but not limited to heating units, maintenance HVAC, plumbing, sprinkler systems, alarm systems, electrical, plate glass, machinery and equipment, in good condition and repair, excepting reasonable wear and tear, and to cause said mechanical equipment to comply with all laws and regulations, present and future, related thereto. Under no circumstances shall LESSEE, or any of its agents, employees or contractors enter upon the roof of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, building in which case no notice need be given)the Premises are a part, Lessor may cause such repairs or allow any third parties to be madeenter upon the roof, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within without five (5) business days following demandprior notice to LESSOR. It In emergency situations, LESSEE shall provide notice by telephone before entry upon the roof, but if that is understood that Lessee impossible, as soon thereafter as possible. LESSEE shall pay keep canopy lights lit during all expenses and maintenance and repair during hours of darkness (after sunset), including throughout the term of this Leasenight. If Lessee is not then in default hereunderDamage caused by third parties attempting to gain, Lessee shall have the right to make repairs and improvements or gaining, unlawful entry to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all repaired by LESSEE at LESSEE'S expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 1 contract
Repairs and Maintenance. (A) Lessee covenants The Tenant confirms that they have inspected the Leased Property prior to the Binding Agreement Date outlined in this agreement and agrees that the property is clean, fit, and suitable for habitation. The Tenant also acknowledges that all appliances and systems located on the property, including but not limited to keep the refrigerator, dishwasher, washer, dryer, garbage disposal, heating system, air conditioning system, swimming pool equipment, plumbing, smoke detectors, septic systems, security systems, gas logs, hot water heater, and maintain light fixtures (including ceiling fans), are in good orderworking order as of the Binding Agreement Date unless otherwise specified in this agreement. The Tenant's act of taking possession of the property further serves as confirmation that the property is clean, fit, and habitable. The following items shall be maintained in proper working condition and repair repaired, excluding normal wear and tear, by either the interior and exterior of Landlord or the Tenant as specified below. [Check all applicable options. Any unmarked sections will not be included in this Lease Agreement.]: 140 TENANT LANDLOR D TENAN T LANDLOR D 141 Fence □ □ Light Fixtures □ □ ▇▇▇ ▇▇▇▇▇▇▇▇ □ □ Exterior walkways □ □ 143 Interior Walls □ □ Patio/Porch □ □ 144 Carpet/Flooring □ □ Landscaping/Yard □ □ 145 Swimming Pool □ □ Outbuildings □ □ Any items not specifically mentioned in this agreement but present on the Leased Premises during Property, excluding furniture, fixtures, and the term Tenant's personal property, shall be maintained by the Landlord throughout the Lease Term and any extensions or holdovers. Upon receiving written notice from the Tenant, the Landlord shall repair all defects in the facilities and systems under their responsibility within a reasonable time. If the Tenant fails to fulfill their maintenance and repair obligations promptly in the event of an emergency (as defined herein) or within fourteen (14) days of receiving written notice from the LeaseLandlord specifying the issue and requesting remedy, the Landlord may enter the Leased Property, carry out the necessary work in a professional manner, and provide the Tenant with an itemized invoice for the repair costs. The Tenant must pay this invoice when the next Rent payment is due or immediately if the Lease Agreement has ended. The Tenant is responsible for reasonable repair costs resulting from their negligence or willful misconduct, including acts by their family, agents, employees, contractors, licensees, guests, pets, or any renewal termsother entity under their control. Should the Tenant fail to promptly pay for required repairs following Lease termination, and further the Landlord may deduct the amount from the Security Deposit. The Tenant agrees that Lessor shall be under no obligation to make notify the Landlord immediately in the event of any repairs malfunction or perform any maintenance damage to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance ofcritical systems, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunderconditioning, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot plumbing (including parking lines, seal coating, and blacktop surfacingthe hot water heater), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequatelyseptic, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additionselectrical, or Lessee's failure to make said repairs, improvements, alterations or additionsroofing systems.
Appears in 1 contract
Sources: Residential Lease Agreement
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises Premises, including all structures, the roof, the playground, and all other improvements, during the term Term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The limitation, interior and exterior portions of all doors; , door checks and operators; , windows; , plate glass; , plumbing; , water and sewage facilities; , fixtures; , electrical equipment; , interior walls; , ceilings; , signs; roof; structure; , interior building appliances and similar equipment; , heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to be replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
. Lessee, for itself, its successors, assignees, sublessee customers, and invitees hereby irrevocably waives any implied warranty of habitability or fitness for any purpose by Lessor or any other implied warranty by Lessor whatsoever as to the Premises. If after written notice and a 90 day cure period (B) If except in the event of emergencies), Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demandupon demand as additional rent under this Lease. It is understood that Lessee shall pay all expenses and maintenance and repair during the term Term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), 50,000 provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) 50,000 or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayedwithheld. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor. Lessee further agrees, except for Lessee's moveable trade fixtures. In in the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise arising out of or result resulting from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 1 contract
Sources: Net Lease Agreement (Aei Real Estate Fund 85-a LTD Partnership)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep 19.1 Landlord shall repair and maintain the structural and exterior portions and Common Area of Building 7 and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); base Building 7 HVAC systems up to the first damper or isolation valve that serves the Additional Premises (for purposes of clarity, the portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Additional Premises, and any supplemental HVAC serving the Additional Premises shall not be part of the base Building 7 HVAC and shall be Tenant’s obligation to maintain and repair pursuant to Section 19.2 below); elevators; and base Building 7 electrical systems installed or furnished by Landlord.
19.2 Except for services of Landlord, if any, required by Section 19.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Additional Premises (including but not limited to the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Additional Premises, any supplemental HVAC serving the Additional Premises, and any other systems or equipment exclusively serving the Additional Premises) and every part thereof in good order, condition and repair repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the interior and exterior expiration or sooner termination of the Leased Additional Premises during Term, surrender the term of Additional Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the LeaseAdditional Premises, and repair any damage to the Additional Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Additional Premises or any renewal terms, and further agrees that Lessor part thereof.
