Common use of Repairs and Maintenance Clause in Contracts

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 3 contracts

Sources: Full Service Lease (Research Pharmaceutical Services, Inc.), Full Service Lease (Research Pharmaceutical Services, Inc.), Full Service Lease (Research Pharmaceutical Services, Inc.)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and through (ce) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary to keep and maintain such good order and condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). When used in this Article 1411, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant or Landlord shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 4 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 4 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 4 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(dArticle 11(d) as Additional Rent as provided in Article 6 4 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property Project in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Landlord shall maintain the entryway leading to the Premises in a well-lit and good condition and in a manner consistent with the common areas of other class A office buildings in the area. (f) Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 4 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (fg) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (gh) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 4 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 2 contracts

Sources: Lease (Actua Corp), Lease (Icg Group, Inc.)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, TenantSection 10.1 Landlord shall, at its sole cost Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and expense and throughout the Term of this Lease, shall keep and maintain structural floors that enclose the Premises in good order (excluding all doors, door frames, storefronts, windows and condition, free glass); provided that Tenant gives Landlord notice of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make necessity for such repairs. If requested by TenantNotwithstanding the foregoing, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) reimburse Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalksRent, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than within thirty (30) days after receipt of written notice from being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees. Section 10.2 If the Premises are sprinklered, Tenant specifying such failureshall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the repair and replacement of the sprinkler heads and pipes. If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or if such failure is Tenant’s Work requires the installation of a nature sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense. Section 10.3 Subject to require more than Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain in good condition and order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (“HVAC Units”), and electric conduits, lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any rooftop or exterior air conditioning equipment or HVAC Units serving only the Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5). Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for remedy all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors. Section 10.6 Landlord shall have no liability to Tenant, the Rent shall not be abated, and continues beyond Tenant shall not be deemed actually or constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the time reasonably necessary to cure (and Premises and/or the Real Property. Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the obligation conduct of ▇▇▇▇▇▇’s business in the Premises and damage to the Premises, Tenant’s Work and Tenant’s Property, but Landlord specified in such notice and deduct such expense from the Fixed Rentis not required to employ overtime labor or incur additional expenses.

Appears in 2 contracts

Sources: Retail Lease, Retail Lease

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, Landlord shall keep and maintain the Premises in good order and conditionrepair, free subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of accumulation the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Such maintenance shall be in a manner comparable to other buildings in Wildwood Office Park and shall include, without limitation, the "Maintenance Services", as defined below. Notwithstanding the foregoing obligation, the cost of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself any repairs or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs maintenance to the Premises within a reasonable time foregoing necessitated by the intentional acts or negligence of notice to Landlord. When used in this Article 14Tenant or its agents, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlordcontractors, throughout the Term of this Lease and at Landlord’s sole cost and expensesemployees, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systemsinvitees, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAClicensees, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditurestenants or assigns, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord within fifteen (d15) days after demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenantability and material repairs necessitated by damage caused by Landlord, throughout its agents or employees acting within the Term scope of this Lease, their agency or employment. The term Maintenance Services shall make all necessary repairs to include (i) maintaining the Building outside of the Premises and the common areas, including the roof, exterior walls, exterior portions of the Premises windows, exterior doors and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant roof of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped common areas, public corridors, stairs, elevators, storage rooms, restrooms, the heating, ventilating and other exterior improvements for air conditioning systems, electrical and plumbing systems of the Building; provided, howeverthe walks, that Landlord shall have no responsibility to make any repairs unless paving and until Landlord receives written notice landscaping surrounding the Building, (ii) grounds care, including, but not limited to, the sweeping of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep walks and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and maintenance of landscaping in an attractive manner, illumination, snow removal, deicing and lawn care, all consistent with the sidewalk entrances to the Building. grounds care of Wildwood Office Park, (fiii) Notwithstanding anything herein to the contrarygeneral maintenance, repairs to the Premisesincluding supervision, Building or Project inspections and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employeemanagement functions as typically carried out in Wildwood Office Park, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (giv) Landlord shall provide Tenant with janitorial extermination and pest control services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure Building (and Landlord has not undertaken procedures to cure the default within such thirty (30common areas herein) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.and

Appears in 2 contracts

Sources: Lease Agreement (TSW International Inc), Lease Agreement (Indus International)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) Tenant shall, throughout the Term and (c) of this Article, at Tenant, at its ’s sole cost and expense and throughout the Term of this Leaseexpense, shall keep and maintain the Premises in a neat and orderly condition; and, upon expiration of the Term, Tenant shall leave the Premises in good order and condition, free of accumulation of dirt ordinary wear and rubbishtear, damage by fire or other casualty alone excepted, and for that purpose and except as stated, Tenant will make all necessary repairs and replacements. Tenant shall have the option of replacing lightsnot permit any waste, ballasts, tubes, ceiling tiles, outlets and similar equipment itself damage or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs injury to the Premises within a reasonable time of notice to LandlordPremises. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness not use or permit the use of any portion of the Common Facilities for other than their intended use as reasonably specified by the Landlord from time to those originally used in constructing the Building and the Premisestime. (b) LandlordLandlord shall, throughout the Term of this Lease and at Landlord’s sole cost and expensesTerm, shall make all necessary repairs to the footings Common Facilities, structural elements of the Premises and foundations other improvements located on the Property and to maintain the structural steel columns plumbing, air conditioning and girders forming electrical systems, windows, floors, and all other items which constitute a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and are installed or furnished by the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the BuildingLandlord; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to Common Facilities of the Building Property and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow dirt and ice, rubbish and shall keep and maintain all landscaped areas within the Property in a neat and orderly condition. Tenant shall pay The expenses Landlord incurs in performing its Allocated Share of the cost of all work to be performed by Landlord pursuant to obligations under this Paragraph (e8(b) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited included in the Annual Operating Costs under Section 6(b) above. c) Notwithstanding the foregoing, repairs and replacements to the parking areas Premises and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to Property arising out of or caused by Tenant’s misuse of the Premises, Building by Tenant’s installation of alterations, additions, improvements, trade fixtures or Project and its appurtenant common areas made necessary equipment in or upon the Premises or by a any negligent or willful act or omission of Tenant or any employee, agent, contractor, contractor or invitee of Tenant shall be made at the Tenant’s sole cost and expense and Tenant shall pay Landlord the reasonable cost of Tenantany such repair or replacement, except as Additional Rent, upon demand, but only to the extent that the cost of such repair or replacement is not covered by insurance proceeds received required hereunder to be carried by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 2 contracts

Sources: Office Lease (Icon PLC /Adr/), Office Space Lease (Icon PLC /Adr/)

Repairs and Maintenance. (a) Except as specifically otherwise provided 10.1 The Landlord shall repair and maintain in subparagraphs (b) good order and (c) of this Article, Tenant, at its sole cost and expense and condition throughout the Term term of this Lease, shall keep the exterior and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside structure of the Premises and the common areasbuilding containing the Premises, including including, without limitation, the Premises' roof, wallswalls and foundation, all common areas and improvements in the Park, the plumbing, sewer and electrical lines and systems serving the Premises, and all parts of the heating, plumbing, electrical and heating, ventilation air conditioning systems within or serving the Premises installed or provided by Landlord or Landlord's contractor, and the Landlord shall make any repairs necessary to make all exterior portions doors and windows air and water tight and in a safe condition. 10.2 Throughout the term of this Lease the Tenant shall repair and maintain in good order and condition the entire interior of the Premises including all glass in windows, doors or skylights, all parts of the plumbing and electrical systems within or on the Premises, and the Buildinglighting fixtures within the Premises. Tenant, utility linesat Tenant's expense, equipment shall purchase and other utility facilities install all lamps (including, but not limited to, incandescent and fluorescent) and ballasts used in the Building, which serve more than one tenant of the Building, and Premises. The Tenant agrees to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost keep both sides of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped outside glass areas in a neat and orderly clean condition. Tenant shall pay its Allocated Share of , and to store all trash and garbage within the cost of all work to be performed Premises or in "dumpsters" or other receptacles located outside the Premises in a location designated by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services which dumpsters and other receptacles shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made provided at the sole cost and Tenant's expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines as set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.Paragraph 14.1

Appears in 2 contracts

Sources: Lease (Memry Corp), Lease (Memry Corp)

Repairs and Maintenance. (a) Except with respect to Landlord Repairs (as specifically otherwise provided in subparagraphs (b) and (c) of this Articledefined below), Tenant, at its sole cost and expense and throughout the Term of this LeaseTenant’s expense, shall keep and maintain the Premises in good order and condition including promptly making all repairs necessary to keep and maintain such in good order and condition. When used in this Lease, free of accumulation of dirt “repairs” shall include repairs and rubbishany reasonably necessary replacements. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise advising Landlord of Tenant’s desire to have Landlord make such repairs, in which case Tenant shall pay to Landlord for such repairs at Landlord’s then-standard rate. If requested by To the extent that Tenant requests that Landlord make any other repairs that are Tenant’s obligation to make under this Lease, Landlord shall may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense along with the Premises within a reasonable time Administrative Fee. If Tenant has been in default under this Lease, Landlord may elect to require that Tenant prepay the amount of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessarysuch repair. All repairs made by Landlord or Tenant shall utilize materials and equipment which that are at least equal in quality quality, number, and usefulness to those originally used in constructing the Building and the Premises. If either Tenant or Landlord (at Tenant’s request) installs and/or operates HVAC equipment (“Tenant’s Supplemental HVAC”) and/or any Alteration, Tenant, at Tenant’s expense, shall maintain Tenant’s Supplemental HVAC and/or Alteration in a clean and safe manner and in proper operating condition throughout the Term and, with respect to Tenant’s Supplemental HVAC, under a service contract with a firm and upon such terms as may be reasonably satisfactory to Landlord, including inspection and maintenance on at least a semiannual basis, and provide Landlord with a copy thereof. Within 5 days after Landlord’s request, Tenant shall provide Landlord with evidence that such contract is in place. All repairs to the Building and/or the Project made necessary by reason of the installation, maintenance, and operation of Tenant’s Supplemental HVAC and Alterations shall be Tenant’s expense. In the event of an emergency, such as a burst waterline or act of God, Landlord shall have the right to make repairs for which Tenant is responsible hereunder (at Tenant’s cost) without giving Tenant prior notice, but in such case Landlord shall provide notice to Tenant as soon as practicable thereafter, and Landlord shall take commercially reasonable steps to minimize the costs incurred. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expensesexpense (except to the extent such expenses are includable in Project Expenses), shall make all necessary repairs to to: (i) the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant elements of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for ; (ii) the roof of the Building; provided(iii) the HVAC, howeverplumbing, that Landlord shall have no responsibility to make any repairs unless elevators (if any), electric, fire protection and until Landlord receives written notice of fire alert systems within the need for such repair or Landlord has actual knowledge of Building core from the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant core to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free point of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs connection for service to the Premises, but specifically excluding Tenant’s Supplemental HVAC and Alterations; (iv) the Building exterior; and (v) the Common Areas (collectively, “Landlord Repairs”). Any provision of this Lease to the contrary notwithstanding, any repairs to the Project or Project and its appurtenant common areas any portion thereof made necessary by a the negligent or willful act or omission of Tenant or any employee, agent, contractorsubtenant, contractor or invitee of Tenant shall be made at Tenant’s expense, subject to the sole cost waivers set forth in Section 12(c). (c) The parties agree it is in their mutual best interest that the Building and expense Premises be operated and maintained in a manner that is environmentally responsible, fiscally prudent, and provides a safe and productive work environment. Accordingly, Tenant shall use commercially reasonable efforts to conduct its operations in the Building and within the Premises to: (1) minimize to the extent reasonably feasible: (i) direct and indirect energy consumption and greenhouse gas emissions; (ii) water consumption; (iii) the amount of Tenantmaterial entering the waste stream; and (iv) negative impacts upon the indoor air quality of the Building; and (2) permit the Building to maintain its LEED rating and an Energy Star label, to the extent applicable. Landlord shall use commercially reasonable efforts to operate and maintain the Common Areas of the Building to: (1) minimize to the extent reasonably feasible: (i) direct and indirect energy consumption and greenhouse gas emissions; (ii) water consumption; (iii) the amount of material entering the waste stream; and (iv) negative impacts upon the indoor air quality of the Building; and (2) permit the Building to maintain its LEED rating and an Energy Star label, to the extent applicable, the costs of which shall be included in Project Expenses (except to the extent of insurance proceeds received by Landlordotherwise not permitted). (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 2 contracts

Sources: Lease (Paratek Pharmaceuticals, Inc.), Lease (Paratek Pharmaceuticals, Inc.)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant9.1 Landlord, at its sole cost and expense and throughout the Term of this Leaseexpense, shall be responsible for the repair, maintenance and, if necessary, replacement of the structural elements, the roof structure, foundation and the structural integrity of floor slabs of Building 2, provided that Tenant shall pay for the cost of any such repairs to the extent occasioned by the negligent act, omission or willful misconduct of Tenant, its agents, employees, invitees, licensees or contractors, or by the construction of Tenant Improvements by Tenant, but only to the extent such cost is in excess of any proceeds received by Landlord from the insurance for Building 2 maintained by Landlord pursuant to Section 14.2. 9.2 Subject to reimbursement by Tenant as provided in Article 10 hereof, Landlord shall keep and maintain in good repair (including replacement as necessary), the roof covering and the exterior surfaces of the exterior walls and window frames of Building 2 (exclusive of doors, door frames, door checks and other entrances and windows), all Outdoor Areas (defined in Section 10.1) on Parcel 2, all Shared Areas (as defined in the Declaration) for the use of Parcel 2 and all systems (including sewer, gas, electrical and water lines) serving the Premises to the point of connection to Building 2. Tenant shall give Landlord prompt written notice of any damage to the Premises requiring repair by Landlord. 9.3 Except to the extent of Landlord's obligations provided in Sections 9.1 and 9.2 hereof, Tenant shall, at its expense, keep and maintain the Premises and every part thereof in good order order, condition and conditionrepair, free including, without limiting the generality of accumulation the foregoing, all equipment or facilities specifically serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire hose connections if within the Premises, fixtures, interior walls, interior surfaces of dirt exterior walls, ceilings, floors, windows, doors, plate glass, and rubbishskylights. Notwithstanding the foregoing, Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability not be required to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make any such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, extent occasioned by the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.willful

Appears in 2 contracts

Sources: Lease Agreement (Formfactor Inc), Lease Agreement (Formfactor Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, The Tenant, at its sole cost and expense and throughout the Term of this Leaseexpense, shall maintain, repair and replace as necessary, and keep, in a clean, safe and proper operating condition, the entire interior and, except as otherwise provided in Section 10(d), the exterior of the Premises, including but not limited to all windows, doors and glass, all machinery, equipment, lighting, sump pumps, grease traps, controls, mechanical, electrical, plumbing, inventory and appurtenances thereof used by or for the benefit of the Tenant. The Tenant shall be required to perform regular maintenance of the Geothermal System for the Premises, including heating, ventilating and air conditioning equipment and appurtenances thereof and any supplementation, replacement or upgrade approved pursuant to Section 9(b), and to include changing filters but not repairs or replacement of the Geothermal System existing as of the Effective Date or any part or component thereof, including any and all elements of the Geothermal System. The Tenant shall keep and maintain the Premises in good order and repair, and in a safe and clean condition, free of accumulation dirt, trash, pests, and in all respects in such manner as to comply with all applicable laws and regulations. Notwithstanding the foregoing, the City shall be responsible for the maintenance, repair and replacement of dirt pipes and rubbishequipment located below the concrete floor of the Premises, except for grease traps, and unless necessitated by the negligence or willful wrongful act or omission of Tenant, its agents, contractors, invitees or employees. The Tenant shall also maintain and keep, in a clean, safe and proper condition, the Adjoining Areas, and shall arrange for removal of ice and snow from the Adjoining Areas when reasonably necessary. Tenant shall have not take any action to interfere with, damage or destroy any of the option of replacing lightsCity’s bollards, ballastschains, tubes, ceiling tiles, outlets and similar equipment itself parking meters or it shall have signage located on or in the ability to advise Landlord of Adjoining Areas that are Tenant’s desire responsibility to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premisesmaintain. (b) Landlord, throughout At the Term of this Lease and at LandlordTenant’s sole cost and expensesexpense, Tenant shall make enter into and maintain during the entire Term and any Renewal Term service contracts with reputable third-party contractors licensed and insured to maintain and monitor all necessary repairs mechanical, electrical, plumbing, HVAC, and other systems and equipment at the Premises for which Tenant is responsible as provided by Section 10(a), including but not limited to Building operating systems and equipment, as described in Section 10(a). All such service contracts and contractors must (i) comply with all applicable manufacturer’s recommendations, (ii) be terminable without penalty upon thirty (30) calendar days prior Notice, and (iii) be approved by the City prior to the footings and foundations and Tenant entering into the structural steel columns and girders forming a part of the Premisesservice contracts, which approval shall not be unreasonably withheld. (c) Landlord The Tenant, at its sole cost and expense, shall maintain all HVAC systemstake commercially reasonable precautions and measures to protect the Premises, plumbing and electric systems serving including the Building and any personal property therein, from flooding (collectively, “Flood Measures”) prior to an impending weather event reasonably expected to have flooding potential. Tenant shall coordinate with the Premises. Tenant’s Allocated Share City and its staff on other protective measures to be taken, except that Tenant may not make any physical alteration to the Building without the prior written approval of Landlord’s cost for HVACthe City, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, which shall not be included as a portion of Recognized Expenses as provided in Article 6 hereofunreasonably withheld. (d) LandlordThe City shall (i) maintain, throughout the Term of this Leaserepair, shall make all necessary repairs to the Building outside of the Premises replace and the common areas, including renew the roof, foundation, exterior walls, exterior portions of the Premises and the Buildingsprinkler, utility lines, equipment fire suppression and other utility facilities in the Building, which serve more than one tenant fire alarm systems (including any approved or required fire systems installed pursuant to Section 11) of the Building, as and when reasonably required; (ii) shall repair, replace and remotely monitor the Geothermal System (except for such any supplementation, replacements or upgrades to any drivewaysthe Geothermal System installed by Tenant pursuant to Section 9(b) of this Lease), sidewalksas and when reasonably required; and (iii) shall make all other capital improvements to the Property for which the Tenant is not responsible to make pursuant to Section 10(a) and (b) above (the “Capital Repairs”), curbs, loading, parking and landscaped areasprovided that the Tenant promptly shall give the City Notice of the necessity for such repairs, and other exterior improvements for further provided that the Building; provideddamage thereto shall not have been caused by the Tenant, howeverits agents, contractors, invitees or employees, in which event the Tenant shall be responsible therefore and shall promptly repair such damage at its sole cost and expense pursuant to Section 25. Capital Repairs that Landlord are the responsibility of Tenant to undertake and that the Tenant does not undertake after Notice from the City in accordance with Section 15(a) shall have no responsibility be undertaken by the City and invoiced to make any repairs unless and until Landlord receives written notice the Tenant as Additional Rent. As used in this sub-section (d), a capital improvement means the addition of a permanent structural change or the restoration of some aspect of the need for such repair Property that will enhance its overall value, increase its useful life or Landlord has actual knowledge of the need adapt it to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereofa new use. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent Except as provided in Article 6 hereof. Landlord’s this Lease, the City shall have no obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to or liability for repair or maintenance of the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employeepart thereof, agentnor shall the City be under any liability to repair, contractormaintain or replace any electrical, plumbing, heating, air conditioning or other mechanical installation, nor shall the City be obligated to make any improvements of any kind upon the Premises, or invitee to make any repairs, replacements or improvements to any equipment, facilities or fixtures contained therein, all of Tenant which shall be made at the sole cost and expense responsibility of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant and shall pay its Allocated Share of the cost thereof as Additional Rent be performed as provided in Article 6 hereofby Sections 10 and 11. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 2 contracts

Sources: Lease Agreement, Market House Lease Agreement

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant9.1 Landlord, at its sole cost and expense and throughout the Term of this Leaseexpense, shall be responsible for the repair, maintenance and, if necessary, replacement of the structural elements, the roof structure, foundation and the structural integrity of floor slabs of Building 3, provided that Tenant shall pay for the cost of any such repairs to the extent occasioned by the negligent act, omission or willful misconduct of Tenant, its agents, employees, invitees, licensees or contractors, or by the construction of Tenant Improvements by Tenant, but only to the extent such cost is in excess of any proceeds received by Landlord from the insurance for Building 3 maintained by Landlord pursuant to Section 14.2. 9.2 Subject to reimbursement by Tenant as provided in Article 10 hereof, Landlord shall keep and maintain in good repair (including replacement as necessary), the roof covering and the exterior surfaces of the exterior walls and window frames of Building 3 (exclusive of doors, door frames, door checks and other entrances and windows), all Outdoor Areas (defined in Section 10.1) on Parcel 3, all Shared Areas (as defined in the Declaration) for the use of Parcel 3 and all systems (including sewer, gas, electrical and water lines) serving the Premises to the point of connection to Building 3. Tenant shall give Landlord prompt written notice of any damage to the Premises requiring repair by Landlord. 9.3 Except to the extent of Landlord's obligations provided in Sections 9.1 and 9.2 hereof, Tenant shall, at its expense, keep and maintain the Premises and every part thereof in good order order, condition and conditionrepair, free including, without limiting the generality of accumulation the foregoing, all equipment or facilities specifically serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire hose connections if within the Premises, fixtures, interior walls, interior surfaces of dirt exterior walls, ceilings, floors, windows, doors, plate glass, and rubbishskylights. Notwithstanding the foregoing, Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability not be required to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make any such repairs to the Premises within a reasonable time extent occasioned by the negligent act or omission or willful misconduct of notice to Landlord, its agents, employees, or contractors. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials keep its sewers and equipment which are at least equal in quality drains open and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs clear to the footings and foundations and the structural steel columns and girders forming a part perimeter of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep the hallways and/or sidewalks and maintain all landscaped common areas in a neat adjacent to the Premises clean and orderly conditionfree of debris created by Tenant. Tenant shall pay its Allocated Share of reimburse Landlord on demand for the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs damage to the Premises, Building 3 or Project and its appurtenant common areas made necessary Landlord's Parcels caused by a negligent or willful act or omission of Tenant or any employeeits employees, agentagents, contractorcustomers, suppliers, shippers, contractors, or invitee invitees which is in excess of any proceeds received by Landlord from the insurance for Building 3 maintained by Landlord pursuant to Section 14.2. If Tenant shall fail to comply with the foregoing requirements within ten (10) days after notice from Landlord, Landlord may (but shall not be made obligated to) effect such maintenance and repair, and the cost thereof together with interest thereon at the sole cost Interest Rate (defined below) shall be due and expense payable as Additional Rent to Landlord within thirty (30) days following receipt of TenantLandlord's written statement of such costs. See Addendum A-9.3. 9.4 Tenant in keeping the Premises in good order, condition, and repair shall exercise and perform good maintenance practices including obtaining, at its expense, a contract for the repair and maintenance of the air conditioning and heating system, if any, exclusively serving the Premises and provide Landlord with a copy of said contract within thirty (30) days after Tenant takes possession of the Premises. The contract shall be for the benefit of Landlord and Tenant and in a form and placed with a licensed contractor satisfactory to Landlord. Tenant obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines 's obligations expressly set forth in Exhibit “D” attached hereto and the this Lease. 9.5 Tenant shall pay its Allocated Share not make any exterior or structural alterations, changes or improvements in or to Building 3 or material modifications to any of the cost thereof Base Building operating systems without first obtaining Landlord's prior written consent (which may be withheld by Landlord in its sole discretion as Additional Rent to exterior alterations, and which shall not be unreasonably withheld or delayed with respect to structural or Base Building system modifications), and all of the same shall be at Tenant's sole cost. Landlord's consent shall not be required for any interior cosmetic alterations or alterations not affecting Base Building exterior, structure or systems as referenced above, or for any alterations, changes, replacements or improvements to any interior nonstructural Special Tenant Improvements or any other elements of Tenant's Work; provided that Tenant shall obtain required permits and comply with all other Legal Requirements and all requirements of Article 8 and Exhibit C regarding construction by Tenant and shall notify Landlord not less than ten (10) days prior to commencing any such alterations to give Landlord an opportunity to post a notice of non-responsibility. Landlord may impose as a condition of its consent (when required) such requirements as Landlord, in Article 6 hereof. its reasonable discretion, may deem necessary, including but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord, and that good and sufficient plans and specifications be submitted to Landlord at such times as its consent is requested. Further, Landlord's consent to any alteration which Tenant proposes to make after the Commencement Date shall designate by written notice to Tenant any of the alterations, additions and improvements (hcollectively, "ALTERATIONS") which Landlord will require Tenant to remove at the expiration or termination of the Lease and those Alterations (if any) which Tenant is not permitted to remove. If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure)so designates, Tenant mayshall prior to the expiration of the Term promptly remove the Alterations designated to be removed and repair all damage caused by such removal at its cost and with all due diligence, in addition and shall surrender the Premises with all Alterations which Tenant is required to leave. Unless Landlord designates as a condition to granting its consent to any other remedy available at law Alterations that removal by Tenant is required or in equityprohibited, upon at least five (5) business days prior written noticeTenant shall have the right, incur any reasonably necessary expense to perform but not the obligation to remove from the Premises the Alterations for which consent was obtained so long as Tenant promptly repairs any damage resulting from such removal. Except as otherwise expressly provided herein, all Alterations made by Tenant (specifically excluding Tenant's furniture, trade fixtures and equipment) shall become the property of Landlord specified in such notice and deduct such expense from a part of the Fixed Rentrealty and shall be surrendered to Landlord upon the expiration or sooner termination of the Term hereof. See Addendum A-9.5.