19.3 Landlord shall not be under no obligation liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Article unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Leased Premisesneed of such repairs or maintenance. Lessee covenants and agrees that it Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
19.4 If any excavation shall be responsible for all repairs, alterations, replacementsmade upon land adjacent to or under Building 7, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to shall be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs authorized to be made, but Tenant shall not be required afford to do sothe person causing or authorized to cause such excavation, license to enter the Additional Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and Lessee shall pay protect Building 7 from injury or damage and to support the cost thereof same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under the Lease.
19.5 This Article relates to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses repairs and maintenance arising in the ordinary course of operation of Building 7 and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesProject. In the event of making such alterations as herein provideda casualty described in Article 25, Lessee further agrees Article 25 shall apply in lieu of this Article. In the event of eminent domain, Article 26 shall apply in lieu of this Article.
19.6 Costs incurred by Landlord pursuant to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsthis Article shall constitute Operating Expenses.
Appears in 1 contract
Sources: Lease (Revance Therapeutics, Inc.)
Repairs and Maintenance. (A) Lessee covenants Tenant represents and agrees warrants to Landlord that it has had the opportunity to inspect the Leased Premises prior to the execution of this Lease and that the same are clean and in good repair. Tenant shall keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during in good order, condition and repair including, without limitation, (a) the term roof, down spouts, gutters, sidewalks, walls, plate glass of the Leasewindows and doors; (b) all mechanical, or any renewal termselectrical and heating and air conditioning systems (including but not limited to all duct work and transmission conduits), and further agrees that Lessor all plumbing pipes, fixtures and connections both in and under the Leased Premises; (c) all interior and exterior repairs of a structural nature or arising out of structural defect, of which plastered surfaces shall be under no obligation to make any repairs considered a part; (d) the parking area (which shall include without limitation, keeping such area repaired, clear and free of debris, lighted and striped); (e) the landscaping on the Leased Premises;
(f) all tubes and bulbs used in lighting in the Leased Premises; and
(g) all of Tenant's trade fixtures, equipment, furniture and other personal property placed in or perform any maintenance about the Leased Premises, regardless of whether or not permanently affixed to the Leased Premises. Lessee covenants and agrees that it Tenant shall be responsible for make all repairs, alterations, replacements, or maintenance of, including but without limitation repairs to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment improvements when necessary. Lessee further agrees Tenant shall keep and maintain all portions of the Leased Premises and other improvements in a clean and orderly condition. If Tenant fails to be responsible formake the repairs required of Tenant herein, or in the event of an emergency, Landlord may, at its own expenseoption, snow removal, lawn maintenance, landscaping, maintenance of make the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but event Tenant shall not be required to do so, and Lessee shall pay reimburse Landlord for the cost thereof to Lessor thereof, together with twenty percent (20%) of said cost for administrative fees, as additional rent hereunder within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsdemand therefor.
Appears in 1 contract
Sources: Lease Agreement (Palweb Corp)
Repairs and Maintenance. (Aa) Lessee covenants Except as hereinafter expressly provided in this paragraph 8(a), Tenant shall at its own cost and agrees to expense keep and maintain all parts of the Premises in good ordercondition (reasonable wear and tear and casualty damage excepted), condition promptly making all necessary repairs and repair the replacements, interior and exterior of the Leased Premises during the term of the Leaseexterior, or any renewal terms, ordinary and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance ofextraordinary, including but without limitation to or of: The interior not limited to, windows, glass and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water , doors, and sewage facilities; fixtures; electrical equipment; special office entries, interior walls; ceilings; signs; roof; structure; interior building appliances walls and similar equipment; heating finish work, floors and floor coverings, downspouts, gutters, heating, air conditioning equipment; and ventilation systems, dock boards, truck doors, dock bumpers, irrigation systems, paving, parking lot improvements, plumbing work and fixtures, pest extermination, exterior lighting fixtures, regular removal of trash and debris, regular mowing of any equipment owned by Lessor grass, trimming, weed removal, landscape replacement, general landscape maintenance, keeping the parking areas, driveways, alleys and leased to Lessee hereunder, as itemized on Exhibit B attached hereto the whole of the Premises in a clean and incorporated herein by reference; and further agrees to replace any of said equipment when necessarysanitary condition. Lessee further agrees to be responsible forLandlord shall, at its own cost and expense, snow removalkeep and maintain the roof, lawn foundation and structural portions of the Building in good condition (except in the event of casualty or other damage contemplated by paragraph 15 hereof). Tenant shall give immediate written notice to Landlord of the need for repairs, and Landlord shall proceed within a reasonable time AMENDMENT TO INDUSTRIAL Initial: after receiving such notice to make such repairs. Landlord’s liability hereunder shall be limited to the cost of such repairs, and Landlord shall not be liable for consequential damages. Tenant shall have no obligation to repair, maintain or contribute to Landlord’s expense of replacing, repairing or maintaining the roof, foundation or other structural portions of the Premises. Tenant’s maintenance obligations shall include any rail spur areas and any spur track serving the Premises if Tenant, at any time during the Lease Term, makes use of any rail spur track. In this regard, Tenant agrees to sign a joint maintenance agreement with the railroad company servicing the Premises, if requested by the railroad company. Tenant shall not be obligated to repair any damage caused by fire, tornado or other casualty covered by the insurance to be maintained by Landlord pursuant to the provisions of this Lease, except that Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage.
(b) In the event Tenant fails to perform or have performed the following services after written notice from Landlord and a ten (10) day opportunity to cure, Landlord reserves the right to perform or have performed the paving and landscape maintenance, landscape replacement, exterior painting, maintenance of exterior lighting fixtures, and the maintenance of the irrigation systems and common sewerage line plumbing which are otherwise Tenant’s obligations under paragraph 8(a) above and in such event, Tenant shall, in lieu of the obligations set forth under paragraph 8(a) above with respect to such items, be liable to Landlord for the reasonable cost and expense of same, including but not limited to, the reasonable cost for mowing of grass; care of shrubs; landscape replacement; general landscaping; maintenance (but not replacement) of parking areas, parking lot improvements, driveways and alleys; exterior repainting, maintenance of the parking lot (including parking lines, seal coating, exterior lighting fixtures and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity maintenance of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesirrigation systems. In the event Landlord is permitted by the terms of making this Lease and elects to perform or cause to be performed such alterations as herein providedwork, Lessee further agrees to indemnify Tenant shall pay when due such costs and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsexpenses.
Appears in 1 contract
Sources: Industrial Lease Agreement (Collegiate Pacific Inc)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and . Lessee further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises, but Lessor shall reimburse Lessee for such reasonable costs and expenses incurred by Lessee in complying with Lessee's obligations under this Article relating to repairs, replacements and maintenance if the need for the same is caused by the negligent acts or omissions of Lessor, its agents, contractors or employees, but only to the extent such costs and expenses are not covered by the insurance maintained by Lessee or would not be covered by the insurance required to be maintained by Lessee under this Lease (if Lessee shall have failed to maintain the same). Lessee covenants and agrees that during the term of the Lease it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B C attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees during the term of the Lease to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice and opportunity to cure as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunderhereunder beyond the expiration of applicable cure periods, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesProperty (defined below). In the event of making such alterations as herein provided, subject to Article 21, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, by or on behalf of Lessee, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 1 contract
Sources: Net Lease Agreement (Aei Income & Growth Fund Xxi LTD Partnership)
Repairs and Maintenance. (A) Lessee covenants and agrees 18.1 Subject to keep the limitations set forth in Section 16.9, Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler and life safety systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, the portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, and any supplemental HVAC serving the Premises, shall not be part of the base Building HVAC and shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); the Acid Neutralization Tank and associated monitoring system; elevators; and base Building electrical systems.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to the portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises and any supplemental HVAC serving the Premises, including but not limited to any supplemental HVAC serving Tenant’s vivarium), and every part thereof in good order, condition and repair repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests to the interior extent within Tenant’s possession or control or otherwise reasonably attainable by Tenant (during the Term, Tenant shall use diligent and exterior good faith efforts to ensure that all such records are within Tenant’s possession or control or otherwise reasonably attainable by Tenant). Tenant shall, upon the expiration or sooner termination of the Leased Term, surrender the Premises during to Landlord in as good a condition as existed when the term Tenant Improvements are finally completed by Landlord, ordinary wear and tear excepted, and with respect to Alterations, in substantially the same condition as existed on the date such Alterations are substantially completed by Tenant, ordinary wear and tear excepted; and Tenant shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Lease, Work Letter or Section 4.1.
18.3 Landlord shall not be liable for any renewal terms, and further agrees that Lessor shall be under no obligation failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Leased Premisesneed of such repairs or maintenance and Landlord is not diligently pursuing such repair(s). Lessee covenants and agrees that it Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 If any excavation shall be responsible for all repairs, alterations, replacementsmade upon land adjacent to or under the Building, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to shall be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs authorized to be made, but Tenant shall not afford, upon forty-eight (48) hours’ prior notice to Tenant (other than in the event of an emergency, when no prior notice shall be required required), to do sothe person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and Lessee shall pay protect the cost thereof Building from injury or damage and to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5 This Article relates to repairs and maintenance and repair during arising in the term ordinary course of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity operation of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting Building and the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesProject. In the event of making such alterations as herein provideda casualty described in Article 24, Lessee further agrees Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsthis Article shall constitute Operating Expenses.
Appears in 1 contract
Sources: Lease (Gritstone Oncology, Inc.)
Repairs and Maintenance. (A) Initially, Lessor agrees to replace any glass broken prior to the start of the Lease Term, and to obliterate any graffiti on the exterior walls of the Leased Premises. Thereafter, Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B B, if any, attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary, and said replacements shall become the property of Lessor. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following upon demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Ten Thousand Dollars ($50,000.0010,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Ten Thousand Dollars ($50,000.0010,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 1 contract
Sources: Net Lease Agreement (Aei Real Estate Fund Xviii Limited Partnership)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, subject to ordinary wear and tear, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B C, if any, attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Ten Thousand Dollars ($50,000.0010,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Ten Thousand Dollars ($50,000.0010,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 1 contract
Sources: Net Lease Agreement (Aei Net Lease Income & Growth Fund Xix Limited Partnership)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order3.1 Landlord shall, condition and repair the interior and exterior of the Leased Premises during throughout the term of this Lease and at no expense to Tenant, take good care of the Lease, Premises and shall not do or suffer any renewal termswaste with respect thereto, and further agrees that Lessor Landlord shall be under no obligation to promptly make any all nonstructural repairs or perform any maintenance to the Leased Premises. Lessee covenants Premises of every kind and agrees that it shall be responsible for all repairsnature, alterationsordinary as well as extraordinary, replacementsforeseen as well as unforeseen, whether necessitated by wear, tear, obsolescence or maintenance ofdefects, latent or otherwise, necessary to keep the Premises in good order and condition, including but without limitation all necessary maintenance, repairs and replacements to or ofthe following: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; floor coverings; ceilings; signsplumbing; roofelectrical; structure; interior building appliances and similar equipment; heating heating, ventilating, and air conditioning equipmentsystems; well and septic systems; lighting fixtures and tubes; exterior and interior painting; and any equipment owned by Lessor and leased to Lessee hereundersigns. When used in this Section, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment the term “repairs” shall include replacements, restorations and/or renewals when necessary.
3.2 Landlord shall keep in good repair and maintain at its expense all structural components of the building located on the Premises, including, but not limited to, the foundation, roof and structural walls. Lessee further agrees All repairs made by Landlord shall be substantially equal in quality and workmanship to the original work.
3.3 In the event the building located on the Premises or a portion thereof shall be rendered unusable due to the Landlord ‘s default or negligence with respect to repairs required to be responsible formade by Landlord, at its own expense, snow removal, lawn maintenance, landscaping, maintenance there shall be a just and equitable abatement of the parking lot (including parking lines, seal coating, Rent and blacktop surfacing), and all other similar itemscharges payable under this Lease until said building shall be made usable.