Appears in 2 contracts

Sources: Lease Agreement (Formfactor Inc), Lease Agreement (Formfactor Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, TenantTenant shall, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlordexpense, throughout the Term of this Lease Term, keep, maintain and at Landlord’s sole cost preserve, in good condition and expensesrepair, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areasfixtures and appurtenances therein. Tenant’s obligations hereunder shall include, but not be limited to, the maintenance, repair and replacement, if necessary, of all heating, ventilation, air conditioning (“HVAC”) servicing the Premises, lighting and plumbing fixtures and equipment, fixtures, motors and machinery, all interior walls, partitions, doors and windows, including the roofregular painting thereof, wallsall exterior entrances, exterior portions of the Premises windows, doors and docks and the Buildingreplacement of all broken glass. Throughout the Term, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay maintain, at its Allocated Share of the cost of all repairsown expense, as limited under Article 6 with respect an HVAC maintenance contract that is reasonably acceptable to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly conditionLandlord. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs in the event that any HVAC unit(s) or any major component of the HVAC unit(s) (i.e., the air-handler, compressor, coil or condenser) serving the Premises requires replacement (rather than repair), as reasonably determined by Landlord, during the Term of the Lease, then Landlord, not Tenant, shall replace the HVAC unit(s) or applicable component of any such HVAC unit(s) at Landlord’s sole cost and expense; provided, however, that in the event any such replacement is necessary due to (a) the Premises, Building negligence or Project and its appurtenant common areas made necessary by a negligent or willful act or omission misconduct of Tenant or any employee, agent, contractorthe Tenant’s Parties, or invitee (b) Tenant’s failure to repair and maintain the HVAC unit(s) or the misuse of the Premises by Tenant or the Tenant’s Parties, then Tenant, and not Landlord, shall be solely responsible for the total cost of any such replacement of the applicable HVAC unit(s) or major component thereof and Tenant shall be made at pay such amount to Landlord, as Additional Rent under the Lease, within ten (10) days after the delivery to Tenant of written demand, together with supporting invoices, therefor. Landlord shall repair, replace and restore the Common Areas and the foundation, exterior and interior load-bearing walls, roof structure and roof covering and tuckpointing of the Building and the cost of all such matters performed by Landlord shall constitute Operating Expenses. Notwithstanding any of the foregoing, however, from time to time during the Term, Landlord may elect, in its sole cost and expense discretion following Tenant’s failure to cure following delivery of written notice to Tenant, to perform on behalf of Tenant, except all or some portion of the repairs, maintenance, restoration and replacement in and to the extent Premises required to be performed by Tenant under this Lease (any such repairs, maintenance, restoration and/or replacement activities that Landlord elects to perform on behalf of insurance proceeds received by Landlord. (g) Tenant are herein collectively referred to as “General Maintenance Services”). Tenant shall reimburse Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday cost or value of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof all General Maintenance Services provided by Landlord as Additional Rent as provided in Article 6 hereof. (h) If Rent. Unless and until Landlord affirmatively elects to provide General Maintenance Services, nothing contained herein shall fail be construed to obligate Landlord to perform any General Maintenance Services or, except as otherwise expressly provided in this Section 14, to repair, maintain, restore or replace any portion of the Premises. Landlord may from time to time, in its obligations under this Lease and such failure continues for a period sole discretion, (a) reduce or expand the scope of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and General Maintenance Services that Landlord has not undertaken procedures elected to cure provide or (b) revoke its election to provide any or all of the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed RentGeneral Maintenance Services.

Appears in 2 contracts

Sources: Short Form Industrial Building Lease, Industrial Building Lease (Birks Group Inc.)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) a. Tenant shall, throughout the Term, and (c) of this Article, at Tenant, at its ’s sole cost and expense and throughout the Term subject to Section 11(b) of this Lease, shall keep and maintain the Premises in good order a neat and orderly condition and in compliance with the Sustainability Standards; and, upon expiration of the Term or earlier termination of this Lease, Tenant shall leave the Premises in broom clean condition, free of accumulation of dirt ordinary wear and rubbishtear, damage by fire or other casualty alone excepted, and for that purpose and except as otherwise agreed to in writing by Landlord and Tenant, Tenant will make all necessary repairs and replacements to the Premises to deliver it in such condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs not permit any waste to the Premises within a reasonable time of notice to LandlordPremises. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness not use any portion of the Common Facilities for other than their intended use as reasonably specified by Landlord from time to those originally used in constructing the Building and the Premisestime. (b) Landlordb. Landlord shall, throughout the Term of this Lease and at Landlord’s sole cost and expensesTerm, shall make all necessary repairs to the footings roof, foundation, structural elements and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC Building operating systems, plumbing mechanical, electrical and electric HVAC systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric exterior windows and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside doors of the Premises and other improvements located on the common areasProperty and the parking, including sidewalks and walkways and the roof, walls, exterior portions of Common Facilities. All interior Premises repairs that are necessary to the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord are not Landlord’s responsibility shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) at Tenant’s sole, but reasonable cost and expense. Landlord shall keep and maintain all common areas appurtenant to Common Facilities of the Building Property and any sidewalks, parking areas, curbs and access ways adjoining the Property in a good order and repair, in a clean and orderly condition, free of accumulation of dirt, rubbish, dirt and rubbish and ice and snow and ice, and shall keep and maintain all landscaped areas within the Property in a neat and orderly condition. Tenant All repairs and maintenance shall pay its Allocated Share be done in a first class manner in keeping with comparable first class buildings in the locale of the cost of all work to be performed Building. All costs and expenses incurred by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. connection with Landlord’s obligation to provide snow removal services obligations under this Section 11(b) shall be limited to included in Operating Expenses unless such expense is expressly excluded from the definition of Operating Expenses. On the Commencement Date, Landlord, at landlord’s sole cost and expense, shall cause the Building , including the roof, structure, windows, parking areas and the sidewalk entrances mechanical systems, to the Buildingbe in good working condition. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 2 contracts

Sources: Sublease Agreement, Sublease Agreement (Nabriva Therapeutics AG)

Repairs and Maintenance. (a) Except with respect to Landlord Repairs (as specifically otherwise provided in subparagraphs (b) and (c) of this Articledefined below), Tenant, at its sole cost and expense and throughout the Term of this LeaseTenant’s expense, shall keep and maintain the interior, nonstructural portions of the Premises in good order and conditioncondition including promptly making all repairs necessary to keep and maintain such in good order and condition (other than ordinary wear and tear, free provided “ordinary wear and tear” does not, and shall not be deemed to, include any damage or deterioration that could have been prevented through proper maintenance, or by Tenant’s full and timely performance of accumulation its obligations under this Lease) (except to the extent such maintenance, repair or replacement is required as a result of dirt the negligence of Landlord or Landlord’s contractors, employees or agents, in which event it shall be the obligation of Landlord to maintain, repair and/or replace same). When used in this Lease, “repairs” shall include repairs and rubbishany reasonably necessary replacements. For purposes of this Section, “nonstructural portions of the Premises” shall be deemed to exclude, without limitation, all plumbing, electric and HVAC systems, whether located in or outside of the Premises (except for the Tenant’s Supplemental HVAC and Premises Hot Water Heaters). Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise advising Landlord of Tenant’s desire to have Landlord make such repairs, in which case Tenant shall pay to Landlord for such repairs at Landlord’s then-standard rate (such rate to be competitive with the market rate for such services). If requested by To the extent that Tenant requests that Landlord make any other repairs that are Tenant’s obligation to make under this Lease, Landlord shall may elect to make such repairs on Tenant’s behalf, at Tenant’s reasonable expense, and Tenant shall pay to Landlord such expense along with the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessaryAdministrative Fee. All Tenant repairs made by Tenant shall comply with Laws and utilize materials and equipment which that are at least equal in quality quality, number, and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord. In addition, Tenant shall maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, and/or Alterations in a clean and safe manner and in proper operating condition throughout the Term Term. “Tenant’s Supplemental HVAC” means any supplemental HVAC system serving exclusively the Premises and installed by or on behalf of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to Tenant after the footings and foundations and the structural steel columns and girders forming a part of Commencement Date. “Premises Hot Water Heater” means any hot water heater serving exclusively the Premises. (c) Landlord shall maintain all HVAC systems, plumbing including without limitation expansion tanks and electric systems serving any associated piping, but excluding the Building and under-sink water heater existing on the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term date of this Lease. Tenant shall maintain Tenant’s Supplemental HVAC under a service contract with a firm and upon such terms as may be reasonably satisfactory to Landlord, including inspection and maintenance on at least a semiannual basis, and provide Landlord with a copy thereof. Within five (5) days after Landlord’s request, Tenant shall make all necessary provide Landlord with evidence that such contract is in place. All repairs to the Building outside and/or the Project made necessary by reason of the installation, maintenance, and operation of Tenant’s Supplemental HVAC, Premises Hot Water Heaters, and Alterations shall be Tenant’s expense. In the common areasevent of an emergency, including such as a burst waterline or act of God, Landlord shall have the roofright to make repairs for which Tenant is responsible hereunder (at Tenant’s reasonable cost) without giving Tenant prior notice, wallsbut in such case Landlord shall provide notice to Tenant as soon as practicable thereafter, exterior portions of and Landlord shall take commercially reasonable steps to minimize the Premises costs incurred. Further, Landlord shall have the right to make repairs for which Tenant is responsible hereunder (at Tenant’s reasonable cost) with prior notice to Tenant if Landlord believes in its sole and absolute discretion that the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of repairs are necessary to prevent harm or damage to the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility take commercially reasonable steps to make any repairs unless and until Landlord receives written notice of minimize the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereofcosts incurred. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 2 contracts

Sources: Lease (Cabaletta Bio, Inc.), Lease (Cabaletta Bio, Inc.)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, TenantTenant shall, at its Tenant’s sole cost and expense expense, maintain the interior, non-structural portions of the Premises in good, clean and throughout safe condition and repair. Without limiting the Term generality of the foregoing, Tenant shall be solely responsible for maintaining and repairing all fixtures, electrical lighting, ceilings and floor coverings, windows, doors, plate glass, skylights, and interior walls within the Premises. In addition, Tenant shall be responsible for all repairs made necessary by the negligence or willful misconduct of Tenant, its employees, agents, contractors or invitees. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Notwithstanding anything to the contrary in this Lease, under no circumstances shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such any repairs to the Premises within a reasonable time structural portions of notice to the Building, unless such repairs are previously approved in writing by Landlord. When used , in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the PremisesLandlord’s sole discretion. (b) Landlord, throughout Landlord shall be responsible for repairing and maintaining the Term portions of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs the Premises exterior to the footings and foundations and Building, the structural steel columns and girders forming a part portions of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises (including, without limitation, the exterior walls and the foundations of the Building), elevators, the roof and sidewalks (including the sidewalks adjacent to the Premises) in good, clean and safe condition and repair. Tenant’s Allocated Share Landlord shall also maintain and repair all landscaping, driveways, parking lots, the underground garage, fences, signs, sidewalks and the Common Areas of the Building, if any, in such condition. Landlord shall be responsible for maintaining and repairing, in good, clean and safe condition and repair, all Building operating systems including, without limitation, the plumbing, heating, electrical, fire life safety, sewer and air conditioning and ventilation systems. The foregoing obligations of Landlord contained in this Section 13(b) are collectively referred to as “Landlord’s cost for HVAC, electric Repairs” and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Operating Expenses except as otherwise provided in Article 6 hereof. (d) Landlord, throughout the Term of Section 7(c). Except as otherwise provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant’s obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord making any repairs which Landlord is required or permitted by this Lease or by any other tenants’ lease or required by law to make all necessary repairs in or to the Building outside any portion of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the BuildingPremises; provided, however, that Landlord shall have no responsibility use reasonable efforts to make minimize any repairs unless interference with Tenant’s business at the Premises. If Landlord or Tenant fails to maintain the Premises in good order, condition and until repair, Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairsand Tenant, as limited under Article 6 with respect to capital repairsthe case may be, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to give the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than responsible party thirty (30) days after receipt of written notice from Tenant specifying to do such failure, or if acts as are reasonably required to so maintain the Premises. If the responsible party fails to promptly commence such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default work within such thirty (30) day time period and diligently pursued prosecute it to completion, then the other party shall have the right to do such efforts to complete acts and expend such cure), Tenant may, in addition to any other remedy available funds at law or in equity, upon at least five (5) business days prior written notice, incur any the expense of the responsible party as are reasonably necessary expense required to perform such work. Any amount so expended by the obligation other party shall be paid by the responsible party promptly after demand with interest at the “Reference Rate” (formerly, “Prime Rate”) then being charged by the San Francisco main office of Landlord specified in such notice and deduct such expense Bank of America NT & SA plus two percent (2%) per annum, from the Fixed Rentdate of such work, but not to exceed the maximum amount then allowed by law.

Appears in 2 contracts

Sources: Net Lease Agreement (Confluent, Inc.), Net Lease Agreement (Confluent, Inc.)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) a. Tenant shall, throughout the Term, and (c) of this Article, at Tenant, at its ’s sole cost and expense and throughout the Term subject to Section 11(b) of this Lease, shall keep and maintain the Premises in good order a neat and orderly condition and in compliance with the Sustainability Standards; and, upon expiration of the Term or earlier termination of this Lease, Tenant shall leave the Premises in broom clean condition, free of accumulation of dirt ordinary wear and rubbishtear, damage by fire or other casualty alone excepted, and for that purpose and except as stated in this sentence, Tenant will make all necessary non-structural repairs and replacements to the Premises to deliver it in such condition. Tenant shall have the option of replacing lightsnot permit any waste, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to LandlordPremises. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness not use any portion of the Common Facilities for other than their intended use as reasonably specified by Landlord from time to those originally used in constructing the Building and the Premisestime. (b) Landlordb. Landlord shall, throughout the Term of this Lease and at Landlord’s sole cost and expensesTerm, shall make all necessary repairs to the footings roof, foundation, structural elements and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC Building operating systems, plumbing mechanical, electrical and electric HV AC systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric exterior windows and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside doors of the Premises and other improvements located on the common areas, including the roof, walls, exterior portions of the Premises Property and the Buildingparking, utility lines, equipment sidewalks and other utility facilities in walkways and the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the BuildingCommon Facilities; provided, however, that Landlord shall have no responsibility to make any repairs in the Premises unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant All interior Premises repairs that are necessary to the Premises and are not Landlord’s responsibility shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) at Tenant’s sole cost and expense. Landlord shall keep and maintain all common areas appurtenant to Common Facilities of the Building Property and any sidewalks, parking areas, curbs and access ways adjoining the Property in a good order and repair, in a clean and orderly condition, free of accumulation of dirt, rubbish, dirt and rubbish and ice and snow and ice, and shall keep and maintain all landscaped areas within the Property in a neat and orderly condition. Tenant All repairs and maintenance shall pay its Allocated Share be done in a first class manner in keeping with comparable first class buildings in the locale of the cost of all work to be performed Building. All reasonable costs and expenses incurred by Landlord pursuant to in connection with Landlord’s obligations under this Paragraph Section 11 (eb) as Additional Rent shall be included in Operating Expenses unless such expense is expressly excluded from the definition of Operating Expenses. c. Except as provided in Article 6 hereof. Landlord’s obligation Sections 11(a) and 11(b), nothing contained herein shall obligate Tenant to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, make any structural repairs or modifications to the Premises, Building or Project repairs or modifications to any portions within the Premises of the Building’s HVAC, fire safety (including without limitation, sprinklers), electrical, plumbing or other utility or mechanical systems, which shall be repaired and its appurtenant common areas made necessary maintained by a negligent Landlord in as good order and condition as existed on the Commencement Date, unless such repairs or modifications shall (i) be due to the negligence or willful act or omission misconduct of Tenant or any agent, employee, agent, contractor, or invitee contractor of Tenant or (ii) as a result of any laws applicable to Tenant’s specific and particular manner of use of the Premises (as opposed to laws applicable to the Premises, the Building or business offices generally), in which event Landlord shall be made at the sole cost and expense of Tenant, except make such repair or modification (to the extent Landlord is obligated under the express terms of insurance proceeds received by Landlord. (gthis Lease) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Landlord’s actual out-of-pocket costs thereof to be reimbursed by Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than within thirty (30) days after of receipt of written notice from Tenant specifying an invoice for such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rentwork.

Appears in 2 contracts

Sources: Office Space Lease (Nabriva Therapeutics AG), Office Space Lease (Nabriva Therapeutics AG)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) Tenant shall, throughout the Term and (c) of this Article, at Tenant, at its 's sole cost and expense and throughout the Term of this Leaseexpense, shall keep and maintain the Premises in a neat and orderly condition; and, upon expiration of the Term, Tenant shall leave the Premises in good order and condition, free of accumulation of dirt ordinary wear and rubbishtear, damage by fire or other casualty alone excepted, and for that purpose and except as stated, Tenant will make all necessary non-structural repairs and replacements. Tenant shall have the option of replacing lightsnot permit any waste, ballasts, tubes, ceiling tiles, outlets and similar equipment itself damage or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs injury to the Premises within a reasonable time of notice to LandlordPremises. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness not use or permit the use of any portion of the Common Facilities for other than their intended use as specified by the Landlord from time to those originally used in constructing the Building and the Premisestime. (b) LandlordLandlord shall, promptly throughout the Term of this Lease and at Landlord’s sole cost and expensesTerm, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part elements of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areasbuilding, and other exterior improvements for located on the BuildingProperty; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to Common Facilities of the Building Property and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow dirt and ice, rubbish and shall keep and maintain all landscaped areas within the Property in a neat and orderly condition. Tenant shall pay its Allocated Share of Notwithstanding anything to the cost of all work to be performed by contrary contained herein, Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to responsible for maintaining and repairing the parking areas life, fire, and safety systems and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs points of connection thereto to the Premises, Building and the costs of same shall be included in Annual Operating Costs. c) Notwithstanding the foregoing, repairs and replacement to the Premises and the Property arising out of or Project and its appurtenant common areas made necessary caused by a negligent Tenant's specific use, specific manner of use or willful occupancy of the Premises, by Tenant's installation of alterations, additions, improvements, trade fixtures or equipment in or upon the Premises or by any act or omission of Tenant or any employee, agent, contractor, contractor or invitee (while on the Premises) of Tenant shall be made at the Tenant's sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share Landlord the reasonable cost of the cost thereof any such repair or replacement, as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) Rent, within 15 days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rentdemand.

Appears in 2 contracts

Sources: Office Space Lease (Broadview Networks Holdings Inc), Office Space Lease (Broadview Networks Holdings Inc)

Repairs and Maintenance. (a) Except Tenant shall keep the Premises, including the Leasehold Improvements (as specifically otherwise provided defined in subparagraphs (b) and (c) of this ArticleSection 9(a)), Tenant’s Property (as defined in Section 9(b)), at its sole cost the lighting, walls ceilings, and expense floors of the Premises, the property identified as Tenant’s repair obligation on Exhibit E, and throughout any other equipment which use is dedicated to the Term of this LeasePremises, shall keep neat, clean and maintain the Premises in good order and condition, free of accumulation of dirt reasonable wear and rubbishtear excepted. Tenant shall have give Landlord prompt notice of any damage to or defective condition, of which it becomes aware or reasonably should become aware, in any part or appurtenance of the option of replacing lightsPremises, ballaststhe Leasehold Improvements, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire Property, or the Building including mechanical, electrical, plumbing, heating, ventilating, air conditioning and other equipment, facilities and systems located within or serving the Building (hereinafter the “Building Systems”). Tenant shall be responsible for all repairs, replacements and alterations in and to have Landlord make such repairs. If requested by the Premises, the Leasehold Improvements, Tenant’s Property, Landlord shall make such repairs the lighting, walls ceilings, and floors of the Premises, the property identified as Tenant’s repair obligation on Exhibit E, and any other equipment which use is dedicated to the Premises within a reasonable time of notice to Landlord. When used in this Article 14and for all repairs, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials alterations in and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. Building Systems, the need for which arises out of : (bi) Landlord, throughout the Term of this Lease and at LandlordTenant’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part use or occupancy of the Premises. , reasonable wear and tear excepted; (cii) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and installation or use of Tenant’s Property in the Premises. ; (iii) the moving of Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant Property into or out of the Building, and to ; or (iv) any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Buildingact or omission of Tenant or Tenant’s Representatives; provided, however, that such repairs, replacements or alterations (other than to Tenant’s Property) shall be made by Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share Landlord within 10 days of demand the cost therefor plus a 10% Surcharge. Landlord may, before commencing any such work or at any time thereafter, require Tenant to furnish to Landlord such security in form (including a bond issued by a surety satisfactory to Landlord) and amount as Landlord shall deem reasonably necessary. (b) Tenant shall not place a load upon any floor of the cost Premises which exceeds the load per square foot which such floor was designed to carry. (c) Tenant shall not install business machines or mechanical equipment which cause unreasonable levels of all repairs, as limited under Article 6 with respect noise or vibration that may be transmitted to capital repairs, to be performed by the structure of the Building or that otherwise violate any provision of this Lease. (d) Landlord pursuant to this Paragraph 14(d) as Additional Rent (except as provided in Article 6 hereofSection 7(a)) shall, at Landlord’s expense, repair, replace and maintain the external and structural parts of the Building and the Building Systems and the Common Areas, and shall perform such repairs, replacements and maintenance with reasonable dispatch, in a good and workmanlike manner. In addition, but notwithstanding anything in this Lease to the contrary, Landlord shall be responsible (subject to either Tenant's reimbursement obligations or Landlord's right to include the cost in Operating Expenses), for the maintenance, repair, replacement and alteration of the property identified as Landlord's repair obligation on Exhibit E attached hereto. (e) Except as provided herein, Landlord shall keep have no liability to Tenant nor shall Tenant’s covenants and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period be reduced or abated in any manner whatsoever by reason of more than thirty (30) days after receipt any inconvenience, annoyance, interruption or injury to business arising from Landlord’s making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenant’s lease or required by law to make in or to any portion of written notice from Tenant specifying such failurethe Premises, the Project, the Building or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Building Systems. Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such shall nevertheless use its best efforts to complete such cure), Tenant may, minimize any interference with Tenant’s business in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed RentPremises.