3.4 If Landlord fails after thirty (B30) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior days written notice as required under Article 16(B) (except in cases case of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor event the Tenant may cause such take immediate action) to proceed with due diligence to make repairs required to be mademade by Landlord, but shall not the same may be required to do somade by Tenant, at the expense of Landlord, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee Tenant shall have the right to offset the cost of said repairs against the Rent installments required herein, subject to Landlord’s right to examine Tenant’s records with respect to such expenses.
3.5 In the event Tenant desires to make repairs and any changes, alterations or improvements to the Leased Premises, Tenant shall first obtain Landlord’s approval in accordance with the provisions of this Lease.
(a) For any improvements approved by Landlord, Landlord, in its sole discretion and for any reason, shall have the right to order Tenant to terminate any construction work being performed by or on behalf of Tenant in the Premises without at any time during this Lease. Upon notification from Landlord to Tenant to cease any such work, Tenant shall forthwith remove from the Premises all agents, employees and contractors of Tenant performing such work until such time as Landlord shall have given its consent for the resumption of Lessor if such repairs construction work and improvements do Tenant shall have no claim for damages of any nature whatsoever against Landlord in connection therewith. If Tenant enters the Premises pursuant to this paragraph, then Tenant shall indemnify, protect and hold Landlord harmless of and from any damages or liability to person or property so entering upon the Premises at such time and shall, upon written request, provide evidence of all insurance required hereunder.
(b) The approval by Landlord of any plans and specifications submitted by or on behalf of Tenant, or any changes thereto, shall not exceed Fifty Thousand Dollars ($50,000.00)constitute the assumption of any liability on the part of Landlord for the compliance or conformity with applicable building codes and the requirements of this Lease or for their accuracy, provided and Tenant shall be solely responsible for such repairs or improvements do not affect plans and specifications. In addition, the structural integrity approval by Landlord of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity plans and specifications shall not constitute a waiver by Landlord of the Leased Premises may be done only with right to thereafter require Tenant to amend the same to provide for any corrections or omissions by Tenant of items required by building codes of this Lease which are later discovered by Landlord.
(c) No construction, improvements, alterations or installations in or around the Premises, including, but not limited to, construction or installation of signage, bars, gates, storefronts, canopies, shutters, security devices, or interior improvements is permitted without Landlord’s written approval prior written consent to commencement of Lessor, such consent not to be unreasonably withheld or delayedthe work. All alterations such work shall be performed: (i) at the sole cost of Tenant; (ii) by contractors, subcontractors and additions workmen approved in writing by Landlord; (iii) in a good and workmanlike manner; (iv) in accordance with drawings and specifications pre-approved in writing by Landlord: (v) in accordance with all applicable laws; (vi) subject to the reasonable regulations, supervision, control and inspection of Landlord which Landlord may perform at its discretion, or not at all; and (vii) subject to such indemnification against liens and expenses as Landlord reasonably requires. All fixtures or other equipment installed in the Leased Premises shall be made in accordance new or completely refurbished. Tenant shall require any contractor or subcontractor to remove and dispose of, at least twice a week, all debris and rubbish caused by the work and upon completion to remove all temporary structures, debris and rubbish of whatever kind remaining on any part of the Property. Tenant shall pay for any utility charges associated with all applicable laws the Premises during and shall remain for after construction of the benefit Premises. If any work would affect the structure of Lessorthe Property or any of the electrical, except for Lessee's moveable trade fixturesplumbing, fire sprinkler, mechanical, heating, ventilating or air conditioning systems or other base building systems, Landlord shall, at the option of Landlord, but not the obligation of Landlord, perform such work at Tenant’s cost. In such cases, Tenant shall be required to pay Landlord upon demand, as additional rent, an amount equal to the event costs of making Landlord performing such alterations as herein providedwork, Lessee further agrees together with an administration fee equal to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out fifteen percent (15%) of or result from the undertaking or making of said repairs, improvementssuch costs.
(d) In connection with any changes, alterations or additionsimprovements to the Premises, Tenant shall be solely responsible to procure and pay for the building permits, certificates of occupancy, impact fees, licenses and other governmental approvals required to occupy the Premises and operate its business.
(e) Tenant and Tenant’s contractors and subcontractors shall be required to provide, in addition to the insurance required to be maintained by Tenant hereunder, the following types of insurance in the following minimum amounts naming Landlord and any other persons having an interest in the Property as additional insureds as their interests may appear, issued by companies approved by Landlord:
(1) Worker’s Compensation coverage with limits no less than required by applicable law.
(2) Builder risk-completed value fire and extended coverage covering damage to the construction and improvements to be made by Tenant in amounts at least equal to the estimated complete cost of the construction and improvements with one hundred percent (100%) coinsurance protection.
(3) General liability coverage including automobile liability coverage with bodily injury limits of at least one million dollars ($1,000,000.00) per person, one million dollars ($1,000,000.00) per accident and one million dollars ($1,000,000.00) per accident for property damage. Original or Lessee's failure duplicate policies for all of the insurance required by the Lease shall be delivered to make said repairs, improvements, alterations or additionsLandlord before any contractor’s equipment is moved to any part of the Property.
Appears in 1 contract
Sources: Lease Agreement (Medical Solutions Management Inc.)
Repairs and Maintenance. (A) Section 10.01 Throughout the Demised Term, Lessee covenants shall, without any cost or expense to Lessor, take good care of and agrees to keep and maintain in good order, condition order and repair the interior and exterior of the Leased Premises during the term of the Leaserepair, or any renewal termscause the same to be done, inside and out the Demised Premises, including all buildings and structures which are now or shall hereafter be constructed on, below, above or appurtenant to the Demised Premises, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacementsadditions and improvements therein or thereto, or maintenance ofand the roofs and foundations thereof, and all fixtures and appurtenances therein and thereto, and all equipment thereof, including but without limitation not limited to, all boilers, elevators, machinery, pipes, plumbing, wiring, gas, steam and electrical fittings, sidewalks, vaults, water, sewer and gas connections, heating equipment, air-conditioning equipment and machinery, and all other fixtures, machinery and equipment installed and owned by Lessee now or hereafter belonging to or of: The interior connected with the Demised Premises or used in their operation; make all repairs inside and exterior portions outside, ordinary and extraordinary, structural or otherwise, necessary to preserve the Demised Premises and the said buildings and improvements in good order and condition, which repairs shall be in quality and class at least equal to the original work; promptly pay or cause the payment of the expense of such repairs; suffer no waste or injury; keep the sidewalk, driveways, entrances and exits, curb and parking areas in good repair and reasonably free from snow, ice, dirt and rubbish; maintain and replace all doorslandscaping, parking and other outside areas comprising the Demised Premises; door checks give prompt notice to Lessor of any fire that may occur; make repairs and operatorsimprovements to such buildings and structures and to restore the same after damage or destruction by fire or other casualty and risk or by partial condemnation; windows; plate glass; plumbing; water comply with all orders and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances requirements of any governmental authority applicable to such buildings and similar equipment; heating structures and air conditioning equipmentoutside areas and to any occupation thereof; and any equipment owned repair at or before the end of the Demised Term, all injury done by Lessor the installation or removal of furniture, trade fixtures and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessaryproperty. Lessee further agrees to be responsible forreturn the Demised Premises to the Lessor, at its own expense, snow removal, lawn maintenance, landscaping, maintenance the end of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased PremisesDemised Term, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessorsubstantially as good condition as when received, except for Lessee's moveable trade fixturesusual and ordinary wear and tear. In However, in no event will Lessee be responsible for the event replacement of making the roof after the Demised Term.
Section 10.02 Lessee shall be responsible for the total operating costs incurred in operating the improvements on the Demised Premises and the costs of all maintenance and repairs, including, but not limited to, the costs and expenses incurred for maintenance, repairs, janitorial services, utilities, removal of snow, trash, rubbish, garbage and other refuse, supplies, depreciation on the machinery and equipment used in such alterations maintenance and repairs, the cost of personnel to implement such services, maintenance and repairs, to direct parking and to police the Demised Premises.
Section 10.03 When used in this Lease, the term "repairs" as herein provided, Lessee further agrees applied to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairsbuildings, improvements, alterations structures or additionsequipment shall include replacements, or Lessee's failure to make said repairsrestoration and/or renewals when necessary, improvements, alterations or additionsas well as painting and decorating.
Appears in 1 contract
Sources: Lease Agreement (Vari L Co Inc)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after receipt of five (5 ) days prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following receipt of written demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesTrade Fixtures. The term ATrade Fixtures" shall not include oven hoods, Walk-in coolers or freezers, or the Leased Premises exterior lighting, which shall be owned by Lessor and leased from Lessor by Lessee according to the terms hereof, but the term shall otherwise mean all other Trade Fixtures, equipment, supplies, books, records, or other personalty, including but not limited to those items set forth on Exhibit C attached hereto (hereinafter referred to as ATrade Fixtures@ or APersonalty@) placed on the Leased Premises by Lessee. Lessor shall execute any instrument that any lien holder or party with a security interest in Lessee=s Trade Fixtures may request acknowledging that (a) the Lessee has a right to install such Personalty on the Leased Premises; (b) the lien holder or secured party may maintain an interest in the Personalty superior to any interest in the same by Lessor; and (c) such lien holder or secured party shall have the right to remove any and all such Personalty in the event of a default in any instrument establishing such lien or security interest, subject to 10 days advance notice to Lessor and making reasonable repairs to the Leased Premises for any injury caused to the Leased Premises caused by the removal of the Personalty, except diminution in value caused by the absence of the Personalty, nor shall the lien holder or secured party have to replace the Personalty. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 1 contract
Sources: Net Lease Agreement (Aei Income & Growth Fund Xxii LTD Partnership)
Repairs and Maintenance. (Aa) Lessee covenants and agrees to Tenant shall, at Tenant's sole expense, keep and maintain the Premises, including without limitation, interior walls, heating, ventilation and air conditioning systems, operating systems, sidewalks, parking lots, fire sprinklers, alarms, all windows (interior and exterior), window frames, plate glass and glazing, truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), interior surfaces of the Premises, store fronts, down mechanisms, latches, locks, skylights (if any), fire extinguishing systems and equipment, and all other interior improvements of any nature whatsoever, all exterior improvements including but not limited to sidewalks, driveways, parking lots, landscaping areas, sprinkler systems, lighting, signs, fountains, waterways, drains and landscaping that are part of or adjoin the Premises in good order, and clean condition and repair, including without limitation replacements as needed thereof, and to deliver to Landlord physical possession of the Premises at the termination of this Lease or any sooner expiration thereof, in good condition and repair, reasonable wear and tear excepted. All repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality. If the work affects the structural elements of the Premises or if the estimated cost of any item of repair or replacement is in excess of Five Thousand Dollars ($5,000.00), Tenant shall first obtain Landlord's written approval of the scope of the work, the plans for the work, the materials to be used, and the contractor hired to perform the work. In the event any of the above maintenance responsibilities jointly apply to Tenant and other tenant(s) of Landlord where there is common usage with other tenant(s), such maintenance responsibilities and charges shall be performed by Landlord and Tenant shall reimburse Landlord as additional rent the cost of such maintenance responsibilities and charges as allocated to the Premises by square footage or other equitable basis as calculated and determined by Landlord. In the event that any repair or replacement shall be of a capital nature, Landlord agrees to pay fo▇ ▇▇▇▇ ▇epair or replacement provided that Tenant shall reimburse Landlord, as Operating Expenses, a portion of the cost of such repair or replacement based upon the amortization of such repair or replacement over such item's useful life as determined under generally accepted accounting standards. In the event that the repair or replacement of such item benefits other tenants in the Building, such amortization shall be shared on a pro-rata basis with such other tenant(s) on a basis reasonably determined by Landlord.
(b) Tenant shall maintain continuously throughout the term of the Lease a service contract for the washing of all windows, both interior and exterior surfaces, in the Premises; the contract should provide for the periodic washing of the Leased Premises all windows at least once every ninety (90) days during the term of the LeaseLease (the "Window Washing Contract").
(c) Tenant shall maintain continuously throughout the term of the Lease a service contract for the maintenance of all heating, or any renewal termsair conditioning, and further agrees that Lessor ventilation equipment with a licensed repair and maintenance contractor approved by Landlord; the contract should provide for periodic inspections and servicing of the heating, air conditioning, and ventilation equipment at least once every ninety (90) days during the term of the Lease (the "HVAC Contract").