Appears in 2 contracts

Sources: Lease (Plures Technologies, Inc./De), Lease (CMSF Corp)

Repairs and Maintenance. a. This is an absolute “Triple Net” Lease. It is a single-use and free-standing building with no other improvements on the Property. As a result the Tenant agrees that it shall maintain, replace, repair and keep all portions of the Premises which include but are not limited to all structural components (aincluding any foundation members, supports, load-bearing members and walls and the roof) Except as specifically otherwise provided well as the interior wall surfaces from the exterior of any such wall inward, storefront glass, doors (including storefront automatic doors and service doors), door hardware, plumbing, electrical and mechanical equipment which exclusively serve the Premises, and the Property, and every component therein, in subparagraphs good order, operating condition, maintenance and repair. Tenant shall also maintain all Tenant signage, trade fixtures, improvements, and equipment in good order, operation condition and repair. Tenant shall also keep the Premises in a clean, sanitary and safe condition in accordance with all directions, rules and regulations of any health officers, building inspectors or other proper officers of the governmental agencies in the county in which the Shopping Center is located; and such other local, state or federal governmental authorities with jurisdiction over the Premises (b) collectively, the “Governmental Authorities”). Tenant shall permit no injury to the Premises, and (c) shall, at its own cost and expense, replace with glass of this Articlethe same or better quality any damaged or broken glass, including plate glass or other breakable materials used in structural portions of any interior or exterior windows and doors on the Premises. Tenant shall dispose of all trash and waste materials in outside trash containers to be located in the designated trash areas or enclosures. Tenant shall flatten all boxes for dumping of trash. Tenant shall, at its own cost and expense, replace any light bulbs, frames, ballasts, and accessory parts thereof on the Premises that may be broken or damaged during the Lease Term. Tenant, in keeping the Premises in good order, condition, and repair, shall exercise The Tenant will also maintain the HVAC system as required for reasonable mechanical integrity on a quarterly basis. Tenant understands and specifically agrees that as part of its obligation to maintain and repair the Premises and Property, that if required, the Tenant shall undertake at its sole cost and expense any improvements deemed to be “Capital Improvements” (as that term is generally defined by generally accepted accounting principals.) which may include the replacement or repaving of any parking field, roof or structural component. Any such Capital Improvements when made shall be deemed to be fixtures on the Premises and throughout Property and shall absolutely belong to the Term Landlord. To the extent that any such improvement requires the transfer to the Landlord by any instrument (including ▇▇▇▇ of sale or deed) then the Tenant shall execute any such document so as to evidence the Tenant’s intent to transfer any such interest to the Landlord. In addition to other rights and remedies available to Landlord pursuant to this Lease, if Tenant fails to perform Tenant’s obligations under this Article 10, Landlord may enter upon the Premises after forty-five (45) days’ prior written Notice to Tenant (except in the case of an emergency, in which case no Notice shall keep be required), perform such obligations on Tenant’s behalf, and maintain put the Premises in good order order, condition and conditionrepair, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of at Tenant’s desire to have Landlord make such repairsexpense. If requested by TenantNotwithstanding the foregoing, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Buildingevent Tenant commences any repair or maintenance as required hereunder during said 45-day period, which serve more than one tenant of but is unable to complete the Buildingsame using commercially reasonable efforts, and Tenant will be permitted to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for complete such repair or Landlord has actual knowledge maintenance so long as Tenant is diligently pursuing completion of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereofsame. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 2 contracts

Sources: Shopping Center Lease, Shopping Center Lease (Natural Grocers by Vitamin Cottage, Inc.)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of Subject to reimbursement pursuant to this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested except for damage caused by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful intentional act or omission of Tenant or any employeeTenant’s employees or agents, agentin which event Tenant shall repair the damage, contractorLandlord shall keep in good order and condition the Common Areas and repair and maintain the foundation, roof and exterior walls of the Building. Landlord shall not be obligated to paint the exterior of the Building or Project, nor shall Landlord be required to maintain the steel sashes, windows, glass, doors, or invitee interior surface of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) exterior walls. Landlord shall provide Tenant with janitorial services for not have the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail obligation to perform any of its obligations make repairs under this Lease and such failure continues for Section until a period of more than thirty (30) days reasonable time after receipt of written notice from Tenant specifying of the need for such failurerepairs. Landlord shall not be responsible for repairs required by an accident, fire, or if such failure is of a nature to require more than thirty (30) days other peril or for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition damage caused to any other remedy available at law part of the Project by any act or in equityomission of Tenant or Tenant’s employees or agents, upon at least five (5) business days prior written notice, incur any reasonably necessary expense except as otherwise required by this Lease. Landlord may engage contractors of Landlord’s choice to perform the obligation obligations required by this Section, and the necessity of any expenditure to perform those obligations shall be at the sole discretion of Landlord. Tenant expressly waives the benefits of any statute now or later in effect that would otherwise give Tenant the right to make repairs at Landlord’s expense and deduct that cost from rent owing to Landlord. (b) Subject to the provisions of the preceding subsection, Tenant shall clean and maintain in good order, condition, and repair and replace when necessary the following: (i) all plumbing and sewage facilities in the Leased Premises, including but not limited to all plumbing fixtures, pipes, fittings, or other parts of the plumbing system in the Leased Premises; (ii) all fixtures, interior walls, floors, carpets, draperies, window coverings, and ceilings in the Leased Premises; (iii) all windows, doors, entrances, and plate glass in the Leased Premises; and (iv) all electrical facilities and all equipment in the Leased Premises, including all light fixtures, lamps, bulbs and tubes. (c) With respect to utility facilities serving the Leased Premises Tenant shall be responsible for the maintenance and repair of any facilities that serve only the Leased Premises including all facilities that are within the walls or floor or on the roof of the Leased Premises, and any part of the facility that is not within the Leased Premises, but only up to the point where the facilities join a main or other junction from which the utility services are distributed to other parts of the Project as well as to the Leased Premises. (d) Tenant shall: (i) maintain, repair, and replace when necessary all heating, air conditioning, and ventilation equipment that services only the Leased Premises, and shall keep the them in good condition through regular inspection and servicing; (ii) all plumbing and sewage facilities in the Leased Premises, including but not limited to all plumbing fixtures, pipes, fittings, or other parts of the plumbing system in the Leased Premises; and (iii) 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 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. However, Landlord may elect at any time during the term of this Lease to assume responsibility for and or all of the preceding items (i) through (iii), in which event all expenses incurred by Landlord in connection with the preceding items shall be charged to the Tenant. (e) 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 parts of the Building or if the estimated cost of any item of repair or replacement is in excess of $750. 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. Tenant shall not, and shall not permit others, to enter the roofs of the Leased Premises, without Landlord’s prior written consent. (f) If Tenant fails to perform Tenant’s obligations under this Section or under any other section of this Lease, after ten (10) days’ prior written notice to Tenant, except in an emergency when no notice shall be required, Landlord may enter the Leased Premises, perform the obligations on Tenant’s behalf, and recover the cost of performance, together with interest at the maximum rate then allowed by law, as additional rent payable by Tenant with the next installment of Monthly Base Rent. Tenant shall maintain adequate insurance to compensate Tenant for any loss of, or damage to, Tenant’s property. In the event that Tenant does not maintain such insurance, Tenant will be deemed to have self-insured Tenant’s property. (g) In the event Tenant fails to perform Tenant’s obligations under this Section, Landlord shall give Tenant notice to do such acts as are reasonably required to so maintain the Leased Premises. If within fifteen (15) days after such notice is given by Landlord, Tenant fails to do the work and diligently prosecute it to completion, then Landlord shall have the right (but not the obligation) to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand with interest at the maximum rate permitted by law from the date of such work. There shall be no abatement of rent and no liability of Landlord specified in such notice and deduct such expense by reason of any injury or interference with Tenant’s business arising from the Fixed Rentmaking of any repairs, alterations, or improvements in or to any portions of the Project or the Leased Premises or in or to fixtures, appurtenances, and equipment, therein. Landlord reserves the right to enter the Leased Premises to repair the Project, to repair the roof or roof structures or to install electrical, water, drain, sewer, telephone, ventilation, and other conduits for the benefit of the Project or of other tenants of the Project. Repair of the roof or of roof structures may require exposing certain areas of the Project to the elements.

Appears in 2 contracts

Sources: Industrial Lease, Industrial Lease (Sunpower Corp)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) a. Tenant shall, throughout the Term, and (c) of this Article, at Tenant, at its ’s sole cost and expense subject to Sections 11(b) below and throughout the Term of this Lease10(c) above, shall keep and maintain the Premises in good order a neat and orderly condition; and, upon expiration of the Term or earlier termination of this Lease, Tenant shall leave the Premises in a neat, orderly, and broom clean condition, free reasonable wear and tear, damage by fire or other casualty alone excepted. Subject to Section 10(c) above, Tenant shall be responsible for repair of accumulation of dirt damage to the Premises caused by Tenant, its agents and rubbishcontractors and their respective employees. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs not permit any waste to the Premises within a reasonable time of notice to LandlordPremises. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness not use any portion of the Common Facilities for other than their intended use as reasonably specified by Landlord from time to those originally used in constructing the Building and the Premisestime. (b) Landlordb. Landlord shall, throughout the Term of this Lease and at Landlord’s sole cost and expensesTerm, shall make all necessary repairs to the footings structural elements and foundations Building operating systems and the structural steel columns exterior windows and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside doors of the Premises and other improvements located on the common areasProperty (other than, including the roofbut subject to Section 10(c), walls, exterior portions repair of damage to the Premises caused by Tenant, its agents and the Building, utility lines, equipment contractors and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Buildingtheir respective employees); provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair and provided further that Landlord shall not be obligated to repair any tenant improvements or Building systems which are not included as part of Premises Work (as set forth in the Work Letter). Landlord has actual knowledge shall make any applicable repairs promptly upon receiving Tenant’s written notice of the need to make for such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed All costs and expenses incurred by Landlord pursuant to in connection with Landlord’s obligations under this Paragraph 14(dSection 11(b) as Additional Rent as provided shall be included in Article 6 hereofOperating Expenses unless such expense is expressly excluded from the definition of Operating Expenses. (e) c. Landlord shall keep and maintain or cause the Association to keep and maintain all common areas appurtenant to Common Facilities of the Building Property and any sidewalks, parking areas, curbs curbs, and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, dirt and rubbish, snow and ice, and shall keep and maintain all landscaped areas within the Property in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed All costs and expenses incurred by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. connection with Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30Section 11(c) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, shall be included in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct Operating Expenses unless such expense is expressly excluded from the Fixed Rentdefinition of Operating Expenses.

Appears in 1 contract

Sources: Office Space Lease (Innocoll Holdings PLC)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, Tenant shall keep and maintain the Leased Premises in a clean, orderly and sanitary condition and keep in good order and conditionrepair the interior of the Leased Premises, free of accumulation of dirt and rubbishincluding snow removal on adjacent sidewalks. During the Lease term, Tenant shall have the option of replacing lightsmake at Tenant's expense, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings Leased Premises for such items as routine repairs of floors, walls, ceilings, and foundations other parts of Leased Premises damaged or worn through normal occupancy, and the structural steel columns and girders forming a part of the Premises. (c) for any other items for which damage is caused by Tenant. Landlord shall maintain all HVAC systemsside and rear exterior walls, plumbing the roof, windows, doors, skylights, and electric systems serving interior walls to the Building and the Premises. point of which they are in good condition, so long as, Tenant is not responsible for damages caused by Tenant’s Allocated Share willful, reckless, or negligent conduct. In the case of Landlorddamages caused by Tenant’s cost for HVACwillful, electric and plumbing servicereckless, maintenance and repairsor negligent conduct, as limited under Article 6 with respect to capital expenditures, Tenant shall be included as a portion responsible for repair and/or necessary maintenance. Tenant shall keep the Premises free of Recognized Expenses as provided ice. Landlord reserves the right in Article 6 hereof. (d) Landlordits reasonable discretion to alter, throughout the Term of this Leasereconstruct, shall make all necessary repairs expand, withdraw from or add to the Building outside building from time to time. In the exercise of those rights, Landlord undertakes to minimize any interference with Tenant’s use of the Premises and ensure that direct entrance to and exit from the common areasPremises is maintained. Landlord reserves the right for itself and for all persons authorized by it, including to erect, use and maintain wiring, mains, pipes and conduits and other means of distributing services in and through the roofPremises, wallsand at all reasonable times to enter upon the Premises for the purpose of installation, exterior maintenance or repair, and such entry will not be an interference with Tenant's possession under this Lease. Landlord reserves the right, when necessary by reason of accident or in order to make repairs, alterations or improvements relating to the Premises or to other portions of the Premises building to cause temporary as reasonably necessary and to interrupt or suspend the Buildingsupply of electricity, utility lines, equipment water and other utility facilities in services to the Building, which serve more than one tenant of premises until the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, alterations or improvements have been completed so long as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (ei) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide provides Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days days’ prior written noticenotice of the proposed closure, incur any and (ii) the closure will not adversely affect Tenant’s use of the Premises, access to the Premises, or reduce or otherwise adversely affect the parking of Tenant’s vehicles. There will be no abatement in rent because of such obstruction, interruption or suspension provided that the repairs, alterations or improvements are made expeditiously as is reasonably necessary expense possible. The Parties understand that the amount of responsibility placed on the Tenant for repairs and maintenance is consistent with shifting liability onto the Tenant pursuant the provisions of the STATE Premises Liability Act and interpretation thereof under STATE law. Specifically, Tenant understands that the amount of responsibility placed upon it for repairs and maintenance may give rise to perform third party liability. In the obligation event of claims made for third party injuries occurring on the premises, Tenant agrees to indemnify and hold harmless Landlord specified in such notice and deduct such expense from the Fixed Rentagainst those claims.

Appears in 1 contract

Sources: Commercial Lease Agreement

Repairs and Maintenance. 15.01 Tenant shall take good care of the Demised Premises. Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building including without limitation, the heating, ventilating, and air-conditioning system serving the Demised Premises, as shall be required by reason of (ai) the performance or existence of Tenant’s Work or Tenant’s Changes, (ii) the installation, use or operation of Tenant’s Property in the Demised Premises, (iii) the moving of Tenant’s Property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, invitees, tenants, agents or contractors. In addition, Tenant at its expense shall make all repairs to the plumbing, electrical, heating and air conditioning systems and facilities within the Demised Premises, all non-structural repairs to the Demised Premises and all repairs to the storefront, windows and plate glass. Except as specifically otherwise provided in subparagraphs (b) and (c) if required by the gross neglect or other fault of this ArticleLandlord or its employees, agents or contractors, Tenant, at its sole cost expense, shall replace all scratched, damaged or broken doors or other glass in or about the Demised Premises and expense shall be responsible for all repairs, maintenance and throughout replacement of wall and floor coverings in the Term Demised Premises and, for the repair and maintenance of this Leaseall lighting fixtures therein. All repairs, except for emergency repairs, made by Tenant as provided herein shall be performed by contractors or subcontractors approved in writing by Landlord prior to commencement of such repairs. 15.02 Landlord, at its expense, shall keep and maintain the Premises Building and its fixtures, appurtenances, systems (except as otherwise expressly set forth in good order this lease) and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs facilities to the Premises within a reasonable time point of notice to Landlord. When used entry into the Demised Premises, in this Article 14working order, the term “repairs” shall include replacements condition and renewals when necessary. All repairs made by Tenant shall utilize materials repair and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary structural repairs, except for those repairs for which Tenant is responsible pursuant to any other provisions of this lease and except for those repairs which are the footings and foundations and the structural steel columns and girders forming a part responsibility of the PremisesCondominium. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, 15.03 Except as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as expressly otherwise provided in Article 6 hereof. (d) Landlordthis lease, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from either (a) Landlord’s making any repairs or changes which Landlord is required or permitted by this lease, or required by law, to make in or to any portion of the Unit, the Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of the Unit, Building or the Demised Premises, or (b) the Condominium making or failing to make any repairs unless and until Landlord receives written notice or changes to any portion of the need for such repair Building or the Demised Premises; provided that Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 use due diligence with respect to capital repairs, to be performed the performance by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, thereto and shall keep perform such work and maintain all landscaped areas request that the Condominium perform such work, except in a neat case of emergency, at times reasonably convenient to Tenant and orderly condition. Tenant shall pay its Allocated Share otherwise in such manner as will not materially interfere with Tenant’s use of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the BuildingDemised Premises. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease Agreement (American Realty Capital New York Recovery Reit Inc)

Repairs and Maintenance. 4.1 Lessee shall be responsible for providing general janitorial service. Lessee shall be responsible for all repairs and maintenance in connection with damage to the Premises caused by Lessee’s negligent used of Premises, and damage to fixtures and improvements resulting from negligent or willful acts of the Lessee, or the Lessee’s employees, agents, licenses or invitees. In addition, Lessee shall repair all injury caused by the installation or removal of furniture, fixtures or property permitted under this Lease to be removed from the Leased Premises. All such repairs shall be made in a good, workmanlike manner using high quality materials. 4.2 Lessor shall maintain the foundation, roof, plumbing, heating, ventilation and air conditioning systems (“HVAC”) and structural integrity of the Leased Premises and shall make all such necessary repairs to the foundation, roof plumbing, HVAC and structural integrity of the Leased Premises, except that Lessee shall make those repairs occasioned by Lessee’s negligent use of the Leased Premises. Lessor’s Duty 4.3 Lessor shall construct, repair and maintain the Leased Premises so that the Premises will have: 1) Effective waterproofing and weather protection of the contents of the Leased Premises by watertight roof, exterior walls, windows, and doors. 2) Plumbing facilities that conform to applicable law, maintained in good working order. 3) A water supply approved under applicable law that is under the control of Lessee, capable of producing hot and cold running water, or a system that is under the control of Lessor that produces hot and cold running water furnished to Lessee and connected to a sewage disposal system conforming to applicable law. 4) Heating, ventilation and air conditioning facilities conforming to applicable law which are more than adequate to heat, ventilate and air condition the improvements on the Leased Premises, and are maintained in good-working order. 5) Electrical lighting, with wiring and electrical equipment that conform to applicable law, maintained in good working order. 6) Building, grounds, and appurtenances in every part clean, sanitary, and free from all accumulations of debris, and all areas under control of Lessor kept in every part clean, sanitary, and free from all accumulations of debris. 7) Floor, stairways, and railings maintained in good repair. 8) Landscaping (all greenery, watering, and maintenance). 9) Parking Lot (including painting, striping, paving, etc.) Lessee’s Right to Repair for Lessor or Vacate (a) Except If after Lessee’s notice to Lessor of repairs or maintenance which Lessor has a duty to undertake, Lessor neglects to make such repairs within thirty (30) days following written notice from Lessee, Lessee may make the repairs itself. In such a case, Lessee may deduct the expenses of the repairs from further payment of rent, terminate this Lease Agreement as specifically otherwise provided in subparagraphs (b) of the date Lessee vacates the Premises and (c) of this Article, Tenant, at its sole cost and expense and throughout any rental shall be abated for the Term unexpired term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term For purposes of this Lease and Section 4.4, if Lessor makes repairs at Landlordleast fifteen (15) days following the date of Lessee’s sole cost and expensesnotice to Lessor, shall make all necessary repairs it will be presumed to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property acted in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Buildingreasonable time. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease Agreement

Repairs and Maintenance. (a) 17.01. Tenant shall, throughout the Term, take good care of the Demised Premises, the fixtures and appurtenances therein, and shall not do, suffer, or permit any waste with respect thereto. Except as specifically otherwise provided set forth in subparagraphs (b) and (c) of this ArticleArticle 17.02 below, Tenant, at its sole cost and expense and throughout the Term of this Lease, Tenant shall keep and maintain all interior and exterior portions of the Demised Premises including, without limitation, all Building equipment, windows, doors, loading bay doors and shelters, plumbing and electrical systems, heating, ventilating and air conditioning (“HVAC”) systems, and the roof components (i.e., the roof membrane, leaders, gutters, flashing, etc.) in a clean and orderly condition and in good order and conditionrepair. Tenant shall keep and maintain all floors, sidewalks, landscaping (including lawn areas), curbing, paving whether in driveways, parking areas or access easements, including but not limited to the maintenance of the exterior grounds in accordance with the requirements of Exhibit F annexed hereto. The phrase “keep and maintain” as used herein includes repairs, replacement and/or restoration as appropriate. Tenant shall maintain the exterior areas of the Demised Premises free of accumulation of snow, ice, dirt and rubbish. Tenant shall have not permit or suffer any over-loading of the option floors of replacing lightsthe Building. Tenant shall be responsible for all repairs, ballastsinterior and exterior, tubesstructural and nonstructural, ceiling tilesordinary and extraordinary, outlets in and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14Demised Premises, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing including the Building and Land and the Premises. facilities and systems thereof, the need for which arises out of (a) the performance or existence of the Tenant’s Work or alterations, (b) Landlordthe installation, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part use or operation of the Tenant’s Property in the Demised Premises. , (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and moving of the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided Property in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant or out of the Building, and to any drivewaysor (d) the act, sidewalksomission, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair misuse or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission neglect of Tenant or any employeeof its subtenants or its or their employees, agentagents, contractorcontractors or invitees. Upon request by Landlord, or invitee of Tenant shall be made at the sole cost furnish Landlord with true and expense complete copies of maintenance contracts and with copies of all invoices for work performed, confirming Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant ’s compliance with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease Article. Tenant shall promptly replace all scratched, damaged or broken doors and such failure continues glass in and about the Demised Premises and shall be responsible for a period all repairs, maintenance and replacement of more than thirty (30) days after receipt wall and floor coverings in the Demised Premises and for the repair and maintenance of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy all sanitary and continues beyond the time reasonably necessary to cure (electrical fixtures and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rentequipment therein.

Appears in 1 contract

Sources: Lease Agreement (Switch & Data Facilities Company, Inc.)

Repairs and Maintenance. (a) Except as specifically otherwise provided 10.1 The Landlord shall repair and maintain in subparagraphs (b) good order and (c) of this Article, Tenant, at its sole cost and expense and condition throughout the Term term of this Lease, shall keep the exterior and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside structure of the Premises and the common areasbuilding containing the Premises, including including, without limitation, the Premises' roof, wallswalls and foundation, all common areas and improvements in the Park, the plumbing, sewer and electrical lines and systems serving the Premises, and all parts of the elevator heating, plumbing, , electrical and heating, ventilation air conditioning systems within or serving the Premises installed or provided by Landlord, and the Landlord shall make any repairs necessary to make all exterior portions doors and windows air and water tight and in a safe condition. 10.2 Throughout the term of this Lease the Tenant shall repair and maintain in good order and condition the entire interior of the Premises including all glass in windows, doors or skylights, all parts of the plumbing and electrical systems within or on the Premises, and the Buildinglighting fixtures within the Premises. Tenant, utility linesat Tenant's expense, equipment shall purchase and other utility facilities install all lamps (including, but not limited to, incandescent and fluorescent) and ballasts used in the Building, which serve more than one tenant of the Building, and Premises. The Tenant agrees to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost keep both sides of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped outside glass areas in a neat and orderly clean condition. Tenant shall pay its Allocated Share of , and to store all trash and garbage within the cost of all work to be performed Premises or in "dumpsters" or other receptacles located outside the Premises in a location designated by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services which dumpsters and other receptacles shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made provided at the sole cost and Tenant's expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines as set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.Paragraph 14.1

Appears in 1 contract

Sources: Lease Agreement (Cyberian Outpost Inc)

Repairs and Maintenance. (a) Except as specifically otherwise At Landlord's expense except to the extent provided in subparagraphs Section 2.2.5, Landlord shall maintain the exterior of the Building, together with all landscaping and parking area adjacent to the Building, and all common areas of the Property in good order (bincluding snow removal) and repair; make all structural repairs (cincluding all subsurface repairs) to the Building, including but not limited to, all repairs to the foundation, roof, leaks in the balconies, structural components, exterior walls, and common area doors and windows; make all repairs (including all subsurface repairs) and maintenance to electric wiring, risers, plumbing, heating, air-conditioning (HVAC) and all other building system serving the Premises to the extent such repair and maintenance is not the result of this Article, or caused by (i) misuse of the Premises by the Tenant, at its sole cost or (ii) any leasehold improvements constructed by Tenant; and expense shall take such action as may be required, and throughout in the Term absence of this Leasea specific governmental directive as Landlord deems appropriate, to comply with applicable state and municipal laws or requirements of any public body or authority having jurisdiction over the Premises, to the extent such violations are not caused by (i) misuses of the Premises by the Tenant, or (ii) the leasehold improvements constructed by Tenant. Landlord shall keep replace, repair and maintain the HVAC System and the various components of the HVAC system serving the Premises and Building. Provided that the Tenant improvements constructed by Tenant are designed and built to meet the performance specifications in good order Exhibit F, Landlord shall operate the HVAC system so as to provide comfortable temperature and condition, free of accumulation of dirt humidity for normal office usage in the Premises and rubbishbuilding at a level consistent with first class suburban office buildings in the suburban Boston area. Landlord shall have no liability to Tenant for damage caused by leaks existing on the date hereof unless and until such leaks reappear after the same have been repaired. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise promptly notify Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such the necessity of any repairs to the Premises within a reasonable time which Tenant may have knowledge and for which Landlord may be responsible under the provisions of notice to Landlordthis paragraph. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal reasonably endeavor to notify Landlord of any conditions in quality and usefulness to those originally used in constructing the Building and (outside the Premises. (b) Landlord, throughout and Lot of which it has knowledge requiring Landlord attention. Tenant shall be responsible for the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing serviceoperation, maintenance and repairsrepair of any special or supplemental HVAC system or special or supplemental electrical, as limited under Article 6 with respect to capital expendituresplumbing or heating system, shall be included as a or portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlordthereof, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of installed by or for Tenant which serves the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereofexclusively. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease Agreement (Phoenix Technologies LTD)

Repairs and Maintenance. 14.01. Tenant shall take good care of the Demised Premises. Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise in and about the Demised Premises, except as a result from normal wear and tear, and the Building, as shall be required by reason of (ai) the performance of Tenant's Finish Work or Tenant's Changes; (ii) the installation, use or operation of Tenant's Property in the Demised Premises by Tenant, its agents or employees; (iii) the moving of Tenant's Property in or out of the Building; or (iv) the misuse or neglect of Tenant or any of its employees, agents, contractors or invitees; but Tenant shall not be responsible, and Landlord shall be responsible, for any of such repairs as are required by reason of Landlord's neglect or other fault in the manner of performing any of Tenant's Finish Work or Tenant's Changes which may be undertaken by Landlord for Tenant's account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents, or contractors. Except as specifically otherwise provided in subparagraphs (b) and (c) if required by the neglect or other fault of this ArticleLandlord or its employees, agents, or contractors, Tenant, at its sole cost expense, shall replace all scratched, damaged or broken doors or other glass in or about the Demised Premises and expense shall be responsible for all repairs, maintenance, and throughout replacement of wall and floor coverings in the Term Demised Premises and, for the repair and maintenance of this Leaseall lighting fixtures therein, except as a result from normal wear and tear. 14.02. Landlord, subject to the provisions of Section 5.04, shall keep and maintain the Premises Building and its fixtures, appurtenances, systems and facilities serving the Demised Premises, in good order and working order, condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets repair and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make with all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain due diligence all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, structural and otherwise, interior and exterior, as limited under Article 6 with respect and when needed in or about the Demised Premises, except for those repairs for which Tenant is responsible pursuant to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term any other provisions of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that . 14.03. Landlord shall have no responsibility liability to Tenant by reason of any inconvenience, annoyance, interruption, or injury to Tenant's business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease or required by law, to make in or to any repairs unless and until Landlord receives written notice portion of the need for such repair Building or Landlord has actual knowledge the Demised Premises, or in or to the fixtures, equipment of appurtenances of the need Building or the Demised Premises, provided that Landlord shall use due diligence with respect thereto and shall perform such work, except in case of emergency, at a time reasonably convenient to make Tenant and otherwise in such repair. Tenant shall pay its Allocated Share a manner as will not materially interfere with Tenant's use of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereofDemised Premises. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease Agreement (Intelligroup Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Leaseexpense, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt rubbish, and rubbishshall promptly make all non-structural repairs necessary to keep and maintain such good order and condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 1411, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord. Landlord shall provide the janitorial services for the Premises set forth on Exhibit “C”. Landlord shall make, throughout the Term of this Lease and at Landlord’s its sole cost and expensesexpense, shall make all repairs necessary repairs to maintain, as applicable, the footings Building plumbing, Building air conditioning and foundations electrical systems, windows, elevators, floors, security system and the structural steel columns and girders forming all other items that constitute a part of the Premises. (c) Landlord shall Building and are installed or furnished by Landlord, as well as all repairs necessary to maintain all HVAC systems, plumbing the structural soundness and electric systems serving function of the Building (including the roof and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVACexterior walls), electric parking lot(s), grounds, site lighting and plumbing servicecommon areas, maintenance and repairs, as limited under Article 6 with respect such costs to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs operating expenses to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Buildingextent permitted under Article 4 hereof; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need not be obligated for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for repairs until the expiration of a reasonable period of more than thirty (30) days time after receipt of written notice from Tenant specifying that such failurerepair is needed. In no event shall Landlord be obligated to repair any damage caused by any act, omission or if negligence of the Tenant or its employees, agents, invitees, licensees, subtenants or contractors; and Tenant shall be solely liable for such failure is of a nature to require more than thirty (30) days for remedy repair at Tenant’s sole cost and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rentexpense.

Appears in 1 contract

Sources: Lease (Cadista Holdings Inc.)

Repairs and Maintenance. (a) Except with respect to Landlord Repairs (as specifically otherwise provided in subparagraphs (b) and (c) of this Articledefined below), Tenant, at its sole cost and expense and throughout the Term of this LeaseTenant’s expense, shall keep and maintain the Premises in good order and condition. As used in this Lease, free of accumulation of dirt “maintain” shall include without limitation promptly making all repairs and rubbishany reasonably necessary replacements necessary to keep and maintain such in good order and condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise advising Landlord of Tenant’s desire to have Landlord make such repairs, in which case Tenant shall pay to Landlord for such repairs at Landlord’s then-standard rate. If requested by TenantTo the extent that ▇▇▇▇▇▇ requests that Landlord make any other repairs that are ▇▇▇▇▇▇’s obligation to make under this Lease, Landlord shall may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense along with the Premises within a reasonable time Administrative Fee. If Tenant has been in default under this Lease beyond any applicable notice and cure period, Landlord may elect to require that Tenant prepay the amount of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessarysuch repair. All Tenant repairs made by Tenant shall comply with Laws and utilize materials and equipment which that are at least equal in quality quality, number, and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord. In addition, throughout the Term of this Lease and Tenant shall maintain, at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlordexpense, Tenant’s cost for Supplemental HVAC, electric and plumbing servicePremises Water Heaters, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property and/or Alterations in a clean and orderly condition, free of accumulation of dirt, rubbish, snow safe manner and ice, and shall keep and maintain all landscaped areas in a neat and orderly conditionproper operating condition throughout the Term. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord“Tenant’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.Supplemental

Appears in 1 contract

Sources: Office Lease (BlackSky Technology Inc.)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, TenantLandlord, at its sole cost and expense and throughout (subject to reimbursement to the Term of this Leaseextent provided in Section 9), shall maintain and keep in good and maintain working order and repair and make any necessary replacements to the Property including, without limitation, the following (except to the extent the same are contained in, and exclusively serve, the Premises in good order and condition, free of accumulation of dirt and rubbish. which case Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make be responsible for such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. repair): (di) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, wallsfoundation, structural components, and exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant walls of the Building, exterior doors and to any drivewayswindows, sidewalks(ii) walks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs curbs, access ways, driveways, and access ways adjoining other exterior areas, (iii) plumbing systems and fixtures, (iv) the Property in a clean heating, ventilation and orderly conditionair conditioning systems, (v) all electrical and mechanical systems, (vi) security systems, and (vii) sprinkler and life-safety systems. Landlord shall keep all parking and other exterior areas free of accumulation of dirt, rubbish, snow and ice, and fully illuminated at night, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share Without limiting the generality of the cost foregoing, Landlord shall make all repairs and replacements required by all applicable federal, state and local laws, regulations, ordinances and orders and/or by the requirements of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereofany insurance underwriters or underwriting organizations. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything contained herein or in the other provisions of the Lease to the contrary, repairs Landlord shall have no repair, maintenance or compliance obligations with respect to the Premisesinterior of the Basement except to extent necessary to provide the utility services referred to in Section 11. Subject to Landlord's obligations set forth above, Building Tenant agrees to maintain the interior of the Premises and any Excess Space occupied by Tenant in the same condition, order and repair as they are at the Commencement Date, excepting reasonable wear and tear arising from the use thereof and damage by fire or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employeeother casualty. In addition, agent, contractor, or invitee of Tenant shall be made have the right, but not the obligation, at the Tenant's sole cost and expense expense, to take any steps that may be required by applicable law to permit the continued legal occupancy of Tenantthe Basement (subject to the terms and provision of this Lease, except including without limitation Landlord's consent rights to the extent required under Section 10, and subject to not materially interfering with the business operations of insurance proceeds received by Landlordany other tenant in the Building), it being agreed that if Tenant elects not to take any such steps, Tenant shall have the right to vacate the Basement, in which event Tenant shall have no further obligations hereunder with respect to such space. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (hb) If Landlord shall fail to perform not commence any of its obligations under this Lease and such failure continues for a period of more than thirty repairs or maintenance required hereunder within the fifteen (3015) days after receipt of following written notice from Tenant specifying that such failure, repairs or maintenance are necessary (or if such failure is of resulting in the Premises or a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (portion thereof being untenantable and Landlord has not undertaken procedures to cure commenced the default same within such thirty (3072 hours after written notice) day period and diligently pursued such efforts to complete such cure), then Tenant may, in addition at its option, cause such repairs to any other remedy available at law be made and shall furnish Landlord with a statement of the cost of such repairs or in equity, maintenance upon at least five substantial completion thereof. Landlord shall reimburse Tenant for the cost of such repairs within ten (510) business days prior written notice, incur any reasonably necessary expense to perform of the obligation date of Landlord specified in such notice and deduct such expense the statement from Tenant setting forth the Fixed Rentamount due.

Appears in 1 contract

Sources: Lease Agreement (Syratech Corp)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) 14.01 Tenant shall take good care of the Demised Premises and (c) of this Articlethe fixtures and appurtenances therein, Tenant, and at its sole cost and expense shall make all repairs thereto, as and throughout when needed to preserve them in good working order and condition except as otherwise provided in Section 14.02 hereof. In addition, Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Term Demised Premises and the Building as shall be required by reason or (i) the performance or existence of this Leasework by Tenant necessary to suit the Demised Premises to Tenant's initial occupancy or in connection with Tenant's changes, (ii) the installation, use or operation of Tenant's Property in the Demised Premises, (iii) the moving of Tenant's Property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors. Tenant shall not be responsible, and Landlord shall be responsible, for any repairs to the Demised Premises as are required by reason of Landlord's neglect or other fault in the manner of performing any work provided for in Article 2 which Landlord is to perform in Tenant's changes which may be undertaken by Landlord for Tenant's account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. 14.02 Landlord shall keep and maintain the Premises Building and its fixtures, appurtenances, systems and facilities (including the heating, ventilating and air-conditioning systems and the central or core elevator and plumbing systems), serving the Demised Premises, in good order working order, condition and condition, free of accumulation of dirt repair and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, interior and exterior, except as limited under Article 6 with respect indicated in the second sentence of Section 14.01, as and when needed in the Building, except for those repairs for which Tenant is responsible pursuant to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term any other provisions of this Lease, shall make and subject to all necessary repairs to the Building outside other provisions of the Premises and the common areasthis Lease, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be but not limited to the parking areas and the sidewalk entrances to the Buildingprovisions of Article 22. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Office Lease Agreement (Star Telecommunications Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article17.01. Tenant shall, Tenant, at its sole cost and expense and throughout the Term Term, take good care of this Leasethe Demised Premises, the fixtures and appurtenances therein, and shall not do, suffer, or permit any waste with respect thereto. Tenant shall keep and maintain the Demised Premises in good order including without limitation all building equipment, windows, doors, loading bay doors and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systemsshelters, plumbing and electric electrical systems, heating, ventilating and air conditioning ("HVAC") systems serving (whether located in the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside interior of the Demised Premises and or on the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition. Tenant shall, free at Landlord's option, keep and maintain in a clean and orderly condition all HVAC systems and any other mechanical or other systems exclusively serving the Demised Premises which are located in whole or in part outside of accumulation the Demised Premises (it being understood and agreed that if Landlord shall elect to keep and maintain said systems, then the cost of dirt, rubbish, snow and ice, and same shall be included in Operating Expenses). Tenant shall keep and maintain all landscaped areas exterior components of any windows, doors, loading bay doors and shelters serving the Demised Premises in a neat clean and orderly condition. The phrase "keep and maintain" as used herein includes repairs, replacement and/or restoration as appropriate. Tenant shall pay not permit or suffer any over-loading of the floors of the Demised Premises. Tenant shall be responsible for all repairs, interior and exterior, structural and nonstructural, ordinary and extraordinary, in and to the Demised Premises, and the Building (including the facilities and systems thereof) and the Common Areas the need for which arises out of (a) the performance or existence of the Tenant's Work or alterations, (b) the installation, use or operation of the Tenant's Property in the Demised Premises, (c) the moving of the Tenant's Property in or out of the Building, or (d) the act, omission, misuse or neglect of Tenant or any of its Allocated Share subtenants or its or their employees, agents, contractors or invitees. Upon request by Landlord, Tenant shall furnish Landlord with true and complete copies of maintenance contracts and with copies of all invoices for work performed, confirming Tenant's compliance with its obligations under this Article. In the event Tenant fails to furnish such copies, Landlord shall have the right, at Tenant's cost and expense, to conduct such inspections or surveys as may be required to determine whether or not Tenant is in compliance with this Article and to have any work required of Tenant performed at Tenant's cost and expense. Tenant shall promptly replace all scratched, damaged or broken doors and glass in and about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and for the repair and maintenance of all sanitary and electrical fixtures and equipment therein. The Tenant shall also arrange for its own cleaning services and rubbish removal, subject to the right of Landlord, at Landlord's option to perform such services and include the cost of such services in Operating Expenses. Tenant shall promptly make all work repairs in or to the Demised Premises for which Tenant is responsible, and any repairs required to be made by Tenant to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other systems of the Building shall be performed only by contractor(s) designated by Landlord. Any other repairs in or to the Building and the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord pursuant at Tenant's expense; but Landlord may, at its option, before commencing any such work or at any time thereafter, require Tenant to this Paragraph furnish to Landlord such security, in form (eincluding, without limitation, a bond issued by a corporate surety licensed to do business in New Jersey) and amount, as Additional Rent Landlord shall deem necessary to assure the payment for such work by Tenant. 17.02. Landlord shall make all structural repairs and replacements, including, specifically, the roof and roof membrane (except as hereinabove provided in Article 6 hereofSection 17.01) and the cost thereof shall be included in Operating Expenses, for which Tenant shall pay Tenant's Fraction. Landlord’s obligation to provide Landlord shall keep and maintain the Common Areas and shall procure landscaping and snow removal services for the Building and the cost thereof shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contraryincluded in Operating Expenses, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the which Tenant shall pay its Allocated Share Tenant's Fraction. 17.03. Tenant shall not permit or suffer the overloading of the cost thereof floors of the Demised Premises beyond a total combined load of 250 pounds per square foot, or such lesser amount as Additional Rent may be applicable to any mezzanine or second floor area. 17.04. Except as otherwise expressly provided in Article 6 hereof. (h) If this Lease, Landlord shall fail have no liability to perform any of its Tenant, nor shall Tenant's covenants and obligations under this Lease and such failure continues for a period be reduced or abated in any manner whatsoever, by reason of more than thirty (30) days after receipt of written notice any inconvenience, annoyance, interruption or injury to business arising from Tenant specifying such failureLandlord's doing any repairs, maintenance, or if such failure changes which Landlord is of a nature required or permitted by this Lease, or required by Law, to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, make in addition or to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform portion of the obligation of Landlord specified in such notice and deduct such expense from the Fixed RentBuilding.

Appears in 1 contract

Sources: Lease (Kasper a S L LTD)

Repairs and Maintenance. (a) Except By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as specifically otherwise provided being in subparagraphs (b) good and (c) of this Articlesanitary order, Tenantcondition and repair. Tenant shall, at its Tenant's sole cost and expense and throughout the Term of this Leaseexpense, shall keep and maintain the Premises Premises, in good order good, clean and conditionfirst class condition and repair. In addition, free of accumulation of dirt and rubbishTenant shall be responsible for all repairs made necessary by Tenant or its invitees, agents, employees, contractors or subcontractors. Landlord acknowledges that Tenant shall have no obligation to repair or maintain any areas of the option Project outside of replacing lightsthe Premises, ballastsunless such repair or maintenance is required due to acts of Tenant or its invitees, tubesagents, ceiling tilesemployees, outlets contractors or subcontractors. Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and similar equipment itself or it subcontractors, Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in the ability Premises or which exclusively serves the Premises (collectively, "Cabling"). Tenant shall, at Tenant's expense, contract with a reputable contractor to advise Landlord of Tenant’s desire to have Landlord make such repairsmaintain the Cabling. If requested by Tenant, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make such any repairs to the Building or to the mechanical, electrical or heating, ventilating, air conditioning, fire sprinkler or energy management control systems of the Premises within a reasonable time of notice to or the Building, unless such repairs are previously approved in writing by Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain be responsible for maintaining and repairing all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior structural portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and shall maintain the roof, sidewalls, and foundations of the Building in good, clean and safe condition and repair. Landlord shall be entitled to utilize its roof contractor at Tenant's expense to undertake the sealing of any roof penetrations caused by Tenant Alterations. Landlord shall also maintain all landscaping, driveways, sidewalksparking lots, curbsfences, loadingsigns, parking sidewalks and landscaped areasthe other Project Common Areas to the extent such maintenance is not the responsibility of any owners' association or other person or entity under any recorded covenants, conditions and restrictions. To the extent applicable, Landlord shall be responsible for any basic plumbing, heating, ventilating, air conditioning, sprinkler and electric systems within the Building core (but not any conduits or connections thereto or distribution systems thereof within the Premises, and not any such systems serving the Premises and not any other exterior improvements for premises within the Building; provided). Except as otherwise provided in this Lease, however, that Landlord shall have no responsibility liability to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord nor shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its Tenant's obligations under this Lease and such failure continues for a period be reduced or abated in any manner whatsoever by reason of more than thirty (30) days after receipt any inconvenience, annoyance, interruption or injury to business arising from Landlord making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenants' lease or required by law to make to any portion of the Building or the Premises. Landlord shall use reasonable efforts to minimize any interference with Tenant's business at the Premises. If Tenant fails to maintain the Premises as required in Section 11(a), Landlord may give Tenant 30 days' written notice from to do such acts as are reasonably required to so maintain the Premises. If Tenant specifying fails to promptly commence such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default work within such thirty (30) day time period and diligently pursued prosecute it to completion, then Landlord shall have the right to do such efforts to complete acts and expend such cure), funds at the expense of Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any as are reasonably necessary expense required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand with interest at the obligation of Landlord specified in such notice and deduct such expense Prime Rate plus 2% per annum, from the Fixed Rentdate of such work, but not to exceed the maximum amount then allowed by law. Landlord shall have no liability to Tenant for any damage, inconvenience, or interference with the use of the Premises by Tenant as the result of performing any such work. For the purpose of this Lease, the "Prime Rate" shall mean the rate, or base rate, reported in the Money Rates column or section of The Wall Street Journal as being the base rate on corporate loans at large U.S. money center commercial banks (whether or not such rate has actually been charged by any such bank) on the first date on which The Wall Street Journal is published in the month preceding the month in which the subject costs are incurred.

Appears in 1 contract

Sources: Standard Lease Agreement (Myecheck, Inc.)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article18.1 Landlord shall, Tenant, at its sole cost and expense and throughout the Term term of this Lease, shall at its own cost and expense, and without any cost or expense to Tenant, keep and maintain the Premises in good order condition and conditionrepair the structural components of the footings, free foundation, bottom floor slab, and load bearing walls of accumulation of dirt the Premises, subject to wear and rubbishtear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings. Tenant shall have the option of replacing lightsIn addition, ballastsLandlord shall, tubesat its own cost and expense, ceiling tiles, outlets and similar equipment itself without any cost or it shall have the ability expense to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, promptly repair any patent or latent defects in the design, materials or construction of the work required of Landlord shall make such repairs to the Premises within a reasonable time extent of notice to Landlord. When used ’s warranties in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the PremisesSection 14.2. (b18.2 Except as otherwise set forth in Section 7.2(n) Landlordand 18.1, Landlord shall, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term term of this Lease, shall make all necessary repairs subject to the Building outside of reimbursement by Tenant as Operating Expenses under Section 7.1 and without any cost or expense to Landlord, keep and maintain in good, sanitary and neat order, condition, and repair, the Premises and the common areasevery part thereof (subject to wear and tear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings), including the roofstructural and capital improvements, wallsall improvements, exterior portions of the Premises and the Building, utility linesfixtures, equipment and other utility facilities personal property built or installed in the Building, which serve more than one tenant of the BuildingPremises, and all appurtenances thereto, including but not limited to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs curbs, roads, driveways, lighting standards, landscaping, sewers, water, gas and access ways adjoining the Property in a clean electrical distribution systems and orderly conditionfacilities, free of accumulation of dirt, rubbish, snow and icedrainage facilities, and all signs, both illuminated and non-illuminated that are now or hereafter on the Premises. Without in any way limiting the foregoing, Landlord shall keep maintain the lines designating the parking spaces in good condition and maintain paint the same as often as may be necessary, so that they are easily discernable at all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to times; resurface the parking areas as necessary to maintain it in good condition; paint any exterior portions of the Building as necessary to maintain them in good condition; and maintain the sidewalk entrances to the Buildingroof in good condition. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of 18.3 Tenant shall be made at the sole cost and expense of Tenantmaintain sightly screens, except to the extent of insurance proceeds received by Landlordbarricades or enclosures around any waste or storage areas. (g) Landlord shall provide 18.4 Tenant with janitorial services for hereby waives Civil Code Sections 1941 and 1942 relating to a landlord’s duty to maintain the Premises Monday through Friday of each week in accordance with the guidelines set forth a tenantable condition, and under said sections or under any law, statute or ordinance now or hereafter in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereofeffect to make repairs at Landlord’s expense. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Sublease (Salmedix Inc)

Repairs and Maintenance. (a) 18.1 Except as specifically otherwise provided set forth in subparagraphs (b) and (c) of this ArticleSection 18.1, TenantTenant shall, at its sole cost and expense and throughout the Term term of this Lease, shall at its own cost and expense (subject to recovery under any warranties assigned to Tenant under Section 14.3), and without any cost or expense to Landlord, keep and maintain in good, sanitary and neat order, and repair, the Premises in good order and conditionevery part thereof (subject to wear and tear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings), free of accumulation of dirt including, without limitation, all improvements, fixtures, furnishings, and rubbishsystems and equipment therein (including, without limitation, plumbing fixtures and equipment serving the Premises, the HVAC systems and equipment exclusively serving the Premises, and all other Premises electrical and mechanical systems). Tenant shall have Notwithstanding the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenantforegoing, Landlord shall make such be responsible for repairs to the (i) those portions of the following that doe not exclusively serve the Premises within a reasonable time HVAC, plumbing, Building safety systems, electrical systems, plumbing fixtures, and (ii) exterior walls, foundation and roof of notice to Landlord. When used in this Article 14the Building, and the term “repairs” shall include replacements structural portions of the floors of the Building, and renewals when necessary. All repairs made by Tenant shall utilize materials the base building systems and equipment which are at least equal in quality and usefulness to those originally used in constructing of the Building (and all such repairs by Landlord shall be included in Direct Expenses to the Premises. (b) Landlordextent consistent with the terms of Article 7, throughout the Term of this Lease above, and otherwise shall be at Landlord’s sole cost and expensesexpense), shall make all necessary repairs except to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary extent that such repairs are required due to the Building outside negligence or willful misconduct of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the BuildingTenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall have no responsibility nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to make pay any repairs unless and until deductible in connection therewith. Landlord receives written notice of may, but shall not be required to, enter the need for such repair or Landlord has actual knowledge of the need Premises at all reasonable times to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect alterations, improvements or additions to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant the Premises or to the Building and or to any sidewalks, parking areas, curbs and access ways adjoining equipment located in the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and Building as Landlord shall keep and maintain all landscaped areas in a neat and orderly conditiondesire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant shall pay its Allocated Share hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided California Civil Code or under any similar law, statute, or ordinance now or hereafter in Article 6 hereof. Landlord’s obligation to provide snow removal services effect. 18.2 There shall be limited no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the parking areas and the sidewalk entrances making of any repairs, alterations or improvements in or to the Building. (f) Notwithstanding anything herein to the contrary, repairs to any portion of the Premises, Building or Project in or to improvements, fixtures, equipment and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employeepersonal property therein, agent, contractor, or invitee of Tenant shall be made at the sole cost unless and expense of Tenant, except to the extent of insurance proceeds received by Landlord’s negligent or intentional misconduct. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease (Ligand Pharmaceuticals Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) Throughout the term of this ArticleLease, Tenant, at its sole cost and expense and throughout the Term of this Leaseexpense, shall keep and (i) maintain the Premises in good order condition the demised-premises and conditionthe fixtures and equipment therein and that part of the grounds on which the premises are situated, free and (ii) except as otherwise provided in Section 13 hereof, make all repairs, interior or exterior required to be made thereto, provided, however, that Landlord, at its expense, shall be responsible for structural repairs (the term "structural" shall include the roof, walls, columns, and floor) to the building unless the repair shall be of accumulation damage caused by the misuse, act or neglect of dirt and rubbish. Tenant or Tenant's agents, employees or business invitees, in which case all such repairs not fully covered by Landlord's insurance shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested be made by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlordat Tenant's expense. When Wherever used in this Article 14, herein the term "repairs" shall include replacements and renewals when necessaryall necessary replacements. All repairs made by Tenant shall utilize materials and equipment which are be made at least equal in quality and usefulness class to those originally used in constructing the Building and the Premisesoriginal work. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord Tenant shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property demised premises in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work not cause nor permit any rubbish or other materials to be performed placed on the adjoining areas retained by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Buildingnor cause or permit any obstruction of such areas. (fc) Notwithstanding anything herein Except as aforesaid, or as otherwise expressly provided herein, Landlord shall not be required to furnish any services or facilities or to make any repair or alteration in or to the contrary, repairs to demised premises other than the Premises, Building or Project and its appurtenant common areas made necessary repair of damages caused by a negligent or willful the act or omission neglect of Landlord or Landlord's agents, employees or invitees. Except as aforesaid, Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the hereby assumes full and sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services responsibility for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto condition, operation, repair, replacement, maintenance and the Tenant shall pay its Allocated Share management of the cost thereof as Additional Rent as provided in Article 6 hereofdemised premises. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease Agreement (Aerobic Creations, Inc.)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systemsin such condition and operating order (and shall keep in such repair and condition), plumbing and electric systems serving in a manner substantially consistent with the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairsoperational standards employed by landlords of Comparable Buildings, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior structural portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and to any drivewaysmullions, columns, beams, shafts (including elevator shafts), stairs, parking areas, stairwells, escalators, elevator cabs, plazas, pavement, sidewalks, curbs, loadingentrances, parking landscaping, art work, sculptures, public men's and landscaped areaswomen's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "BUILDING STRUCTURE") and the base building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems and other exterior improvements base building systems and equipment which were not constructed by Tenant and are not located within the Premises (collectively, the "BUILDING SYSTEMS") and otherwise operate the Project in a manner and condition materially comparable with the standards of operation as are generally customary for Comparable Buildings. Notwithstanding anything in this Lease to the Building; providedcontrary, howeverTenant shall be required to repair the Building Structure and/or the Building Systems to the extent required because of (i) Tenant's use of the Premises for other than normal and customary business office operations, that Landlord shall have no responsibility to make any repairs or (ii) the negligence or willful misconduct of Tenant or the Tenant Parties, unless and until Landlord receives written notice of to the need for extent such repair damage is covered by insurance carried or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, required to be performed carried by Landlord pursuant to this Paragraph 14(d) Lease and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as Additional Rent qualified and conditioned will hereinafter be defined as the "BS/BS EXCEPTION"). Except as provided as part of Landlord's obligations set forth above or elsewhere in Article 6 this Lease, Tenant shall, at Tenant's own expense, pursuant to the terms of this Lease, including without limitation Paragraph 7 hereof. , keep the Premises, including all improvements (eincluding all existing improvement and all Alterations) Landlord and fixtures, in good order and repair condition at all times during the Lease Term (but such obligation shall keep and maintain all common areas appurtenant not extend to the Building Structure and any sidewalksthe Building Systems except pursuant to the BS/BS exception). In addition, parking areasexcept as provided as part of Landlord's repair obligations set forth above or elsewhere in this Lease, curbs Tenant shall, at Tenant's own expense but under the supervision and access ways adjoining subject to the Property in a clean and orderly condition, free prior approval of accumulation of dirt, rubbish, snow and iceLandlord, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share within any reasonable period of the cost of all work to be performed time specified by Landlord Landlord, pursuant to the terms of this Lease, including without limitation Paragraph (e) as Additional Rent as provided in Article 6 7 hereof, promptly. Landlord’s obligation to provide snow removal services shall be limited and adequately repair all damage to the parking areas Premises and replace or repair all damaged or broken fixtures and appurtenances (but such obligation shall not extend to the Building Structure and the sidewalk entrances Building Systems except pursuant to the Building. (f) Notwithstanding anything herein BS/BS exception); provided however, that, at Landlord's option, but only if Tenant fails to the contrary, make such repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than replacements within thirty (30) days after receipt notice thereof from Landlord (or such sooner period of written notice time in the case of an emergency or to otherwise to protect life and property), Landlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord the cost thereof, sufficient to reimburse Landlord for all costs arising from Tenant specifying Landlord's involvement with such failurerepairs and replacements to the extent not duplicative of Operating Expenses and to the extent the work is not performed by people whose salaries are paid out of Operating Expenses forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements and additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by applicable Regulations; provided, however, except for emergencies, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially or adversely interfere with Tenant's use of, or if such failure is ingress or egress to, the Premises. Tenant shall, at Tenant's own expense, pursuant to the provisions of a nature to require more than thirty (30) days for remedy this Lease, including without limitation Paragraph 7 hereof, keep the Premises, including all improvements, fixtures and continues beyond existing improvements, Alterations, fixtures, and the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure floor or the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant mayfloors of me Building on which the Premises are located, in addition good order, repair and condition at all times during the Term (but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception). Tenant hereby waives any other remedy available at law and all rights under the benefits of Section l of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Renteffect.