(d) Tenant shall be under no obligation maintain continuously throughout the term of the Lease a service contract for the monitoring of fire sprinklers and alarms located on or about the Premises with a licensed service, which contract shall, inter alia, provide for the periodic testing and if necessary replacement of the fire sprinklers and alarms located on or about the Premises (the "Life Safety Contract").
(e) Within ten (10) days of the Delivery Date, Tenant shall provide copies of the Window Washing Contract, the HVAC Contract and the Life Safety Contract to Landlord.
(f) If at any time during the Term, including renewals or extensions thereof, Tenant fails to maintain the Premises, make any repairs or replacements as required by this Section or maintain service contracts required by this Section, Landlord shall have the right to, but shall not be required to, enter the Premises and perform the maintenance or make the repairs or replacements or enter into appropriate service contracts, as the case may be, all for the account of Tenant and any sums expended by Landlord in so doing, together with interest at the lesser of ten percent (10%) per annum or the highest rate allowed by law, shall be deemed additional rent and shall be immediately due from Tenant on demand of Landlord.
(g) Tenant waives the provisions of Civil Code ss.ss. 1941 and 1942 and ▇▇▇ ▇ther law that would require Landlord to maintain the Premises in a tenantable condition or would provide Tenant with the right to make repairs and deduct the cost of those repairs from the rent.
(h) Landlord shall, at its sole expense, maintain and, as necessary, repair the Building foundation, the exterior walls, the roof, the roof membrane and other structural elements of the Premises; provided however that Landlord shall not be responsible for any repairs to or maintenance to the Leased Premisesbuilding foundation, exterior walls or roof structure caused by or resulting from the actions of Tenant or any of Tenant's contractors, employees, licensees, invitees or agents. Lessee covenants and Tenant agrees that it shall be responsible for all repairsand shall promptly repair or replace, alterationsas necessary, replacementsany part or portion of the building foundation, the exterior walls and the roof structure of the Premises; which repair or maintenance of, including but without limitation to arises out of or of: The interior and exterior portions results from the actions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace Tenant or any of said equipment when necessary. Lessee further agrees to be responsible forTenant's contractors, at its own expenseemployees, snow removallicensees, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar itemsinvitees or agents.
(Bi) If Lessee refuses or neglects to commence or complete repairs promptly Landlord shall keep and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve maintain the safety and integrity exterior of the Leased Premises, Premises and all grounds and landscaping in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do sogood condition, and Lessee shall pay the cost thereof to Lessor within five repair (5collectively "Exterior Maintenance"). Within ten (10) business days following demand. It is understood that Lessee shall pay after receipt of an invoice from Landlord, Tenant shall, as additional rent, reimburse Landlord for all expenses and maintenance and repair during the term of this Lease. If Lessee is not then costs incurred by Landlord in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsExterior Maintenance.
Appears in 1 contract
Sources: Office Lease (Regan Holding Corp)
Repairs and Maintenance. (A) Lessee covenants and agrees A. Subject to provisions of paragraph 15, Lessor shall keep and maintain in good order, condition and repair the interior and exterior structural elements of the Leased Premises during including the term of the Leaseroof, or any renewal termsroof membrane, paving, floor slab, foundation, exterior walls, landscaping, irrigation and further agrees that elevators. Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all such repairs, alterations, replacements, alterations or maintenance of, including but without limitation improvements as Lessor deems reasonably necessary with respect to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, structural elements and Lessee shall pay to Lessor, within twenty (20) days of Lessor's invoice to Lessee therefor, Lessee's pro-rata share of such repairs, replacements, alterations or improvements. Notwithstanding the cost thereof to Lessor within five (5) business days following demand. It foregoing, if the reason for any repair, replacement, alteration or improvement is understood that caused by Lessee or arises because of a breach of Lessee's obligations under this Lease, then Lessee shall pay the proportionof the costs or expense attributable to Lessee's acts to remedy the same.
B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and maintain the entire Premises and every part thereof, including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all expenses door hardware, interior of the Premises, interior walls and partitions, and electrical, plumbing, lighting, heating, and air conditioning systems in good and sanitary order, condition, and repair. Lessee shall, at all times during the Lease term and at his expense, have in effect a service contract for the maintenance of the heating, ventilating, and air-conditioning (HVAC) equipment with an HVAC repair and maintenance contractor approved by Lessor which provides for periodic inspection and repair servicing at least once every three (3) months during the term hereof. Lessee shall further provide Lessor with a copy of this Leasesuch contract and all periodic service reports. If Should Lessee is not then fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in default hereunderaddition to all other remedies available hereunder or by law, and without waiving any alternative remedies, may make the same, and in that event, Lessee shall have reimburse Lessor as additional rent for the right cost of such maintenance or repairs on the next date upon which rent becomes due. Lessee hereby expressly waives the provision of Subsection 1 of Section 1932, and Sections 1941 and 1942 of the Civil Code of California and all rights to make repairs and improvements to at the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent expense of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made as provided in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making Section 942 of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsCivil Code.
Appears in 1 contract
Sources: Lease (Zamba Corp)
Repairs and Maintenance. (A) Lessee covenants and agrees A. Subject to provisions of paragraph 15, Lessor shall keep and maintain in good order, condition and repair the interior and exterior structural elements of the Leased Premises during including the term of the Leaseroof, or any renewal termsroof membrane, paving, floor slab, foundation, exterior walls, landscaping, irrigation and further agrees that elevators. Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all such repairs, alterations, replacements, alterations or maintenance of, including but without limitation improvements as Lessor deems reasonably necessary with respect to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, structural elements and Lessee shall pay the cost thereof to Lessor Lessor, within five (5) business ten days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor's invoice to Lessee therefor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturespro-rata share of such repairs, replacements, alterations or improvements. In the event that the cost of making any replacement or improvement exceeds $25,000 per occurrence, the amount in excess of $25,000 shall be amortized over the useful life of such alterations replacements or improvements. Lessee shall be obligated to pay its pro-rata share of such excess on a monthly basis, as herein providedAdditional Rent, or as long as the useful life coincides with the lease term. Notwithstanding the foregoing, if the reason for any repair, replacement, alteration or improvement is caused by Lessee or arises because of a breach of Lessee's obligations under this Lease, then Lessee shall pay 100% of the cost or expense to remedy the same.