Appears in 1 contract

Sources: Office Lease (L90 Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant , and shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets promptly make all non-structural repairs necessary to keep and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make maintain such repairsgood order and condition. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). Tenant shall not use or permit the use of any portion of the Premises for outdoor storage. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) . Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systemsPremises and the HVAC, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, windows, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make for such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) . Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereofhereto. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Gross Lease (Auxilium Pharmaceuticals Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary to keep and maintain such good order and condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the PremisesPremises other than Tenant’s specialty HVAC system or electrical system which shall be maintained exclusively by Tenant at Tenant’s sole cost and expense. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph Article 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph subaragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail Notwithstanding the foregoing to perform any of its obligations under this Lease the contrary, in the event that Tenant is not satisfied with the maintenance, repair and janitorial services for the Premises provided by the Landlord, and such failure continues for a period of more than thirty service is not corrected within sixty (3060) days after following receipt by Landlord of written notice from setting forth the precise nature of the deficiencies, then Tenant specifying such failureshall have the right, or if such failure is at its expense, to provide for its own maintenance, repair and janitorial services of the Premises, which shall be performed in a nature to require more than thirty (30) days for remedy manner consistent with first class office buildings, and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct event, the cost of performing such expense services shall be deducted from the Fixed RentRecognized Expenses.

Appears in 1 contract

Sources: Triple Net Lease (Qad Inc)

Repairs and Maintenance. (ai) Except Tenant shall, subject to Landlord's obligations as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenanthereunder provided, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout all times during the Term of this Lease or any extension thereof, and at Landlord’s Tenant's sole cost and expensesexpense, shall make keep, maintain and repair the Premises and every portion thereof and every improvement therein, in good and sanitary order and condition (usual wear and tear excepted), including without limitation all necessary maintenance and repairs to the footings and foundations and the structural steel columns and girders forming a part all portions of the Premises. (c) Landlord shall maintain , and all HVAC exterior entrances, all glass, window casements, show window mouldings, all partitions, doors, doorjams, door closers, or hardware, fixtures, equipment, electrical lighting and systems, plumbing and electric plumbing fixtures, ducts, pipes, wiring, conduits and all required air conditioning and healing systems serving repairs, exclusive of normal maintenance services. Tenant agrees that it will not, nor will it authorize any person to go onto the roof of the Building and without the Premises. Tenant’s Allocated Share prior written consent of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (dii) LandlordLandlord shall, throughout subject to receiving Tenant's Percentage of Operating Expenses, maintain in good and sanitary condition and repair the Term roof of this Lease, shall make all necessary repairs to the Building outside in which the premises are located and the normal maintenance services for the HVAC for the Premises, if any, and paint the exterior of the Premises and the common areas, including the roof, walls, exterior portions of Building within which the Premises are located as and the Building, utility lines, equipment and other utility facilities when such painting becomes reasonably necessary in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord's sole discretion. Landlord shall have no responsibility not be required to make any repairs to the roof unless and until Tenant has notified Landlord receives written notice in writing of the need for such repair or and Landlord has actual knowledge shall have a reasonable period of the need time hereafter to make such commence and complete said repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (eiii) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the The cost of all work to be performed by any maintenance and repairs on the part of Landlord pursuant to provided for in this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services 16 shall be limited to the parking areas and the sidewalk entrances to the Buildingconsidered Operating Expenses as herein defined. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease Agreement (Kofax Image Products Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) 16.1 Landlord and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, Association shall keep and maintain the Premises in good order and order, condition, free of accumulation of dirt and rubbish. Tenant shall have repair the option of replacing lights, ballasts, tubes, ceiling tiles, outlets Common Areas and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, wallsfoundations, exterior portions of walls (except for the Premises interior faces), and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant roof of the Building, and to any drivewaysall plumbing, sidewalksmechanical, curbselectrical, loadingheating, parking air conditioning and landscaped areas, ventilation equipment and other exterior improvements for the Building; provided, however, systems that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice service portions of the need for such repair Building other than or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant addition to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free Premises to their point of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to connection into the Premises, Building or Project and its appurtenant common areas made necessary except (as to all items) for any damage caused by a negligent or willful any act or omission of Tenant or any employeeits employees, agentagents, contractorinvitees, licenses, or invitee contractors. Landlord shall not be obligated to repair the exterior or interior of doors, windows (except for the exterior windows), and plate glass, and/or showcases used on or in the Premises, and damage caused by any casualty or act of God, except as otherwise provided for herein. 16.2 Excepting all responsibilities of Landlord under this Lease, Tenant shall keep and maintain in good order, condition and repair, except for reasonable use and wear and damage by fire or other casualty, the Premises and the Building including without limitation, all interior building fixtures, walls, floors, ceilings, appliances and similar equipment and the exterior and interior portions of doors, windows (excluding the exterior windows), plate glass, and showcases in the Premises. Notwithstanding anything to the contrary herein, Tenant shall have no obligation to repair or maintain the Building infrastructure or systems, including the roof, foundation, structural elements, exterior shell, plumbing, curtain wall, elevators, heating, ventilation, air conditioning, or mechanical systems that service portions of the Building other than from the point of connection within Tenant’s Premises. 16.3 Any and all repairs effected by Tenant shall be performed in a professional workmanlike manner, by licensed contractors, in compliance with all applicable Laws, and Tenant or Tenant’s contractors shall obtain all permits and approvals of government agencies required by applicable Laws in connection therewith. 16.4 If Landlord deems any repairs required to be made at the sole cost and expense of by Tenant necessary, it may demand that Tenant make them by giving written notice to Tenant, except and if Tenant refuses or neglects to the extent of insurance proceeds received by Landlord. commence such repairs within ten (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (3010) days after receipt of written notice from Tenant specifying such failurenotice, or if fails to diligently prosecute such failure is repairs thereafter, Landlord may make or cause such repairs to be made. If Landlord makes or causes repairs to be made, Landlord shall not be responsible to Tenant for any loss or damage that may accrue to Tenant’s business by reason of the repair work, and Tenant shall, on demand, immediately pay to Landlord the cost of the repairs. Tenant waives the provisions of Sections 1941 and 1942 of the Civil Code of the State of California and any and all other statutes or Laws permitting repairs by a lessee at the expense of a nature lessor or to require more than thirty (30) days for remedy and continues beyond terminate a lease by reason of the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure condition of the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed RentPremises.

Appears in 1 contract

Sources: Office Lease (Zendesk, Inc.)

Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (a) if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord. Landlord shall provide a dumpster or compactor at the freight loading dock on the west side of the Building for Tenant’s disposal of non-hazardous/non-controlled substances, and all costs relating to such dumpster shall be included as Operating Expenses. 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 and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as specifically otherwise provided in subparagraphs (b) good a condition as when received, ordinary wear and (c) of this Articletear excepted; and shall, at Landlord’s request, 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 Landlord’s Work. Tenant, at its sole cost and expense and throughout the Term of this Leaseexpense, shall keep supply its own janitorial and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and trash services for the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) 18.3 Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost not be liable for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility failure to make any repairs or to perform any maintenance that is an obligation of Landlord unless and until such failure shall persist for an unreasonable time after Tenant provides Landlord receives with written notice of the need of such repairs or maintenance. 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 made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such repair work as said person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord has actual knowledge and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the need to make such repairBuilding and the Project. Tenant In the event of a casualty described in Article 25, Article 25 shall pay its Allocated Share apply in lieu of this Article. In the cost event of all repairseminent domain, as limited under Article 6 with respect to capital repairs, to be performed 26 shall apply in lieu of this Article. 18.6 Costs incurred by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided Article shall constitute Operating Expenses, unless such costs are incurred due in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant whole or in part to the Building and any sidewalksact, parking areasneglect, curbs and access ways adjoining the Property fault or omissions of Tenant or its employees, agents, contractors or invitees, in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. which case Tenant shall pay its Allocated Share of to Landlord the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas such repairs and the sidewalk entrances to the Buildingmaintenance. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease (Epizyme, Inc.)

Repairs and Maintenance. (a) Except Tenant shall, at Tenant's sole expense, keep and maintain the Premises, including, without limitation, interior walls, roof membrane, heating, ventilation and air conditioning systems, operating systems, fire sprinklers, alarms, all windows (interior and exterior), window frames, plate glass and glazing, truck doors, plumbing systems (such as specifically otherwise provided water and drain lines, sinks, toilets, faucets, drains, showers, and water fountains), electrical systems (such as panels, conduits, outlets, and lighting fixtures, including lamps, bulbs, tubes, and ballasts), heating and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, 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, that are part of the Premises (collectively, the "Building Systems"). Tenant will keep such items in subparagraphs good and clean condition and repair (b) and (c) and, subject to the further provisions of this ArticleSection 10(a), Tenantby replacing such items as needed), and deliver to Landlord physical possession of the Premises at its sole cost and expense and throughout the Term termination of this LeaseLease or any sooner expiration thereof, in good condition and repair, reasonable wear and tear excepted. Except to the extent of Landlord's "Grounds Maintenance" as set forth in Section 10(f), Tenant shall keep and maintain the Premises Outside Area in good order good, safe and conditionsanitary order, free condition and repair and in compliance with Legal Requirements in accordance with Section 6(e). All repairs and replacements required of accumulation Tenant shall be promptly made with new materials of dirt like kind and rubbishquality. If and to the extent Tenant's obligations under this Section require replacement of a Building System, Tenant shall have the option right to cause Landlord to perform such replacement, and Tenant shall pay to Landlord as Additional Rent the amortized cost of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself such improvement over the useful life of such repair or it shall have the ability improvement pursuant to advise Landlord of Tenant’s desire to have Landlord make such repairsa commercially reasonable amortization schedule. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and work affects the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside elements of the Premises and or if the common areas, including the roof, walls, exterior portions estimated cost of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant any item of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge replacement is in excess of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. Five Thousand Dollars (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure$5,000), Tenant mayshall first obtain Landlord's written approval of the scope of the work, in addition the plans for the work, the materials to any other remedy available at law or in equitybe used, upon at least five (5) business days prior written notice, incur any reasonably necessary expense and the contractor hired to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rentwork, which approval shall not be unreasonably withheld or delayed.

Appears in 1 contract

Sources: Office / R&d Lease (Cacheflow Inc)

Repairs and Maintenance. The provisions of Sections 18.1 and 18.2 of the Existing Lease shall apply solely to the Bent Premises. With respect to the Binney Premises, Landlord’s and Tenant’s repair obligations shall be as follows: 12.1. Landlord shall repair and maintain the structural and exterior portions of the Binney Building, including roofing and covering materials; foundations (a) excluding any architectural slabs, but including any structural slabs); exterior walls; all common areas; plumbing; fire sprinkler systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises and extends into 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 12.2 below); elevators; and base Building electrical systems installed or furnished by Landlord. 12.2. Except as specifically otherwise provided in subparagraphs (b) and (c) for services of this ArticleLandlord, if any, required by Section 12.1 hereof, Tenant shall at Tenant, at its ’s sole cost and expense (a) be responsible for access (but this reference shall not make Tenant responsible for the Common Areas) and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs security to the Binney Premises within utilizing a reasonable time of notice to Landlord. When used in this Article 14card system compatible with the base building system at the Binney Building, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout maintain and keep the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. Binney Premises (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be but not limited to the parking areas portion of the HVAC system that includes the first damper or isolation valve and extends into and through the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Binney Premises, Building any supplemental HVAC serving the Binney Premises, and any other systems or Project equipment exclusively serving the Binney Premises) and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employeeevery part thereof in good condition and repair, agentdamage thereto from ordinary wear and tear excepted, contractorand shall, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. within ten (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (3010) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant specifying such failureshall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear, damage resulting from casualty or eminent domain, and damage resulting from the negligence or willful misconduct of Landlord, its agents, contractors, or if such employees or from the failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform its obligations under the obligation of Landlord specified Lease in such notice each case excepted; and deduct such expense shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Fixed RentBinney 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.

Appears in 1 contract

Sources: Lease (Momenta Pharmaceuticals Inc)

Repairs and Maintenance. 18.1 Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and Project, including foundations, exterior walls, load bearing walls, windows, plate glass, roofing, and roofing covering materials, and plumbing, fire sprinkler system, heating, ventilating, air conditioning, elevator, and electrical systems installed or furnished by Landlord (a) and not part of the Tenant Improvements), subject to reimbursement by Tenant as its Pro Rata Share of Operating Expenses to the extent provided by Section 7. However, if such maintenance or repairs are required because of any act, neglect, fault of or omissions of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord the costs of such maintenance and repairs attributable to Tenant's act, neglect, fault or omission. 18.2 Except as specifically otherwise provided set forth in subparagraphs (b) and (c) Section 18.1, Tenant shall, throughout the term of this Article, TenantLease, at its Tenant's sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises and every part thereof in good order condition and conditionrepair, free including plumbing, fire sprinkler, heating, ventilating, air conditioning, elevator, and electrical systems installed as part of accumulation the Tenant Improvements, except for damage thereto from causes beyond the reasonable control of dirt Tenant and rubbishordinary wear and tear. Tenant shall have upon the option expiration or earlier termination of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to term hereof surrender the Premises within a to Landlord in the same condition as when received, ordinary wear and tear and damage from causes beyond the reasonable time control of notice Tenant excepted. Notwithstanding the foregoing, Tenant may elect not to Landlord. When used in this Article 14replace major components of the heating, the term “repairs” shall include replacements ventilating, and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a air conditioning system installed as part of the Premises. Tenant Improvements which fail after the first eight (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside 8) years of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenantterm, except to the extent of insurance proceeds received required by Landlord. (g) applicable law for health and safety reasons; however, Landlord shall provide not be required to replace such major components either, and there shall be no abatement or reduction of Rent, nor shall Tenant with janitorial services for be relieved from the Premises Monday through Friday operation of each week any covenant or agreement of this Lease, in accordance with the guidelines set forth in Exhibit “D” attached hereto and event such components are not replaced. In the event Tenant shall pay its Allocated Share elects to replace such major components, Tenant may remove the components at the termination of the cost thereof as Additional Rent as provided in Article 6 hereofLease, subject to the provisions of Section 30. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease (Cytel Corp/De)

Repairs and Maintenance. (a) Except Tenant accepts the Premises, buildings and improvements in "as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, in" condition. Tenant shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly conditioncondition the Premises and make at its own expense all repairs and necessary replacements, free of accumulation of dirtincluding but not limited to, rubbishplumbing, snow heating, air conditioning, lighting fixtures, pipes and iceequipment, floor covering, ceiling, walls and shall keep and maintain plastering, windows the current alarm system as well as all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph kitchen equipment (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent that damage to such items is caused by an act of insurance proceeds received by God and shall be an insurable claim under the Landlord. (g) Landlord 's property policy). Tenant shall provide replace any and all locks, keys or bolts which are damaged. Tenant with janitorial services for shall, at its expense, make all repairs and additions to the Premises Monday through Friday of each week in accordance with as required by any governmental agency for health or safety. Tenant, at its expense, shall maintain all grass areas, if any, and shall mow all grass areas at such intervals necessary to neatly maintain such grass areas. Tenant, at its expense, shall maintain and repair the guidelines set forth in Exhibit “D” attached hereto guttering and the Tenant shall pay its Allocated Share downspouts of the cost thereof as Additional Rent as provided Premises, and shall maintain. the parking areas, and shall remove rubbish, ice, and snow from the Premises and adjacent parking areas. Tenant, at its expense, shall maintain all exterior lighting. Should Tenant, in Article 6 hereof. (h) If Landlord shall Landlord's sole reasonable opinion, fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failureproperly maintain, repair, or if such failure replace those items for which Tenant is responsible, Landlord may proceed to make said repairs or replacements and recover the cost of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure)same from Tenant, Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rentas additional rent.

Appears in 1 contract

Sources: Lease Agreement (Industrial Services of America Inc /Fl)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article19.1. Following the Term Commencement Date, Tenant, at its sole cost and expense and throughout the Term of this Leaseexpense, shall maintain and keep and maintain the Premises (except Landlord’s Items) in good order condition and condition, free of accumulation of dirt and rubbishin a manner consistent with the Permitted Use. Tenant shall have the option of replacing lightsmake all repairs, ballasts, tubes, ceiling tiles, outlets replacements and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice improvements (except with respect to Landlord. When used in this Article 14’s Items), the term “including, without limitation, all HVAC, plumbing and electrical repairs” shall include , replacements and renewals when necessaryimprovements required, and shall keep the same free and clear from all rubbish and debris. All repairs made by Tenant shall utilize materials and equipment which are be at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings original work, and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. be made only by Tenant’s Allocated Share of Landlord’s cost for HVACemployees (provided they are qualified to perform such repairs and maintenance, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and do not void any warranties on the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building’s equipment, and to any drivewaysperform the repairs in accordance with Applicable Laws) or by a licensed, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Buildingbonded contractor approved in advance by Landlord; provided, however, that such contractor need not be bonded or approved by Landlord shall have no responsibility if the non-structural alterations, repairs, additions or improvements to make any repairs unless be performed do not exceed Twenty-Five Thousand Dollars ($25,000) in value. Landlord may impose reasonable restrictions and until Landlord receives written notice of the need for requirements with respect to such repair or Landlord has actual knowledge of the need to make such repairrepairs. Tenant shall not take or fail to take any action, the taking or failure of which shall cause waste, damage or injury to the Premises. Tenant shall indemnify, save, defend (by legal counsel acceptable to Landlord) and hold harmless Landlord from and against any and all Claims (as defined below) arising out of the failure of Tenant or Tenant’s Agents to perform the covenants contained in this paragraph. “Tenant’s Agents” shall be defined to include Tenant’s officers, employees, agents, contractors, invitees, customers and subcontractors. Landlord shall repair and maintain the Common Areas of the Project, the structural and exterior portions of the Building (including, without limitation, the Building’s shell, roof, foundation, structural components and windows), the BMS system (only in regards to the BMS system’s ability to measure the utilities entering the Building, and provided Tenant shall have secure online access to monitor and control Tenant’s system) elevators, fire sprinkler systems, fire alarm panels, elevator and fire alarm telephone lines (collectively, “Landlord’s Items”). Except as otherwise stated in Section 10.1(b), any costs related to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or failure to act of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay its Allocated Share of to Landlord the cost of all repairssuch repairs and maintenance; provided, as limited under Article 6 with respect however, that costs related to capital repairs, window repairs and maintenance to be performed by Landlord pursuant to this Paragraph 14(dprotect against water intrusion after the first (1st) as Additional Rent as provided in Article 6 hereofthirty-six (36) months following the Term Commencement Date shall constitute an Operating Expense. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease (Revance Therapeutics, Inc.)

Repairs and Maintenance. (a) Except Subject to Tenant's right to alter and demolish as specifically otherwise provided in subparagraphs (b) and (c) of this Articlehereinafter provided, Tenant, at its Tenant's sole cost and expense and throughout the Term of this Leaseexpense, shall keep manage, maintain and maintain promptly repair the Premises and Improvements including all passageways, sidewalks, curbs and vaults within them, including, without limitation, all building fixtures, heating, air conditioning, ventilating and plumbing apparatus, electric fixtures and equipment, parking areas and landscaping, and shall keep them in good operating order and condition, free of accumulation of dirt subject to normal wear and rubbish. tear, and Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14as are necessary therefor, the term “repairs” shall include replacements and renewals when necessarywhether such repairs are interior or exterior, or foreseen or unforeseen. All repairs made by Tenant shall utilize materials and equipment which are be at least equal in quality and usefulness class to those originally used in constructing the Building original Work. Tenant shall do all necessary shoring of foundations and walls of any structures on the Premises and every other act or thing for the safety and preservation of them which may be reasonably necessary by reason of any excavation or other building operation upon any adjoining property or street or passageway which is being performed by Tenant. Tenant shall manage and maintain the Premises and the PremisesImprovements as would a prudent owner and Tenant shall not permit the Premises or the Improvements, or any part thereof, to be used for any dangerous, obnoxious or offensive trade or business not permitted in the use clause in Article 3 hereof. (b) Landlord, throughout the Term of this Lease Tenant shall keep and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises Improvements and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, all sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property passageways in a clean and orderly condition, free of accumulation of dirt, rubbish, snow snow, ice and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Buildingunlawful obstructions. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (gc) Landlord shall provide manage, maintain, alter and repair the property and improvements owned by Landlord elsewhere in the Technology Park at least as well as is required by Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto hereunder, and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. Landlord agrees, (hi) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty good quality of maintenance, alterations and repair to the premises ground leased to tenants in the Technology Park subsequent to the execution of this Lease, and (30ii) days for remedy to require that all repairs, alterations and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within maintenance required of such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon future ground tenants shall be at least five (5) business days prior written notice, incur any reasonably necessary expense equal in quality to perform the obligation of Landlord specified in original work performed by such notice and deduct such expense from the Fixed Rentground tenant.

Appears in 1 contract

Sources: Ground Lease Agreement (Mapinfo Corp)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article17.01. Tenant shall, Tenant, at its sole cost and expense and throughout the Term Term, take good care of this Leasethe Demised Premises, the fixtures and appurtenances therein, and shall not do, suffer, or permit any waste with respect thereto. Tenant shall keep and maintain the Demised Premises in good order including without limitation all building equipment, windows, doors, loading bay doors and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systemsshelters, plumbing and electric electrical systems, heating, ventilating and air conditioning ("HVAC") systems serving (whether located in the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside interior of the Demised Premises and or on the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition. Tenant shall, free at Landlord's option, keep and maintain in a clean and orderly condition all HVAC systems and any other mechanical or other systems exclusively serving the Demised Premises which are located in whole or in part outside of accumulation the Demised Premises (it being understood and agreed that if Landlord shall elect to keep and maintain said systems, then the cost of dirt, rubbish, snow and ice, and same shall be included in Operating Expenses). Tenant shall keep and maintain all landscaped areas exterior components of any windows, doors, loading bay doors and shelters serving the Demised Premises in a neat clean and orderly condition. The phrase "keep and maintain" as used herein includes repairs, replacement and/or restoration as appropriate. Tenant shall not permit or suffer any over-loading of the floors of the Demised Premises. Tenant shall be responsible for all repairs, interior and exterior, structural and nonstructural, ordinary and extraordinary, in and to the Demised Premises, and the Building (including the facilities and systems thereof) and the Common Areas the need for which arises out of (a) the performance or existence of the Tenant's Work or alterations, (b) the installation, use or operation of the Tenant's Property in the Demised Premises, (c) the moving of the Tenant's Property in or out of the Building, or (d) the act, omission, misuse or neglect of Tenant or any of its subtenants or its or their employees, agents, contractors or invitees. Upon request by Landlord, Tenant shall furnish Landlord with true and complete copies of maintenance contracts and with copies of all invoices for work performed, confirming Tenant's compliance with its obligations under this Article. In the event Tenant fails to furnish such copies, Landlord shall have the right, at Tenant's cost and expense, to conduct such inspections or surveys as may be required to determine whether or not Tenant is in compliance with this Article and to have any work required of Tenant performed at Tenant's cost and expense. Tenant shall promptly replace all scratched, damaged or broken doors and glass in and about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and for the repair and maintenance of all sanitary and electrical fixtures and equipment therein. The Tenant shall also arrange for its own cleaning services and rubbish removal, subject to the right of Landlord, at Landlord's option to perform such services and include the cost of such services in Operating Expenses. Tenant shall promptly make all repairs in or to the Demised Premises for which Tenant is responsible, and any repairs required to be made by Tenant to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other systems of the Building shall be performed only by contractor(s) designated by Landlord. Any other repairs in or to the Building and the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant's expense; but Landlord may, at its option, before commencing any such work or at any time thereafter, require Tenant to furnish to Landlord such security, in form (including, without limitation, a bond issued by a corporate surety licensed to do business in New Jersey) and amount, as Landlord shall deem necessary to assure the payment for such work by Tenant. 17.02. So long as Tenant is not in default under this Lease, Landlord shall make all structural repairs and replacements, including, specifically, the roof and roof membrane (except as hereinabove provided in Section 17.01) and the cost thereof shall be included in Operating Expenses, for which Tenant shall pay its Allocated Share Tenant's Fraction. Landlord shall keep and maintain the Common Areas and shall procure landscaping and snow removal services for the Building and the cost thereof shall be included in Operating Expenses, for which Tenant shall pay Tenant's Fraction. Notwithstanding anything herein contained to the contrary, to the extent the Operating Expenses include an expenditure for a capital improvement, as defined under generally accepted accounting principles (including but not limited to the roof membrane), Tenant shall only be responsible for that portion of the cost of all work said capital improvement as is determined by amortizing said cost over the useful life of the capital improvement; an annual amount equal to the amortized cost of the capital improvement plus an interest component equal to the Prime Rate of the Chase Manhattan Bank plus four percent per annum shall be performed then added to the Operating Expenses and paid by Landlord pursuant Tenant over the then remaining Term (or extension thereof) of the Lease. 17.03. Tenant shall not permit or suffer the overloading of the floors of the Demised Premises beyond 250 pounds per square foot, or lesser amount as may be applicable to this Paragraph (e) any mezzanine area. 17.04. Except as Additional Rent as otherwise expressly provided in Article 6 hereof. Landlord’s obligation this Lease, Landlord shall have no liability to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord nor shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto Tenant's covenants and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period be reduced or abated in any manner whatsoever, by reason of more than thirty (30) days after receipt of written notice any inconvenience, annoyance, interruption or injury to business arising from Tenant specifying such failureLandlord's doing any repairs, maintenance, or if such failure changes which Landlord is of a nature required or permitted by this Lease, or required by Law, to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, make in addition or to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform portion of the obligation of Landlord specified in such notice and deduct such expense from the Fixed RentBuilding.

Appears in 1 contract

Sources: Lease Agreement (Childrens Place Retail Stores Inc)

Repairs and Maintenance. Section 6.01. Tenant shall take good care of the Demised Premises and the fixtures, glass, appurtenances and equipment therein (aincluding all horizontal portions of the Building Systems that are located within and which exclusively serve the Demised Premises, and expressly including any sprinkler loop and distribution pipes and heads, any ventilation and air-conditioning equipment and any private bathrooms (or any plumbing lines or horizontal or vertical fixtures therein) Except in the Demised Premises), and, at Tenant's sole cost and expense, shall make all Repairs as specifically otherwise provided and when needed to preserve them in subparagraphs working order and condition, whether or not such Repairs are ordinary or extraordinary, or foreseen or unforeseen at this time, and whether or not such Repairs pertain to improvements in the Demised Premises furnished or installed by Landlord, but excluding (bi) Repairs necessitated by the gross negligence or willful misconduct of Landlord or Persons Within Landlord's Control, or (ii) Repairs to the rough floor, the rough ceiling, exterior windows, exterior walls or load-bearing columns, unless required under the provisions of following sentence. All damage or injury to the Demised Premises, or to the Building or the Building Systems outside of the Demised Premises, caused by or arising from acts or omissions of Tenant, or of Persons Within Tenant's Control, including those which are structural, extraordinary and (c) of this Articleunforeseen, shall be promptly repaired, restored or replaced by Tenant, at its sole Tenant's own cost and expense (except if and throughout to the Term of this Leaseextent that Landlord recovers proceeds from Landlord's insurer with respect to such damage or injury). All Repairs shall be in quality and class equal to or better than the original work or installations, and shall be performed in good and workmanlike manner, using prime quality materials. Section 6.02. Landlord, at Landlord's expense, shall make or cause to be made all Repairs, structural and otherwise, necessary to keep and maintain the Premises in good order and condition, free repair the exterior (including exterior windows) of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term public portions of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVACBuilding Systems, electric and plumbing serviceother than those required to be made by Tenant as provided in Section 6.01; provided that, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall those Repairs to be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout made within the Term of this Lease, shall make all necessary repairs Demised Premises or to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, Systems which serve more than one tenant of the BuildingDemised Premises, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord Tenant shall have no responsibility given notice to make any repairs unless and until Landlord receives written notice of the need for such repair Repairs. There shall be no allowance to Tenant for a diminution of rental value or Landlord has actual knowledge interruption of business, and no liability on the part of Landlord, by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making any Repairs or Alterations in or to any portion of the need Building or Building Systems or the Demised Premises, except as otherwise expressly provided herein. Section 6.03. If any Insurance Boards or Legal Requirements shall require or recommend installation of fire extinguishers or of a "sprinkler system" or any other fire protection devices, or any changes, modifications, alterations or additions thereto for any reason attributable to Tenant's manner of use of the Demised Premises (as distinguished from Tenant's mere use of the Demised Premises for the Authorized Use), or if any such installation or equipment becomes necessary to prevent the imposition of a penalty or charge against the full allowance for a sprinkler or fire extinguishing system in the fire insurance rate as fixed by Insurance Boards, or by any fire insurance company, then Tenant, at Tenant's expense, shall promptly make such repairinstallation within the Demised Premises and supply such changes, modifications, alterations, additions or other equipment. In the event that (i) Tenant shall pay its Allocated fail to perform the work required pursuant to the preceding sentence, and/or (ii) if due to the nature of such work, Landlord requires that such work be performed by Landlord, Landlord shall make any such installation (including sprinklers, stair pressurizers, water towers), or any such change, modification, alteration or additions outside of the Demised Premises (such as, without limitation, in the common area) and Tenant shall reimburse Landlord, as additional rent, an amount equal to Tenant's Proportionate Share of the cost thereof. Such reimbursement shall be made by Tenant within twenty (20) days after written notice to Tenant of all repairssuch amount, as limited under Article 6 with respect which notice shall be accompanied by evidence reasonably substantiating such amount. Section 6.04. In any case where Tenant shall be required to capital repairs, to be performed by Landlord make Repairs or perform any work pursuant to this Paragraph 14(dArticle and such Repairs or work shall affect the Building Systems or areas outside of the Demised Premises, Landlord may, in Landlord's discretion, elect to make such Repairs or to perform such work for and on behalf of Tenant, but at Tenant's reasonable cost and expense. In such event, Tenant shall reimburse Landlord as additional rent for the cost of such Repairs and/or work within twenty (20) as Additional Rent as provided in Article 6 hereofdays after Landlord shall furnish a statement to Tenant of the amount thereof, which statement shall be accompanied by evidence reasonably substantiating such amount. Section 6.05. Tenant shall maintain the Demised Premises (eincluding any permitted signs or cameras) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free condition that is consistent with the use and appearance of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly conditionthe Building. If Tenant shall pay its Allocated Share of fail to so maintain the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited Demised Premises to the parking areas reasonable satisfaction of Landlord, then Landlord shall have the right, on notice to Tenant and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the Tenant's sole cost and expense expense, to enter into the Demised Premises for the express purpose of Tenant, except rectifying the condition thereof and restoring the Demised Premises to the extent of insurance proceeds received by Landlordcondition and appearance required hereunder. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease (CTC Communications Corp)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this ArticleSection, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary to keep and maintain such good order and condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s 's desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord's standard rate (such rate to be competitive with the market rate for such services). When used in this Article 14Section, the term "repairs" shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s 's sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all base Building HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant shall be solely responsible for all supplemental HVAC serving the Premises exclusively. Tenant’s Allocated 's Share of Landlord’s 's cost for base Building HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 Section 5 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 Section 5 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Tenant’s Share of the cost of all repairs, as limited under Article 6 Section 5 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 Section 5 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Tenant’s Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 Section 5 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit "D" attached hereto and the Tenant shall pay its Allocated Tenant’s Share of the cost thereof as Additional Rent as provided in Article 6 hereofSection 5 hereof (“Janitorial Expenses”). (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease (Inovio Pharmaceuticals, Inc.)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) 14.01. As of this Articlethe Commencement Date, TenantSubtenant shall take good care of the interior, at its non-structural portions of the Demised Premises. At Subtenant's sole cost and expense expense, Subtenant shall promptly make or cause to be made, all nonstructural maintenance repairs and throughout the Term of this Leasereplacements, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used interior, in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain Demised Premises including without limitation all HVAC systemsbuilding equipment, glass, windows, doors, loading docks, loading bay doors, plumbing and electric systems serving the Building electrical systems, heating, ventilation and air-conditioning ("HVAC") systems, and maintaining same and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Demised Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free except Subtenant shall not be responsible for the foregoing arising out of accumulation (a) fire or casualty, or (b) Sublandlord's or its agents, employees or contractors', acts or omissions. 14.02. As of dirtthe Commencement Date, rubbishSublandlord, at its own cost and expense, shall be responsible for all exterior and structural repairs and replacements to the Demised Premises, the roof on the Demised Premises and all repairs and replacements to plumbing electrical systems located outside the Demised Premises and serving the Demised Premises. Notwithstanding the above, Subtenant shall be responsible for annual, normal and regular maintenance of the roof above the Demised Premises, the cost of which shall not exceed Five Hundred ($500.00) Dollars, annually. 14.03. As of the Commencement Date, Sublandlord, at its own cost and expense, subject to Subtenant's obligations for payment of Common Area Maintenance Charges under this Sublease, shall be responsible for and shall take good care of the Common Areas, including without limitation, all necessary repairs and replacements, striping, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Buildingice removal. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Space Sublease (Aftermarket Technology Corp)

Repairs and Maintenance. (a) 18.1. Landlord shall repair and maintain the Common Areas of the Project, including those certain portions of the utility systems located outside the Premises to which the Premises may be connected, sidewalks, parking areas, curbs, roads, driveways, lighting standards, landscaping and snow removal. Costs incurred by Landlord pursuant to this Section shall constitute Operating Expenses which shall be allocated in accordance with Exhibit J, unless such costs are incurred due in whole or in part to any act, neglect, fault or omissions of Tenant or its employees, agents, contractors or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance. 18.2. Except as specifically otherwise provided in subparagraphs (b) and (c) for services of this ArticleLandlord, if any, required by Section 18.1, Tenant, at its sole cost and expense and throughout the Term of this Leaseexpense, shall maintain and keep the Premises, all improvements thereon, and maintain all appurtenances thereto, including lighting standards, sewers, water, gas and electrical distribution systems and facilities, drainage facilities, Acid Neutralization Tank, fire sprinkler systems (if any) and all signs, both illuminated and non-illuminated that are now or hereafter on the Premises Premises, in good order condition and condition, free of accumulation of dirt and rubbishin a manner consistent with the Permitted Use. Tenant shall have the option of replacing lightsmake all repairs, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlordimprovements, throughout the Term of this Lease and at Landlord’s sole cost and expensesincluding all structural, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systemsroof, HVAC, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and electrical repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises replacements and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and icerequired, and shall keep the same free and maintain clear from all landscaped areas in a neat rubbish, debris, insects, rodents and orderly conditionother vermin and pests. Tenant shall pay its Allocated Share shall, no later than December 1st of each calendar year during the Term, provide to Landlord a copy of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrarybudget for maintenance, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made replacements at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services Premises for the Premises Monday through Friday following calendar year. Tenant shall, no later than February 28th of each week in accordance with calendar year during the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share Term, provide to Landlord a detailed summary of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from amounts actually expended by Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.during the

Appears in 1 contract

Sources: Lease (Alnylam Pharmaceuticals, Inc.)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, TenantTenant shall, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlordexpense, throughout the Term of this Lease Term, maintain and at Landlord’s sole cost preserve, in first class condition, (subject to normal and expensescustomary wear and tear), shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areasfixtures and appurtenances therein. Except as otherwise specifically provided in Exhibit "B" hereto, including the roofTenant shall also be responsible for all structural and non-structural repairs and replacements, wallsinterior and exterior, exterior portions of ordinary and extraordinary, in and to the Premises and the Buildingfacilities and systems thereof (but not limited to, utility linesthe roof, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any drivewaysPremises, sidewalks, driveways, curbs, loading, parking and landscaped loading areas, landscaped areas and other exterior improvements for parking lot, and the Building; providedelectrical, howevermechanical, that Landlord shall have no responsibility to make any repairs unless HVAC, and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repairplumbing systems). Tenant shall pay its Allocated Share enter into a preventative maintenance and service contract with a reputable service provider for maintenance of the cost HVAC systems of the Premises. Without limiting the generality of the foregoing, any repairs or replacements required to be made by Tenant including repairs to the mechanical, electrical, sanitary, HVAC, or other systems of the Premises shall be performed, at Tenant's expense, by appropriately licensed contractors. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairsrepairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced. After Substantial Completion of the Premises, as limited under Article 6 Landlord shall transfer to Tenant all warranties Landlord has received with respect to capital repairsany and all work, to be performed by Landlord pursuant to maintenance and service for which Tenant is responsible under the terms and conditions of this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly conditionLease. Tenant shall pay its Allocated Share comply with all post-construction requirements including those relating to the load bearing capacity of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) Improvements as Additional Rent set forth in the Final Plans and Specifications or as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received otherwise directed by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Building Lease (Datalink Corp)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability Subject to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by TenantParagraph 4, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14shall, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expensesexpense, shall make perform or cause to be performed, all necessary or appropriate maintenance, repairs and replacements, in a first class, good and workmanlike manner, to the footings and foundations and the structural steel columns and girders forming a part “Structural Portions” (hereinafter defined) of the PremisesBuilding and to the exterior of the Leased Premises and of the Building so as to maintain same in first class condition and repair, except for repairs made necessary by the misuse or neglect of Tenant, or Tenant’s agents that are not covered or coverable by any policy of insurance required to be carried by Landlord under this Lease. As used herein, the term “Structural Portions” includes, without limitation, the foundation; roof structural supports; roof membrane; structural steel; load bearing walls; floors; ceilings and acoustical ceiling tiles; elevators; loading docks; parking lot surface and grading; exterior walls; exterior windows; exterior doors; pavement; curbing; sidewalks; retaining walls; downspouts; gutters; electrical, gas, water, plumbing, sewage and roof systems; and pipes and conduits for the furnishing of utilities to the Leased Premises and/or the Building. If the Leased Premises are rendered untenantable, in whole or in part, for a period of more than one (1) business day by the making of repairs, replacements or additions, other than those caused by misuse or neglect by Tenant, then there shall be a proportionate abatement of Rent and other charges during the period of such untenantability. (cb) Subject to Paragraph 4, Landlord shall maintain all HVAC systemsdirectly or indirectly, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of at Landlord’s sole cost for HVACand expense, electric operate, keep, maintain, repair and plumbing service, maintenance replace the Common Areas in first class condition and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises repair and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean clean, sightly and orderly condition, free of accumulation of litter, dirt, rubbish, snow and ice. Snow shall be removed before 6:30 a.m. Mondays-Saturday and within two (2) hours of any accumulation of two or more inches of snow. (c) Subject to Paragraph 4, Landlord shall, at Landlord’s sole cost and expense, directly or indirectly, conduct all maintenance of, and make all repairs, replacements, or improvements to, the Building, the systems and equipment in or serving the Building, Common Areas and the Leased Premises now or hereafter required to comply with all laws, ordinances, codes, rules, regulations, orders and directives, including, without limitation, all ADA and/or environmental requirements which apply to the Building, Common Areas or the Leased Premises generally. In addition, subject to Paragraph 4, Landlord, at Landlord’s sole cost and expense, shall make or cause to be made all repairs, replacements, alterations, improvements or additions requiring expenditures in the nature of capital expenditures, whether such repairs, replacements, alterations, improvements and additions are structural or non- structural, if such repairs, replacements, alterations, improvements or additions are or would be required to be made to the Building or Common Areas generally or to the Leased Premises under any laws, ordinances, codes, rules, regulations, orders or directives (including, without limitation, ADA and/or environmental requirements) that would be applicable to the Building, Common Areas or the Leased Premises. (d) Except as otherwise provided in Paragraph 4 and in this Paragraph 8, Tenant shall, at Tenant’s expense, keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share the interior non-structural portions of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided Leased Premises in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas good condition and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repair and make any other repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall Leased Premises that may be made at required due to the sole cost and expense misuse of Tenant, so as to tender the Leased Premises to Landlord at lease termination in substantially the same condition as received, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week any alterations or improvements made in accordance with Paragraph 9, and except for ordinary or normal wear and tear, damages, maintenance, repairs or replacements that are Landlord’s responsibility or that relate to Landlord’s negligence, act or failure to act, fire or other casualty, the guidelines set forth in Exhibit “D” attached hereto elements, acts beyond the reasonable control of Tenant and acts of God. Upon the expiration or earlier termination of this Lease, Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than have thirty (30) days after receipt of written notice from Tenant specifying (plus such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the additional time as may be reasonably necessary if Tenant is actively repairing or restoring the Leased Premises to cure the condition required hereby) within which to place the Leased Premises in the condition required by this Subparagraph (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cured), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease Agreement

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs Paragraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary to keep and maintain such good order and condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). Tenant shall not use or permit the use of any portion of the Premises for outdoor storage. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. Landlord shall maintain all HVAC systems serving the Building and the Premises. Tenant’s allocated share of Landlord’s cost for HVAC service, maintenance and repairs shall be included as a portion of Recognized Expenses. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systemsPremises and the HVAC, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (dc) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, repairs to be performed by Landlord pursuant to this Paragraph 14(d14(c) as Additional Rent as provided provided, in Article 6 hereof. (ed) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (ed) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (fe) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (gf) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (hg) If Landlord shall fail to perform provide Tenant with a one year warranty on any of its obligations under this defects in workmanship and materials from defects. The warranty shall become effective the Lease Commencement date in Exhibit B and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rentexpire one year thereafter.

Appears in 1 contract

Sources: Lease (Ameriquest, Inc.)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, TenantTenant shall, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlordexpense, throughout the Term of this Lease Term, maintain and at Landlord’s sole cost preserve, in first class condition, (subject to normal and expensescustomary wear and tear), shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areasfixtures and appurtenances therein. Except as otherwise specifically provided in EXHIBIT "B" hereto, including the roofTenant shall also be responsible for all structural and non-structural repairs and replacements, wallsinterior and exterior, exterior portions of ordinary and extraordinary, in and to the Premises and the Buildingfacilities and systems thereof (but not limited to, utility linesthe roof, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any drivewaysPremises, sidewalks, driveways, curbs, loading, parking and landscaped loading areas, landscaped areas and other exterior improvements for parking lot, and the Building; providedelectrical, howevermechanical, that Landlord shall have no responsibility to make any repairs unless HVAC, and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repairplumbing systems). Tenant shall pay its Allocated Share enter into a preventative maintenance and service contract with a reputable service provider for maintenance of the cost HVAC systems of the Premises. Without limiting the generality of the foregoing, any repairs or replacements required to be made by Tenant including repairs to the mechanical, electrical, sanitary, HVAC, or other systems of the Premises shall be performed, at Tenant's expense, by appropriately licensed contractors. All such repairs or replacements shall be subject to the supervision and control of Landlord, and all repairsrepairs and replacements shall be made with materials of equal or better quality than the items being repaired or replaced. After Substantial Completion of the Premises, as limited under Article 6 Landlord shall transfer to Tenant all warranties Landlord has received with respect to capital repairsany and all work, to be performed by Landlord pursuant to maintenance and service for which Tenant is responsible under the terms and conditions of this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly conditionLease. Tenant shall pay its Allocated Share comply with all post-construction requirements including those relating to the load bearing capacity of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) Improvements as Additional Rent set forth in the Final Plans and Specifications or as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received otherwise directed by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Building Lease (Datalink Corp)