B. Except as expressly provided in Subparagraph A above, Lessee further agrees to indemnify shall, at its sole cost, keep and save harmless Lessor from maintain the entire Premises and every part thereof, including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and partitions, and electrical, plumbing, lighting, heating, and air conditioning systems in good and sanitary order, condition, and repair. Lessee shall, at all times during the Lease term and at his expense, lienshave in effect a service contract for the maintenance of the heating, claims ventilating, and air-conditioning (HVAC) equipment with an HVAC repair and maintenance contractor approved by Lessor which provides for periodic inspection and servicing at least once every three (3) months during the term hereof. Lessee shall further provide Lessor with a copy of such contract and all periodic service reports. Should Lessee fail to maintain the Premises or damages make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in addition to either persons all other remedies available hereunder or property by law, and without waiving any alternative remedies, may make the same, and in that event, Lessee shall reimburse Lessor as additional rent for the cost of such maintenance or repairs on the Leased Premises next date upon which may arise out rent becomes due. Lessee hereby expressly waives the provision of or result from Subsection 1 of Section 1932, and Sections 1941 and 1942 of the undertaking or making Civil Code of California and all rights to make repairs at the expense of Lessor, as provided in Section 942 of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsCivil Code.
Appears in 1 contract
Sources: Lease (Segue Software Inc)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B B, if any, attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 1 contract
Sources: Net Lease Agreement (Aei Net Lease Income & Growth Fund Xx Limited Partnership)
Repairs and Maintenance. (A) Lessee covenants and agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premises. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after receipt of five (5 ) days prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following receipt of written demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements to the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixturesTrade Fixtures. The term "Trade Fixtures" shall not include oven hoods, Walk-in coolers or freezers, or the Leased Premises exterior lighting, which shall be owned by Lessor and leased from Lessor by Lessee according to the terms hereof, but the term shall otherwise mean all other Trade Fixtures, equipment, supplies, books, records, or other personalty, including but not limited to those items set forth on Exhibit C attached hereto (hereinafter referred to as "Trade Fixtures" or "Personalty") placed on the Leased Premises by Lessee. Lessor shall execute any instrument that any lien holder or party with a security interest in Lessee's Trade Fixtures may request acknowledging that (a) the Lessee has a right to install such Personalty on the Leased Premises; (b) the lien holder or secured party may maintain an interest in the Personalty superior to any interest in the same by Lessor; and (c) such lien holder or secured party shall have the right to remove any and all such Personalty in the event of a default in any instrument establishing such lien or security interest, subject to 10 days advance notice to Lessor and making reasonable repairs to the Leased Premises for any injury caused to the Leased Premises caused by the removal of the Personalty, except diminution in value caused by the absence of the Personalty, nor shall the lien holder or secured party have to replace the Personalty. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additions.
Appears in 1 contract
Sources: Net Lease Agreement (Aei Real Estate Fund 85-a LTD Partnership)
Repairs and Maintenance. (Aa) Lessee covenants and Tenant agrees to keep and maintain in good order, condition and repair the interior and exterior of the Leased Premises during the term in good order and condition including all maintenance, upkeep and cleaning. Tenant shall procure any licenses or permits mandated for Tenant's use of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance alteration to the Leased Premises. Lessee covenants Tenant shall also comply promptly with and agrees that it execute all rules, order, regulations and recommendations of the Board of Fire Underwriters, Rating Board and Landlord's insurance company with respect to the prevention of fires and the exposure of liability risks, and shall install and maintain all necessary safety appliances, but only to the extent such appliances are necessary because of Tenant's particular use of the Leased Premises.
(b) If either party hereto is required to do any act under this Paragraph 9, said party shall promptly comply and, if said party shall neglect to act with reasonable dispatch after such demand by the other party, then the party requesting said act shall be free to perform same and the party responsible for said act shall thereafter immediately pay to the other the reasonable cost of any such acts.
(c) Tenant shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions the replacement of all doors; door checks light bulbs and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of ballasts in the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar itemsLeased Premises.
(Bd) If Lessee refuses or neglects Nothing in this Section shall be construed to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premisesimpose upon Landlord, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term event of this Lease. If Lessee is not then in default hereunder, Lessee shall have the right to make repairs and improvements damage to the Leased Premises without caused by casualty any obligations other than those contained in Paragraph 12 below.
(e) Landlord shall, at its expense and subject to Section 4(g) hereof, furnish to Tenant the consent of Lessor if such repairs following services, utilities, supplies and improvements do not exceed Fifty Thousand Dollars facilities throughout the Lease Term:
($50,000.00), provided such repairs or improvements do not affect the structural integrity of i) access to the Leased PremisesPremises twenty-four (24) hours a day, seven (7) days a week;
(ii) passenger elevator service twenty-four(24) hours a day, seven (7) days a week;
(iii) (x) heat, ventilation and air conditioning ("HVAC") on business days from 8:00 A.M. to 8:00 P.M. and on Saturdays from 8:00 A.M. to 1:00 P.M. (hereafter "Business Hours") and, at Tenant's request, at all other times as hereinafter provided in this Article. Any repairs or improvements Landlord represents and warrants that during the Lease Term the Building's HVAC systems will have the capacity, flexibility and ability to maintain the Leased Premises in excess reasonably comfortable condition which, taking the average of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity temperatures in various sections of the Leased Premises may be done only with at various points in time, shall average not more than 76 degrees Fahrenheit during the prior written consent of Lessor, such consent summer months and not to be unreasonably withheld or delayed. All alterations and additions to less than 70 degrees Fahrenheit during the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionswinter months.
Appears in 1 contract
Sources: Lease Agreement (Electronic Retailing Systems International Inc)
Repairs and Maintenance. A. Subject to provisions of Paragraph 15, Lessor shall keep and maintain the roof, paving, structural elements, landscaping, irrigation, and exterior walls of the building in which the Premises are located in good order and repair. Lessee shall reimburse Lessor for its proportionate share of said expenses within ten (10) days of Lessee's receipt of Lessor's invoice demanding payment. If, however, any repairs or maintenance are required because of an act or omission of Lessee, or its agents, employees or invitees, Lessee shall pay to Lessor upon demand 100% of the costs of such repair or maintenance.
B. Except as expressly provided in Subparagraph (A) above, Lessee covenants and agrees to shall, at its sole cost, keep and maintain the entire Premises and every part thereof, including, without limitation, the windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and partitions, and the electrical, plumbing, lighting, heating and air conditioning systems in good and sanitary order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal terms, and further agrees that Lessor shall be under no obligation to make any repairs or perform any maintenance to the Leased Premisesrepair. Lessee covenants and agrees that it shall be responsible for all repairs, alterations, replacements, or maintenance of, including but without limitation to or of: The interior and exterior portions of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any of said equipment when necessary. Lessee further agrees to be responsible forshall, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of for the parking lot (including parking lines, seal coating, and blacktop surfacing), and other similar items.
(B) If Lessee refuses or neglects to commence or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases of emergency to prevent waste or preserve the safety and integrity of the Leased Premises, in which case no notice need be given), Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term duration of this Lease, retain a service company, approved by Lessor, to provide routine maintenance and repairs of the heating, ventilation, and air conditioning system. If Should Lessee is not then fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in default hereunderaddition to all other remedies available hereunder or by law, and without waiving any alternative remedies, may make the same, and in that event, Lessee shall have reimburse Lessor as additional rent for the right cost of such maintenance or repairs on the next date upon which rent becomes due. Lessee hereby expressly waives the provision of Sub-section 1 of Section 1932, and Sections 1941 and 1942 of the Civil Code of California and all rights to make repairs and improvements to at the Leased Premises without the consent of Lessor if such repairs and improvements do not exceed Fifty Thousand Dollars ($50,000.00), provided such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent expense of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made as provided in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making Section 1942 of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionsCivil Code. SEE PARAGRAPH 38 OF ADDENDUM ATTACHED HERETO AND MADE PART HEREOF.
Appears in 1 contract
Repairs and Maintenance. (A) Lessee Landlord covenants and agrees agrees, at its expense without reimbursement or contribution by Tenant, to keep keep, maintain, repair and maintain replace, if necessary, the foundations, the exterior, structural systems including, without limitation, the roof, roof covering (including interior ceiling if damaged by leakage) and load-bearing walls and floor slabs and exterior masonry walls in good order, condition and repair the interior and exterior of the Leased Premises during the term of the Lease, or any renewal termsrepair, and further agrees that Lessor Landlord shall be under no obligation to make any repairs or perform any maintenance to replace the Leased Premisessame as and when necessary. Lessee covenants and agrees that it Except for Landlord's obligations, Tenant shall be responsible for all repairsinterior maintenance and repairs in the Demised Premises which are required throughout the Term, alterationsincluding, replacementswithout limitation, all mechanical, plumbing and electrical repairs and maintenance which are required to fixtures or maintenance of, including but without limitation systems located wholly within the Demised Premises. In the event the Demised Premises become or are out of repair and not in good condition due to or of: The interior and exterior portions the failure of all doors; door checks and operators; windows; plate glass; plumbing; water and sewage facilities; fixtures; electrical equipment; interior walls; ceilings; signs; roof; structure; interior building appliances and similar equipment; heating and air conditioning equipment; and any equipment owned by Lessor and leased Landlord to Lessee hereunder, as itemized on Exhibit B attached hereto and incorporated herein by reference; and further agrees to replace any comply with the terms of said equipment when necessary. Lessee further agrees to be responsible for, at its own expense, snow removal, lawn maintenance, landscaping, maintenance of the parking lot (including parking lines, seal coatingthis Article 5, and blacktop surfacing), if such repairs are not completed within ten (10) days after Landlord has received written notice from Tenant of such state of disrepair or if such repairs cannot reasonably be completed within such ten (10) day period and other similar items.
(B) If Lessee refuses or neglects Landlord shall fail to commence such repairs within ten (10) days after notice and proceed diligently thereafter, then Tenant may prosecute such repairs itself and apply the cost of such repairs against the next maturing monthly installment or complete repairs promptly and adequately, after prior written notice as required under Article 16(B) (except in cases installments of emergency to prevent waste or preserve rent due hereunder. Notwithstanding the safety and integrity of the Leased Premisesforegoing, in which the case no notice need be given)of an emergency, Lessor may cause such repairs to be made, but shall not be required to do so, and Lessee shall pay the cost thereof to Lessor within five (5) business days following demand. It is understood that Lessee shall pay all expenses and maintenance and repair during the term of this Lease. If Lessee is not then in default hereunder, Lessee Tenant shall have the right to make immediately prosecute any and all necessary repairs and improvements shall deliver contemporaneous notification to Landlord of the Leased Premises without the consent of Lessor if such repairs emergency and improvements do not exceed Fifty Thousand Dollars ($50,000.00)related repairs, provided further that if contemporaneous notice is not practicable, as determined by Tenant in its sole judgment, then Tenant shall provide such repairs or improvements do not affect the structural integrity of the Leased Premises. Any repairs or improvements in excess of Fifty Thousand Dollars ($50,000.00) or affecting the structural integrity of the Leased Premises may be done only with the prior written consent of Lessor, such consent not to be unreasonably withheld or delayed. All alterations and additions to the Leased Premises shall be made in accordance with all applicable laws and shall remain for the benefit of Lessor, except for Lessee's moveable trade fixtures. In the event of making such alterations notice as herein provided, Lessee further agrees to indemnify and save harmless Lessor from all expense, liens, claims or damages to either persons or property or the Leased Premises which may arise out of or result from the undertaking or making of said repairs, improvements, alterations or additions, or Lessee's failure to make said repairs, improvements, alterations or additionssoon thereafter as reasonably practicable.
Appears in 1 contract