Repairs and Maintenance. 9.1 Subject to reimbursement by Tenant as provided in Article 10 hereof, Landlord shall keep and maintain in good repair the roof (aincluding the structural integrity thereof) and the exterior surfaces of the exterior walls of Building 4 (exclusive of doors, door frames, door checks, other entrances, windows and window frames which are not part of common areas), all Outdoor Areas on Parcel 4 which are not Common Areas maintained by the Association pursuant to the Declaration and all Shared Areas described in the Declaration for the use of Parcel 4, provided that Tenant shall pay the cost of any such repairs occasioned by the act or negligence of Tenant, its agents, employees, invitees, licensees or contractors. Tenant shall give Landlord prompt written notice of any damage to the Premises requiring repair by Landlord. 9.2 Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, TenantParagraph 9.1 hereof Tenant shall, at its sole cost and expense and throughout the Term of this Leaseexpense, shall keep and maintain the Premises and every part thereof in good order order, condition and conditionrepair, free including, without limiting the generality of accumulation the foregoing, all equipment or facilities specifically serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire hose connections if within the Premises, fixtures, interior walls, interior surfaces of dirt exterior walls, ceilings, floors, windows, doors, plate glass, and rubbishskylights, and shall do such reasonable periodic painting of the interior thereof as may be required and approved by Landlord. Tenant shall have keep its sewers and drains open and clear, and shall keep the option of replacing lights, ballasts, tubes, ceiling tiles, outlets hallways and/or sidewalks and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs common areas adjacent to the Premises clean and free of debris. Tenant shall reimburse Landlord on demand for the cost of damage to the Premises or the Building or Center caused by Tenant or its employees, agents, customers, suppliers, shippers, contractors, or invitees. If Tenant shall fail to comply with the foregoing requirements, Landlord may (but shall not be obligated to) effect such maintenance and repair, and the cost thereof together with interest thereon at the maximum rate permitted by law shall be due and payable as Additional Rent to Landlord, together with Tenant's next rental installment. 9.3 Tenant in keeping the Premises in good order, condition, and repair shall exercise and perform good maintenance practices including obtaining, at its expense, a contract for the repair and maintenance of the air conditioning and heating system, if any, exclusively serving the Premises and provide Landlord with copy of said contract within ten (10) days after the Rent Commencement Date. The contract shall be for the benefit of Landlord and Tenant and in a reasonable time of notice form and placed with a licensed contractor satisfactory to Landlord. When used Tenant obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in this Article 14good order, condition and state of repair. 9.4 Tenant shall not make any alterations, changes or improvements in or to the Premises or any part thereof without first obtaining Landlord's written consent, and all of the same shall be at Tenant's sole cost. Landlord may impose as a condition of its consent such requirements as Landlord, in its sole discretion, may deem reasonable and desirable, including but not limited to, the term “repairs” requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord and that good and sufficient plans and specifications be submitted to Landlord at such times as its consent is requested. Notwithstanding the foregoing, Landlord's consent shall include replacements not be required for any interior cosmetic alterations or alterations not exceeding $20,000 per alteration which do not affect the Base Building exterior, structure or systems; provided that Tenant shall obtain required permits and renewals when necessarycomply with all other Applicable Requirements and all requirements of Article 8, this Section 9.4 and Exhibit C regarding construction by Tenant and shall notify Landlord not less than ten (10) days prior to commencing any such alterations to give Landlord an opportunity to post a notice of non-responsibility. All repairs alterations, additions, changes and improvements made by Tenant unless Tenant's Personal Property (as defined hereafter) shall utilize materials become the property of Landlord and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing realty and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout surrendered to Landlord upon the Term of this Lease, shall make all necessary repairs to the Building outside expiration or sooner termination of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; term hereof provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives may designate by written notice to Tenant those alterations, additions and improvements (specifically including Tenant Improvements) which shall be removed by Tenant at the expiration or termination of the need for such repair or Landlord has actual knowledge of the need to make such repair. Lease and Tenant shall pay promptly remove the same and repair all damage caused by such removal at its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlordwith all due diligence. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease Agreement (Ingenuus Corp)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) 15.01 Tenant shall take good care of the Demised Premises and (c) of this Articlethe fixtures and appurtenances therein, Tenant, and at its sole cost and expense shall make all repairs thereto, as and throughout when needed to preserve them in good working order and condition. In addition, Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Term Demised Premises and the Building as shall be required by reason of this Lease(i) the performance or existence of work by Tenant necessary to suit the Demised Premises to Tenant's initial occupancy or Tenant's work (ii) the installation, use or operation of Tenant's property in the Demised Premises, (iii) the moving of Tenant's property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors. Tenant shall not be responsible, and Landlord shall be responsible, for any repairs to the Demised Premises as are required by reason of Landlord's neglect or other fault in the manner of performing any work included in the Work Letter OR Tenant's work which may be undertaken by Landlord for Tenant's account or as are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. 15.02 Landlord shall keep and maintain the Premises Building and its fixtures, appurtenances, systems and facilities serving the Demised Premises, in good order working order, condition and condition, free of accumulation of dirt repair and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, interior and exterior, except as limited under Article 6 with respect indicated in Section 15.01 as and when needed in the Building, except for those repairs for which Tenant is responsible pursuant to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term any other provisions of this Lease, shall make and subject to all necessary repairs other provisions of this Lease, including but not limited to the Building outside provisions of the Premises and the common areasArticle 21. 15.03 Except as expressly otherwise provided in this Lease, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility liability to make Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord or any tenant making any repairs unless and until or changes or performing maintenance services, whether or not Landlord receives written notice of the need for such repair is required or Landlord has actual knowledge of the need permitted by this Lease or by law to make such repair. Tenant shall pay its Allocated Share repairs or changes or to perform such services in or to any portion of the cost Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of all repairsthe Building or the Demised Premises, as limited under Article 6 provided that Landlord shall be reasonably diligent with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, thereto and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenantperform such work, except in case of emergency, at times reasonably convenient to Tenant and otherwise in such manner and to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant practical as will not unreasonably interfere with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto Tenant's use and the Tenant shall pay its Allocated Share occupancy of the cost thereof as Additional Rent as provided in Article 6 hereofDemised Premises. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease (Total Tel Usa Communications Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt rubbish, and rubbishshall promptly make all non-structural repairs necessary to keep and maintain such good order and condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by TenantTenant in writing, Landlord shall make such repairs to the Premises within a reasonable time of Landlord’s receipt of such written notice and shall charge Tenant for such services at Landlord’s standard rate (such rate to Landlordbe competitive with the market rate for such services). When used in this Article 1411, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which that are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) . Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expensesexpense but subject to reimbursement pursuant to Section 4(a), shall make all necessary repairs to to: (i) the footings and foundations and the structural steel columns and girders forming a part apart of the Premises. ; (cii) Landlord shall maintain all HVAC systemsthe HVAC, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. ; (diii) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises Premises; and (iv) the common areas of the Building and the common areas, including the roof, walls, exterior portions of the Premises Project and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition; provided, free of accumulation of dirthowever, rubbishTenant shall have the sole responsibility for the repair, snow and icemaintenance, and shall keep replacement of any supplemental heating and/or cooling systems and maintain all landscaped areas in a neat and orderly conditionequipment serving the Premises. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited Notwithstanding anything to the parking areas and the sidewalk entrances contrary in this Lease but subject to the Building. (f) Notwithstanding anything herein to the contraryprovisions of Section 12 below, any repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant (a “Tenant Party”) shall be made at the sole cost and expense of Tenant, except to the extent extent: (i) of insurance proceeds received by Landlord. ; (gii) the damages needed to be repaired are covered by any insurance obtained by Landlord on the Building or Project; or (iii) the damages needed to be repaired should have been covered by an insurance policy required to be maintained by Landlord pursuant to this Lease. Landlord shall provide not be liable to Tenant with janitorial services for any damage caused to Tenant and its property due to the Premises Monday through Friday Building or any part or appurtenance thereof being improperly constructed or being or becoming out of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failurerepair, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense arising from the Fixed Rentleaking of gas, water, sewer or steam pipes, or from problems with electrical service.

Appears in 1 contract

Sources: Lease Agreement (Whiteglove Health Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article6.1 The Landlord shall, Tenantwith due diligence, at its own cost and expense, make all repairs to the exterior bearing walls and foundation of the Building, and Landlord shall be responsible for any required replacement of the roof of the Building, provided that any damage to the foregoing is not caused by the negligence of the Tenant, its servants, employees, agents or invitees, in which case such damage shall be repaired by the Landlord at the Tenant's sole cost and expense expense. Notwithstanding the above, Tenant shall be responsible for the maintenance and throughout repair of the Term roof of this Leasethe Building, and for the maintenance, repair and replacement, as necessary, of the roof leaders, drains, metal gravel stops and flashings, all at Tenant's sole cost and expense. 6.2 The Tenant shall, except as provided in Article 6.1 above, take good care of the Leased Premises and, at its cost and expense, maintain, repair and replace, as necessary, the interior and exterior of the Building, including, but not limited to the floor, loading dock, windows and doors, the air-conditioning and heating plant, the plumbing, pipes and fixtures belonging thereto; and shall replace all mechanical systems and working parts used in connection with the air-conditioning, electrical, heating and plumbing plants, fixtures and systems, including ballasts and fluorescent fixtures; and shall keep the water and sewer pipes and connections free from ice and other obstructions, and shall generally maintain and repair the interior and exterior of the Building and shall, at the end of the expiration of the term, deliver up the Leased Premises in good order and condition, free of accumulation of dirt damages by the elements, ordinary wear and rubbishtear expected. Tenant shall have enter into a maintenance contract in connection with the option maintenance and repair of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric mechanical systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.the

Appears in 1 contract

Sources: Lease Agreement (Sterigenics International Inc)

Repairs and Maintenance. (aA) Except as specifically otherwise provided in subparagraphs (b) Subject to Sections 14 and (c) of this Article16, Tenant, at its sole cost and expense and throughout the Term of this Leaseexpense, shall keep and maintain the Premises in good order and condition, free of accumulation rubbish, and shall promptly make all non-structural repairs necessary to keep and maintain such good order and condition. Notwithstanding the foregoing provisions to the contrary, Tenant shall not be responsible for repairs to or replacements of dirt and rubbishany structural elements of the Building, except to the extent the need for such repairs or replacements arises from any Alterations by Tenant or from the negligence or willful misconduct of Tenant, its employees, contractors or agents. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s 's desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 1411, the term "repairs" shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. Landlord shall provide the janitorial services for the Premises set forth on Exhibit “C”, the costs of which shall be included in the Janitorial Costs. Subject to the waiver of subrogation set forth in Section 12, in no event shall Tenant be obligated to repair any damage caused solely by any act, omission or negligence of the Landlord or its employees, agents, or contractors; and Landlord shall be solely liable for such repair at Landlord's sole cost and expense. (bB) LandlordLandlord shall make, throughout the Term of this Lease and at Landlord’s its sole cost and expensesexpense, shall make all repairs necessary repairs to maintain, as applicable, the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all base building HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for Premises (but not Tenant specific HVAC, electric plumbing, or electrical systems (e.g. supplemental HVAC, Premises specific water heaters, specialty lighting, and plumbing serviceetc.) installed by or for Tenant, maintenance which shall be maintained by Tenant at its cost), and repairswindows, elevators, floors, security system and all other items that constitute a part of the Building and are installed or furnished by Landlord, as limited under Article 6 with respect well as all repairs necessary to capital expendituresmaintain the structural soundness and function of the Building (including the roof and exterior walls), shall parking lot(s), grounds, site lighting and common areas, such costs to be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs operating expenses to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Buildingextent permitted under Article 4 hereof; provided, however, that Landlord shall have no responsibility to make not be obligated for any of such repairs unless and until Landlord receives written notice the expiration of the need for such repair or a reasonable period of time after Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of repair or has received written notice from Tenant specifying that such failurerepair is needed, or if such failure which ever is earlier. Subject to the waiver of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant maysubrogation set forth in Section 12, in addition no event shall Landlord be obligated to repair any other remedy available damage caused solely by any act, omission or negligence of the Tenant or its employees, agents, invitees, licensees, subtenants or contractors; and Tenant shall be solely liable for such repair at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice Tenant's sole cost and deduct such expense from the Fixed Rentexpense.

Appears in 1 contract

Sources: Lease (Arrhythmia Research Technology Inc /De/)

Repairs and Maintenance. (a) 17.01. Except as specifically otherwise provided in subparagraphs (b) and (c) of this ArticleArticle 17.02 below, TenantTenant shall, at its sole cost and expense and throughout the Term Term, take good care of this Leasethe Demised Premises, the fixtures and appurtenances therein, and shall not do, suffer, or permit any waste with respect thereto. Tenant shall keep and maintain the Demised Premises in good order including without limitation all building equipment, windows, doors, loading bay doors and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systemsshelters, plumbing and electric electrical systems, heating, ventilating and air conditioning ("HVAC") systems serving (whether located in the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside interior of the Demised Premises and or on the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition. Tenant shall, free at Landlord's option, keep and maintain in a clean and orderly condition all HVAC systems and any other mechanical or other systems exclusively serving the Demised Premises which are located in whole or in part outside of accumulation the Demised Premises (it being understood and agreed that if Landlord shall elect to keep and maintain said systems, then the cost of dirt, rubbish, snow and ice, and same shall be included in Operating Expenses). Tenant shall keep and maintain all landscaped areas exterior components of any windows, doors, loading bay doors and shelters serving the Demised Premises in a neat clean and orderly condition. The phrase "keep and maintain" as used herein includes repairs, replacement and/or restoration as appropriate. Tenant shall pay not permit or suffer any over-loading of the floors of the Demised Premises. Tenant shall be responsible for all repairs, interior and exterior, structural and nonstructural, ordinary and extraordinary, in and to the Demised Premises, and the Building (including the facilities and systems thereof and the Common Areas the need for which arises out of (a) the performance or existence of the Tenant's Work or alterations, (b) the installation, use or operation of the Tenant's Property in the Demised Premises, (c) the moving of the Tenant's Property in or out of the Building, or (d) the act, omission, misuse or neglect of Tenant or any of its Allocated Share subtenants or its or their employees, agents, contractors or invitees. Upon request by Landlord, Tenant shall furnish Landlord with true and complete copies of maintenance contracts and with copies of all invoices for work performed, confirming Tenant's compliance with its obligations under this Article. In the event Tenant fails to furnish such copies, Landlord shall have the right, at Tenant's cost and expense, to conduct such inspections or surveys as may be required to determine whether or not Tenant is in compliance with this Article and to have any work required of Tenant performed at Tenant's cost and expense. Tenant shall promptly replace all scratched, damaged or broken doors and glass in and about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and for the repair and maintenance of all sanitary and electrical fixtures and equipment therein. The Tenant shall also arrange for its own cleaning services and rubbish removal, subject to the right of Landlord, at Landlord's option to perform such services and include the cost of such services in Operating in Expenses. Tenant shall promptly make all repairs in or to the Demised Premises for which Tenant is responsible, and any repairs required to be made by Tenant to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other systems of the Building shall be performed only by contractor(s) designated by Landlord. Any other repairs in or to the Building and the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant's expense; but Landlord may, at its option, before commencing any such work or at any time thereafter, require Tenant to furnish to Landlord such security, in form (including, without limitation, a bond issued by a corporate surety licensed to do business in New Jersey) and amount, as Landlord shall deem necessary to assure the payment for such work by Tenant. Notwithstanding anything herein contained to the contrary, Landlord shall be responsible for repairs to the Demised Premises caused by the negligent acts or willful misconduct of Landlord or its agents. 17.02. So long as Tenant is not in default of this Lease, Landlord shall make all structural repairs and replacements to the Demised Premises (i.e., repairs to the concrete slab, load bearing walls and structure supporting the roof membrane) at Landlord's cost and expense (unless the result of the act, omission, misuse or neglect of Tenant or its' employees, agents, contractors or invitees, in which case Landlord shall perform such repairs or replacements to the structure at Tenant's expense). Further, so long as Tenant is not in default of this Lease, Landlord shall maintain and make all repairs and/or replacements to the roof membrane above the Demised Premises. The cost of such maintenance, repair and/or replacement to the roof membrane shall be included in Operating Expenses; provided, however, to the extent any such repair and/or replacement to the roof membrane constitutes a capital improvement, Landlord shall make said capital improvement to the roof membrane, and Tenant shall be responsible for that portion of the cost of all work said capital improvement as is determined by amortizing said cost over the useful life of the capital improvement; an annual amount equal to the amortized cost of the capital improvement shall be performed paid by Tenant, as an Operating Expense, over the then remaining Term (or extension thereof the Lease. Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide shall keep and maintain the Common Areas and shall procure landscaping and snow removal services for the Building and the cost thereof shall be limited included in Operating Expenses, for which Tenant shall pay Tenant's Fraction. 17.03. Tenant shall not permit or suffer the overloading of the floors of the Demised Premises beyond 250 pounds per square foot, or lesser amount as may be applicable to the parking areas any mezzanine area. 17.04. Except as otherwise expressly provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant's covenants and the sidewalk entrances obligations under this Lease be reduced or abated in any manner whatsoever, by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's doing any repairs, maintenance, or changes which Landlord is required or permitted by this Lease, or required by Law, to make in or to any portion of the Building. (f) 17.05. Notwithstanding anything herein contained in this Lease to the contrary, repairs Landlord hereby agrees to provide Tenant with a one (1) year warranty with respect to the mechanical systems in the Demised Premises. The one (1) year warranty period shall run from the Commencement Date, Building During the warranty period, Landlord shall be responsible to perform all maintenance, repair and replacement in and to the mechanical systems in the Demised Premises unless and to the extent caused by the act, omission or Project and negligence of Tenant, its appurtenant common areas made necessary by a negligent agents, representatives, employees, contractors or willful act or omission of Tenant or any employeeinvitees, agent, contractor, or invitee of in which case Tenant shall be made at the sole cost responsible for such maintenance, repair or replacement. Tenant shall notify Landlord immediately upon learning of any required repair in and expense of Tenant, except to the extent of insurance proceeds received by Landlordmechanical systems in the Demised Premises during the warranty period. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Separation Agreement (Jenna Lane Inc)

Repairs and Maintenance. (a) a. Except as specifically otherwise provided in subparagraphs (b) , (c) and (cd) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary to keep and maintain such good order and condition. Tenant shall have the option of replacing non-Building standard lights, ballasts, tubes, ceiling tiles, outlets and similar other non-Building-standard equipment itself or it shall have the ability to advise Landlord of Tenant’s 's desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord's standard rate (such rate to be competitive with the market rate for such services). Landlord, as part of Operating Expenses, shall replace all Building-standard lights, ballasts, tubes, ceiling titles, outlets and similar equipment. When used in this Article 14, the term "repairs" shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) b. Landlord, throughout the Term of this Lease and at Landlord’s 's sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) c. Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s 's Allocated Share of Landlord’s 's cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) d. Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Without limiting the foregoing, Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Section 1942 and any successive sections or statutes of a similar nature). Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) e. Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) f. Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) g. Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit "D" attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease (E Digital Corp)

Repairs and Maintenance. (a) Except Lessee shall at all times during the Term at its own cost and expense repair, maintain, keep and make replacements to the Premises, and all equipment, fixtures and mechanical systems within or necessarily incidental to the Premises and the Building, and any other improvement now or hereafter made to the Premises and the Building in good order and repair, as specifically otherwise provided in subparagraphs a careful owner would do, and Lessee covenants to perform such maintenance, to effect such repairs and replacements at its own cost and expense as and when necessary or reasonably required so to do by Lessor (provided, however, Lessee shall not be required to -------- ------- make any capital repairs or improvements that relate exclusively to space located on the fifth (5th) and ninth (9th) floors of the Buidling). (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, Lessee shall keep and maintain the Premises and the Building in good order first class order, condition and conditionrepair throughout the term of this Lease, free as same may be renewed, including, without limitation, the roof, ceiling, walls, floor and foundation of accumulation the Building, and all trade fixtures and other fixtures and equipment contained therein (including, but not limited to, all elevators located in the Building), the exterior and interior portions of dirt all doors, windows, glass, plate glass, store fronts, locks, hardware, signs, or any casing, frames or caulking which support or surround same, any damages caused by wood-destroying organisms, and rubbishall plumbing, sewage, sprinkler, electrical, wiring, heating, ventilating and air conditioning equipment and systems. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets Any and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make all such repairs shall be performed at Lessee's sole expense with materials and labor of such kind and quality equal or superior to the original work. Lessee shall permit no waste, damage or injury to the Premises within a reasonable time of notice or the Building or any part or system thereof. Lessee's obligation under this Paragraph 7(b) shall include the obligation to Landlord. When used in this Article 14repair all structural and non-structural items, exterior and interior items, including, without limitation, the term “repairs” sidewalks, driveways, parking areas and parking lots, and all landscaped areas, lawns, grounds and streets in front of or appurtenant to same (provided, however, -------- ------- Lessee shall include replacements not be required to make any capital repairs or improvements that relate exclusively to space located on the fifth (5th) and renewals when necessaryninth (9th) floors of the Buidling). All Lessee shall not violate, nor permit Lessor or the Premises to be in violation of, any Laws, and Lessee shall pay any and all costs and expenses incident to such compliance, and perform all repairs made related thereto, and Lessee shall and does hereby indemnify and hold harmless Lessor from and against any and all costs, expenses, claims and damages by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness reason of any violations of any Laws affecting or imposed upon the Premises or any portion thereof, whether or not same relate to those originally used in constructing or be for a period prior to the Building and the Premises. (b) Landlord, throughout the Term Commencement Date of this Lease Lease, or relate to or involve any extraordinary or ordinary, or structural or non-structural, change and at Landlord’s sole cost irrespective of whether such Laws or Repairs be of a kind that might be deemed to be within the contemplation of the parties hereto. In the event Lessee fails to so make such Repairs, as required hereunder, Lessor may do so, during the term hereby granted as same may be renewed, or after the expiration thereof, and expensesall costs and expenses consequent or in any way related thereto, shall make all necessary repairs be promptly repaid by Lessee to the footings and foundations and the structural steel columns and girders forming a part of the PremisesLessor as additional rent hereunder. (c) Landlord Lessee shall maintain at all HVAC systems, plumbing times keep the Premises and electric systems serving the Building in neat, clean and sanitary condition and will not allow any refuse or garbage, or cartons or like material resulting from deliveries, or loose or waste material to accumulate in or about the Premises or the Building. All trash, rubbish, waste material and other garbage must be disposed of by Lessee on a regular basis, at Lessee's sole expense. In the event Lessee fails to clean in accordance with this Paragraph 7 upon written notice from Lessor so to do, Lessor may clean the same and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, thereof will be paid by Lessee to Lessor upon demand as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereofadditional rent. (d) LandlordBefore commencing any material repairs, throughout the Term of replacements, maintenance, alteration, decoration or improvements set out above, or elsewhere referred to in this Lease, Lessee shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Buildingobtain Lessor's written approval, which serve more than one tenant of the Buildingapproval shall not be unreasonably withheld or denied, and will, if required by Lessor to any drivewaysdo so, sidewalks, curbs, loading, parking submit plans and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repairspecifications therefor. Tenant shall pay its Allocated Share of the cost of all Any repairs, as limited under Article 6 with respect to capital repairsreplacements, to maintenance, alterations, decorations or improvements so done by Lessee must be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided carried out in Article 6 hereofa good and workmanlike manner. (e) Landlord shall keep If Lessee refuses or neglects to repair properly as required hereunder and maintain all common areas appurtenant to the Building and reasonable satisfaction of Lessor, Lessor may make such repairs without liability to Lessee for any sidewalksloss or damage that may accrue to Lessee's merchandise, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and icefixtures or other property or to Lessee's business by reason thereof, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant upon completion thereof, Lessee shall pay its Allocated Share Lessor's actual reasonable costs in the circumstances for making such repairs, immediately upon presentation of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Buildinga ▇▇▇▇ therefor. (f) Notwithstanding anything herein Lessee waives the provisions of any applicable law or regulation that would require Lessor to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for maintain the Premises Monday through Friday of each week in accordance a tenantable condition or would provide Lessee with the guidelines set forth in Exhibit “D” attached hereto right to make repairs and the Tenant shall pay its Allocated Share of deduct the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense those repairs from the Fixed Rentrent.

Appears in 1 contract

Sources: Lease (Alabama National Bancorporation)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant9.1 Landlord, at its sole cost and expense and throughout the Term of this Leaseexpense, shall be responsible for the repair, maintenance and, if necessary, replacement of the structural elements, the roof structure, foundation and the structural integrity of floor slabs of Building 6, provided that Tenant shall pay for the cost of any such repairs to the extent occasioned by the negligent act, omission or willful misconduct of Tenant, its agents, employees, invitees, licensees or contractors, or by the construction of Tenant Improvements by Tenant, but only to the extent such cost is in excess of any proceeds received by Landlord from the insurance for Building 6 maintained by Landlord pursuant to Section 14.2. 9.2 Subject to reimbursement by Tenant as provided in Article 10 hereof, Landlord shall keep and maintain in good repair (including replacement as necessary), the roof covering and the exterior surfaces of the exterior walls and window frames of Building 6 (exclusive of doors, door frames, door checks and other entrances and windows), all Outdoor Areas (defined in Section 10.1) on Parcel 6, all Shared Areas (as defined in the Declaration) for the use of Parcel 6 and all systems (including sewer, gas, electrical and water lines) serving the Premises to the point of connection to Building 6. Tenant shall give Landlord prompt written notice of any damage to the Premises requiring repair by Landlord. 9.3 Except to the extent of Landlord’s obligations provided in Sections 9.1 and 9.2 hereof, Tenant shall, at its expense, keep and maintain the Premises and every part thereof in good order order, condition and conditionrepair, free including, without limiting the generality of accumulation the foregoing, all equipment or facilities specifically serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire hose connections if within the Premises, fixtures, interior walls, interior surfaces of dirt exterior walls, ceilings, floors, windows, doors, plate glass, and rubbishskylights. Notwithstanding the foregoing, Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability not be required to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make any such repairs to the Premises within a reasonable time extent occasioned by the negligent act or omission or willful misconduct of notice to Landlord, its agents, employees, or contractors. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials keep its sewers and equipment which are at least equal in quality drains open and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs clear to the footings and foundations and the structural steel columns and girders forming a part perimeter of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep the hallways and/or sidewalks and maintain all landscaped common areas in a neat adjacent to the Premises clean and orderly conditionfree of debris created by Tenant. Tenant shall pay its Allocated Share of reimburse Landlord on demand for the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs damage to the Premises, Building 6 or Project and its appurtenant common areas made necessary Landlord’s Parcels caused by a negligent or willful act or omission of Tenant or any employeeits employees, agentagents, contractorcustomers, suppliers, shippers, contractors, or invitee invitees which is in excess of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance any proceeds received by Landlord. (g) Landlord from the insurance for Building 6 maintained by Landlord pursuant to Section 14.2. If Tenant shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance fail to comply with the guidelines set forth in Exhibit “D” attached hereto foregoing requirements within ten (10) days after notice from Landlord, Landlord may (but shall not be obligated to) effect such maintenance and the Tenant shall pay its Allocated Share of repair, and the cost thereof together with interest thereon at the Interest Rate (defined below) shall be due and payable as Additional Rent as provided in Article 6 hereofto Landlord within thirty (30) days following receipt of Landlord’s written statement of such costs. (h) If 9.4 Tenant in keeping the Premises in good order, condition, and repair shall exercise and perform good maintenance practices including obtaining, at its expense, a contract for the repair and maintenance of the air conditioning and heating system, if any, exclusively serving the Premises and provide Landlord shall fail to perform any with a copy of its obligations under this Lease and such failure continues for a period of more than said contract within thirty (30) days after receipt Tenant takes possession of the Premises. The contract shall be for the benefit of Landlord and Tenant and in a form and placed with a licensed contractor satisfactory to Landlord. Tenant obligations shall include restorations, replacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, condition and state of repair, except the extent of Landlord’s obligations expressly set forth in this Lease. 9.5 Tenant shall not make any exterior or structural alterations, changes or improvements in or to the Premises or material modifications to any of the Base Building operating systems within the Premises without first obtaining Landlord’s prior written consent (which may be withheld by Landlord in its sole discretion as to exterior alterations, and which shall not be unreasonably withheld or delayed with respect to structural or Base Building system modifications), and all of the same shall be at Tenant’s sole cost. Landlord’s consent shall not be required for any interior cosmetic alterations or alterations not affecting Base Building exterior, structure or systems as referenced above, or for any alterations, changes, replacements or improvements to any interior nonstructural Special Tenant Improvements or any other elements of Tenant’s Work; provided that Tenant shall obtain required permits and comply with all other Legal Requirements and all requirements of Article 8 and Exhibit C regarding construction by Tenant and shall notify Landlord not less than ten (10) days prior to commencing any such alterations to give Landlord an opportunity to post a notice of non-responsibility. Landlord may impose as a condition of its consent (when required) such requirements as Landlord, in its reasonable discretion, may deem necessary, including but not limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord, and that good and sufficient plans and specifications be submitted to Landlord at such times as its consent is requested. Further, Landlord’s consent to any alteration which Tenant proposes to make after the Commencement Date shall designate by written notice from to Tenant specifying such failureany of the alterations, additions and improvements (collectively, “Alterations”) which Landlord will require Tenant to remove at the expiration or termination of the Lease and those Alterations (if such failure any) which Tenant is of a nature not permitted to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and remove. If Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure)so designates, Tenant mayshall prior to the expiration of the Term promptly remove the Alterations designated to be removed and repair all damage caused by such removal at its cost and with all due diligence, in addition and shall surrender the Premises with all Alterations which Tenant is required to leave. Unless Landlord designates as a condition to granting its consent to any other remedy available at law Alterations that removal by Tenant is required or in equityprohibited, upon at least five (5) business days prior written noticeTenant shall have the right, incur any reasonably necessary expense to perform but not the obligation to remove from the Premises the Alterations for which consent was obtained so long as Tenant promptly repairs any damage resulting from such removal. Except as otherwise expressly provided herein, all Alterations made by Tenant (specifically excluding Tenant’s furniture, trade fixtures and equipment) shall become the property of Landlord specified in such notice and deduct such expense from a part of the Fixed Rentrealty and shall be surrendered to Landlord upon the expiration or sooner termination of the Term hereof.

Appears in 1 contract

Sources: Lease Agreement (Formfactor Inc)

Repairs and Maintenance. (a) Except Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking ATL01/10756990v6 facilities, the public areas and the, landscaped areas. Such maintenance shall be in a manner comparable to other buildings in Wildwood Office Park and shall include, without limitation, the "Maintenance Services", as specifically otherwise provided defined below. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord within fifteen (15) days after demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenantability and material repairs necessitated by damage caused by Landlord, its agents or employees acting within the scope of their agency or employment. The term Maintenance Services shall include (i) maintaining the exterior walls, exterior windows, exterior doors and roof of the Building, common areas, public corridors, stairs, elevators, storage rooms, restrooms, the heating, ventilating and air conditioning systems, electrical and plumbing systems of the Building, the walks, paving and landscaping surrounding the Building, (ii) grounds care, including, but not limited to, the sweeping of walks and parking areas and maintenance of landscaping in subparagraphs an attractive manner, illumination, snow removal, deicing and lawn care, all consistent with the grounds care of Wildwood Office Park, (biii) general maintenance, including supervision, inspections and management functions as typically carried out in Wildwood Office Park, and (iv) extermination and pest control services for the Building (and common areas herein) and (c) of this Article, Tenant, at its sole cost and expense and throughout parking deck for the Term Building when necessary. Notwithstanding any other term of this Lease, shall keep and maintain if Landlord has requested that Tenant consent to a capital investment intended to promote safety and, pursuant to the Premises in good order and condition, free terms of accumulation of dirt and rubbish. Article 9(a)(6) Tenant shall have has not consented to the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenantexpenditure ("Unapproved Safety Expenditure"), Landlord shall have no obligation to make such repairs expenditure. Furthermore, Tenant for itself and its employees hereby waives and releases Landlord from and agrees to the Premises within a hold Landlord harmless against any and all liability, loss, cost, damage or expense, including without limitation, court costs and reasonable time of notice to Landlord. When used in this Article 14attorneys fees, the term “repairs” shall include replacements and renewals when necessary. All repairs made incurred or suffered by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness or its employees arising out of or resulting from the failure to those originally used in constructing the Building and the Premisesmake an Unapproved Safety Expenditure or to undertake actions that would have been made possible by such expenditure. (b) Landlord, throughout the Term of this Lease Tenant covenants and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part agrees that it will take good care of the PremisesDemised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for (i) normal wear and tear and (ii) casualty damage and condemnation. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail fails to keep or perform any of its obligations under this the Lease with respect to repairs and maintenance of the Demised Premises or Building required under the Lease to be made by Landlord, if such failure continues materially and adversely affects ATL01/10756990v6 Tenant's ability to use the Demised Premises for normal business operations; or if Landlord fails to keep the common areas of the Building and Project in a period condition at least comparable to the upkeep of more than other first class buildings in the area of the Building, and if either such failure materially and adversely affects Tenant's ability to use the Demised Premises for normal business operations; then, upon the continuance of such failure on Landlord's part for thirty (30) days after the receipt by Landlord and any mortgagee of written notice from Tenant specifying such failureindicating with specificity the nature of the failure (or , or if in the case of any such failure which cannot reasonably be cured within thirty (30) days, within such additional period, if any, as may be reasonably required by Landlord to cure such failure with due diligence), and without waiving or releasing Landlord from any obligation, then (i) Tenant may undertake to perform such obligation, and all sums actually paid or incurred by Tenant and all necessary and incidental costs and expenses (but not costs to improve the Building, Demised Premises or other facilities beyond rectifying Landlord's failure), including reasonable attorney's fees and expenses paid to legal counsel, incurred by Tenant in making such payment or performing such obligation, together with interest thereon at the prime rate of interest quoted from time to time by SunTrust Bank, N.A., main branch, Atlanta, Georgia, plus one percent (1%) interest per annum, from the date the payment in question is of a nature received by Tenant, shall be paid by Landlord to require more than Tenant within thirty (30) days for remedy and continues beyond the time reasonably necessary to cure after demand, or (and Landlord has not undertaken procedures to cure the default within such thirty (30ii) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to may pursue any other remedy remedies available to Tenant at law or in equityequity to collect payment and/or cause Landlord to cure such failure. Notwithstanding anything to the contrary set forth hereinabove, upon at least five (5) business days prior written notice, incur any reasonably necessary expense Tenant shall be entitled to perform the obligation any such obligations of Landlord specified only within the Demised Premises or in the elevator lobbies on floors occupied solely by Tenant and Tenant shall not be entitled to perform such notice obligations with respect to any portions of the Building systems or facilities that serve any other tenant's space. Any contractors employed by Tenant to cure a Landlord failure hereunder shall be reputable contractors and deduct Tenant upon completion of such expense from work shall provide appropriate lien waivers to Landlord. In effectuating a cure in connection with Tenant's self-help or cure rights hereunder, Tenant shall take precautions that a. reasonable building manager would undertake to avoid unreasonable interference with other tenants in the Fixed RentBuilding or the Building systems (such as electrical or mechanical systems).

Appears in 1 contract

Sources: Lease Agreement (Indus International Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) 9.1 Landlord shall maintain all HVAC systemsand repair the foundation, plumbing exterior walls and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside roof of the Premises at its own cost and the common areasexpense, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that if any maintenance or repair work for the foundation, exterior walls, exterior paint, roof, asphalt paving and concrete paving of the Premises is required as a result of any negligence or willful misconduct of Tenant or any of Tenant's agents, employees, shippers, customers, invitees or contractors, such work shall be at Tenant's sole cost and expense. Subject to Landlord's obligations as set forth in Paragraph 2.1 above, Tenant shall keep all other portions and components of the Premises, and including all plumbing, HVAC systems, electrical and lighting systems, ceilings, plate glass and skylights in good order, condition and repair during the Lease Term and the Extended Term. Without limiting the generality of the foregoing, Tenant shall perform all maintenance detailed in Paragraph K (mechanical service controls) of the Performance Standards of the Dominguez Technology Center attached hereto as Exhibit A. Tenant shal▇ ▇▇▇▇ ▇▇intain any of Tenant's property visible from outside the building in the same condition, with the surfaces thereof painted at such intervals and such colors as Landlord shall approve. Except as provided above, Tenant shall promptly replace any portion of the Premises or system or equipment in the Premises which cannot be fully repaired, regardless of whether the benefit of such replacement extends beyond the Lease Term or any Extended Term. Tenant shall maintain the Premises in an orderly, first-class and fully operative condition. Landlord shall maintain the exterior landscaping for the Premises in accordance with Landlord's then-prevailing landscape maintenance standards, and the amount by which the cost of such landscape maintenance work exceeds the Annual Landscape Base Amount shall be paid by Tenant to Landlord as additional rent. The annual landscape expenses, during the initial lease term, shall not increase by more than a cumulative five percent (5%), compounded annually, over each prior year's actual landscape expense. The starting Annual Landscape Base Amount is Seven Thousand Four Hundred Sixteen and 00/100ths Dollars ($7,416.00). Such payments shall be made by Tenant within ten (10) days following Tenant's receipt of an invoice from Landlord. Except for Landlord's obligations for maintenance and repair of the foundations, exterior walls, exterior paint, roof, asphalt paving and concrete paving of the Premises, Landlord shall have no responsibility obligation to repair or maintain the Premises, the improvements or any areas adjacent thereto. Tenant waives the provisions of any law permitting Tenant to make any repairs unless at Landlord's expense. 9.2 All of Tenant's obligations to maintain and until repair shall be accomplished at Tenant's sole expense. If Tenant fails to maintain and repair the Premises, Landlord receives written notice may, at its election, notify Tenant of the need for Tenant's obligation to undertake such repair or and maintenance work. If Tenant fails to commence such work within forty-eight (48) hours of receipt of such notice Landlord has actual knowledge may enter the Premises and perform any such work on behalf of Tenant. Notwithstanding the need foregoing, no notice to make such repair. Tenant shall pay its Allocated Share be required in case of emergency, and in the cost event of an emergency Landlord may enter the Premises and perform such repair and maintenance on behalf of Tenant. In any such case, Tenant shall reimburse Landlord for all repairscosts so incurred immediately upon demand, together with interest thereon at the "Lease Interest Rate" (as limited under Article 6 with respect defined in Paragraph 26.26, below). Landlord's right to capital repairs, to be performed by Landlord perform maintenance and repair work pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) 9.2 shall not be deemed to create any obligation on the part of Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and icedo so, and shall keep not in any way limit Landlord's remedies under this Lease. Any design or construction work undertaken by or at the direction of Tenant which affects the Premises or any improvements located on the Premises (including, without limitation, any repair work, maintenance work, tenant improvement work or restoration work) shall be performed by duly qualified and maintain all landscaped areas in a neat properly licensed and orderly conditioninsured design professionals or contractors (as the case may be) reasonably satisfactory to Landlord. Tenant shall pay its Allocated Share submit the names of the cost of all work any such design professionals and contractors to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited prior to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to commencement of any construction work on the Premises. If Landlord, Building acting reasonably and in good faith, disapproves of any design professional or Project and its appurtenant common areas made necessary contractor selected by a negligent or willful act or omission of Tenant or any employeeTenant, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except select a new design professional or contractor reasonably satisfactory to the extent of insurance proceeds received by Landlord. (g) Landlord 9.3 Upon the expiration or sooner termination of this Lease, Tenant shall provide Tenant with janitorial services for surrender the Premises Monday through Friday to Landlord, broom clean and in the same condition as received, except for ordinary wear and tear which Tenant is not otherwise obligated to remedy under any provision of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto this Lease, and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease except for repair and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform maintenance items which are the obligation of Landlord specified in such notice pursuant to Paragraph 9.1, above. Any damage to, or deterioration of, the Premises shall be deemed not to be ordinary wear and deduct such expense from tear if the Fixed Rent.same could have been prevented by good

Appears in 1 contract

Sources: Single Tenant Industrial Lease (Target Logistics Inc)

Repairs and Maintenance. Tenant shall maintain, repair, or replace (aand so deliver at the end of the Lease Term) Except each and every part of the Demised Premises, including without limitation, all interior glass, interior doorways and doors, interior walls, interior ceilings, interior floors, plumbing from the point at which it departs from the water or sewer mains, electrical, HVAC, fire protection sprinklers from the point at which they depart from the sprinkler main, and all equipment located within the Demised Premises, all equipment or other items on the roof that serve the Demised Premises, all equipment in the dock areas serving the Demised Premises (such as specifically otherwise provided in subparagraphs (bTenant’s electrical services, gas services, etc.) and all equipment serving the dock areas that are part of the Demised Premises (cincluding dock levelers, dock seals and rear canopies, but excluding the standard dock doors that are furnished by Landlord for each dock) in the same state of this Articlefirst class repair and condition as it had been on the Commencement Date, and shall make at Tenant, at its ’s sole cost and expense such replacements, restorations, renewals or repairs, in quality equivalent to the original work replaced, as may be required to so maintain the same, ordinary wear and throughout tear only excepted, unless such unsatisfactory state of repair and condition is caused solely by the Term gross negligence or willful misconduct of this Leasethe Landlord or Landlord’s employees, agents or contractors. Equipment servicing the Demised Premises that is located outside the Demised Premises shall keep be maintained by Tenant if it was installed by the Tenant or by the Landlord as part of Landlord’s Work (e.g. HVAC equipment located on the roof). Tenant shall make no exterior or interior alterations, except for (1) alterations other than as required pursuant to Tenant’s obligations to make repairs and maintain the Premises Demised Premises; and (2) cosmetic, non-structural alterations, such as painting, carpeting, and wall papering, costing less than $10,000 per alteration or series of alterations (such alterations requiring written notice to Landlord, but not Landlord’s written consent), without Landlord’s prior written consent, and in any case, all work performed by Tenant shall be done in a good order and conditionworkmanlike manner, free of accumulation of dirt and rubbishso as not to disturb or inconvenience other tenants in the Building or on the Property. Tenant shall have not at any time permit any work to be performed on the option Demised Premises except by duly licensed contractors or artisans, each of replacing lightswhom must carry general public liability insurance, ballastsin such amounts as are reasonably directed by Landlord and under which Landlord is an additional insured, tubes, ceiling tiles, outlets and similar equipment itself certificates of which shall be furnished to Landlord. At no time may Tenant or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairscontractors, agents or employees do any work that results in a claim of lien against the Demised Premises or any other property of the Landlord. If requested Upon termination of the Lease or vacation of the Demised Premises by Tenant, Landlord Tenant shall make such repairs restore at Tenant’s sole expense the Demised Premises to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, same condition as existed at the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share completion of Landlord’s cost for HVACWork, electric ordinary wear and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Buildingtear only excepted; provided, however, that Landlord shall have no responsibility may elect to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need require Tenant to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be leave alterations performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereofTenant. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease Agreement (Interpace Biosciences, Inc.)

Repairs and Maintenance. SECTION 1. Landlord shall keep and maintain the Building and its fixtures, appurtenances, systems and related facilities (a) Except including the central heating, ventilating and air conditioning systems and the central or core elevator and plumbing systems), serving the Demised Premises and the Building, in good working order, condition and repair (but any auxiliary or supplementary heating, ventilating or air conditioning units or equipment, plumbing fixtures, serving only the Demised Premises shall be Tenant's responsibility under Section 2 hereof), and Landlord shall make all repairs to preserve the strength of the structural components of the Building, interior and exterior, as specifically and when needed in the Building, except as indicated in the second sentence of Section 2 hereof, except further for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this Lease, including but not limited to the provisions of Article 13. SECTION 2. Tenant shall take good care of the Demised Premises and the fixtures and appurtenances therein and thereto (including, without limitation, windows and doors adjoining, or used exclusively in connection with, the Demised Premises, and at its sole cost and expense shall pay for all repairs thereto, as and when needed to preserve them in good working order and condition except as otherwise provided in subparagraphs (b) and (c) of this ArticleSection 1 hereof. In addition, Tenant, at its sole cost and expense and throughout the Term of this Leaseexpense, shall keep pay for all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and maintain about the Demised Premises, the Building and the Complex as shall be required by reason of (a) the performance or existence of work by Tenant necessary to suit the Demised Premises to Tenant's initial occupancy (other than work performed by Landlord) or in good order and conditionconnection with Tenant's Changes, free (b) the installation, use or operation of accumulation Tenant's Property in the Demised Premises, (c) the moving of dirt and rubbishTenant's Property in or out of the Building, or (d) the misuse, neglect or improper conduct of Tenant or any of its employees, agents, or contractors. As soon as any such repair is required, Tenant shall have the option of replacing lightsnotify Landlord, ballastswho shall, tubesin turn, ceiling tilesat its option, outlets and similar equipment itself either make such repair (at Landlord's Charge), or it shall have the ability notify Tenant to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested All such repairs shall be of quality and class at least equal to the original work or construction. The provisions of this Section 2 shall not apply in the case of fire or other casualty damage covered by TenantArticle 13 hereof. SECTION 3. Except as expressly otherwise provided in this Lease and in instances caused by Landlord's negligent or otherwise wrongful act or omission, Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to Tenant's business arising from Landlord or any tenant making repairs or changes or performing maintenance services, whether or not Landlord is required or permitted by this Lease or by law to make such repairs or changes or to perform such services in or to any portion of the Building or the Demised Premises, or in or to the Premises within fixtures, equipment, or appurtenances of the Building or the Demised Premises, provided that Landlord shall be reasonably diligent with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Tenant and otherwise in such a reasonable time manner and to the extent practicable as will not unreasonably interfere with Tenant's use and occupancy of notice to Landlordthe Demised Premises. SECTION 4. When used in this Article 14, Lease the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, "repair" shall be included deemed to include restoration and replacement as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to may be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (achieve and/or maintain good working order and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rentcondition.

Appears in 1 contract

Sources: Lease Agreement (Atlas Air Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) 15.01 Subject to Landlord's obligations under Section 15.02, Tenant shall take good care of the interior of the Demised Premises and (c) of this Articlethe fixtures and appurtenances therein, Tenant, and at its sole cost and expense shall make all repairs thereto, as and throughout when needed to preserve them in good working order and condition. In addition, Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Term Demised Premises and the Building as shall be required by reason of this Lease(i) the performance or existence of work by Tenant necessary to suit the Demised Premises to Tenant's initial occupancy or Tenant's work, (ii) the installation, use of operation of Tenant's property in the Demised Premises, (iii) the moving of Tenant's property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors. Tenant shall not be responsible, and Landlord shall be responsible, for any repairs to the Demised Premises as are required by reason of Landlord's neglect or other fault in the manner of performing any work as part of Landlord's Work or Tenant's work which may be undertaken by Landlord for Tenant's account or as are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. 15.02 Landlord shall keep and maintain the Building and its fixtures, appurtenances, systems (including, HVAC, plumbing and electrical systems providing service to the Demised Premises) and facilities serving the Demised Premises and the Common Areas, in good order working order, condition and condition, free of accumulation of dirt repair and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, interior and exterior, except as limited under Article 6 with respect to capital expendituresindicated in Section 15.01, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities when needed in the Building, except for those repairs for which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord is responsible pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.any

Appears in 1 contract

Sources: Lease (At Plan Inc)

Repairs and Maintenance. (a) 15.01 Except as specifically otherwise provided in subparagraphs (b) set forth herein, Tenant shall take good care of the Demised Premises and (c) of this Articlethe fixtures and appurtenances therein, Tenant, and at its sole cost and expense shall make all repairs thereto, as and throughout when needed to preserve them in good working order and condition. In addition, except as otherwise set forth herein Tenant at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Term Demised Premises and the Building as shall be required by reason of this Lease(i) the performance or existence of work by Tenant necessary to suit the Demised Premises to Tenant's initial occupancy or Tenant's Work (ii) the installation, use or operation of Tenant's property in the Demised Premises, (iii) the moving of Tenant's property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors. Tenant shall not be responsible, and Landlord shall be responsible, for any repairs to the Demised Premises as are required by reason of Landlord's neglect or other fault in the manner of performing any work included in the Work Letter or Tenant's Work which may be undertaken by Landlord for Tenant's account or as are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. 15.02 Landlord shall keep and maintain the Premises Building and its fixtures, appurtenances, systems (including base building H/V/A/C and perimeter heat pump units) and facilities serving the Demised Premises, in good order working order, condition and condition, free of accumulation of dirt repair and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, interior and exterior, except as limited under Article 6 with respect indicated in Section 15.01 as and when needed in the Building, except for those repairs for which Tenant is responsible pursuant to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term any other provisions of this Lease, shall make and subject to all necessary repairs other provisions of this Lease, including but not limited to the Building outside provisions of Article 21. Landlord shall also keep and maintain the Premises and the common areasgrounds, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loadingdriveway, parking areas and landscaped areassidewalks in good order, condition and other exterior improvements for the Building; providedrepair and in compliance with all applicable governmental laws, howeverordinances and regulations. 15.03 Except as expressly otherwise provided in this Lease, that Landlord shall have no responsibility liability to make Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord or any tenant making any repairs unless and until or changes or performing maintenance services, whether or not Landlord receives written notice of the need for such repair is required or Landlord has actual knowledge of the need permitted by this Lease or by law to make such repair. Tenant shall pay its Allocated Share repairs or changes or to perform such services in or to any portion of the cost Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of all repairsthe Building or the Demised Premises, as limited under Article 6 provided that Landlord shall be reasonably diligent with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to capital repairs, Tenant and otherwise in such manner and to be performed by Landlord pursuant to this Paragraph 14(d) the extent practical as Additional Rent as provided in Article 6 hereofwill not unreasonably interfere with Tenant's use and occupancy of the Demised Premises. (e) 15.04 During the term of this Lease, the Landlord shall keep make improvements, alterations and maintain all common areas appurtenant modifications to the Building and any sidewalksHigh Ridge Park as may be necessary to comply with the requirements of the Americans with Disabilities Act. Said improvements, parking areas, curbs alterations and access ways adjoining the Property modifications shall be done in a clean and orderly conditionmanner which is consistent with the standards of a Class A office building in Stamford, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly conditionConnecticut. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to also perform any of its obligations under this Lease Lease, and such failure continues shall maintain the Building and High Ridge Park, in accordance with all applicable laws and requirements of public authorities. 15.05 In the event that Landlord shall, as the result of Landlord's negligence or willful misconduct (and specifically not due to Unavoidable Delays) fail to provide any of the services to be provided by Landlord which are limited to HVAC, electricity, water or elevator service, and solely as a result thereof Tenant's business is suspended and Tenant is unable to and does not use the Demised Premises for the conduct of its business for a period of more than thirty (30) five consecutive business days after receipt Tenant shall be entitled to receive an equitable abatement of written rent for any period in excess of said five consecutive days during which such services is interrupted, curtailed or suspended, provided that Tenant has given Landlord notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (loss of services and Landlord has not undertaken procedures failed to cure the default restore said services within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written after said notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease (Synapse Group Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) Tenant represents and (c) warrants to Landlord that it has had the opportunity to inspect the Leased Premises prior to the execution of this Article, Tenant, at its sole cost Lease and expense that the same are clean and throughout the Term of this Lease, in good repair. Tenant shall keep and maintain the interior and exterior of the Leased Premises in good order order, condition and conditionrepair including, without limitation, (a) the roof, down spouts, gutters, sidewalks, walls, plate glass of windows and doors; (b) all mechanical, electrical and heating and air conditioning systems (including but not limited to all duct work and transmission conduits), and 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 considered a part; (d) the parking area (which shall include without limitation, keeping such area repaired, clear and free of accumulation 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 dirt Tenant's trade fixtures, equipment, furniture and rubbishother personal property placed in or about the Leased Premises, regardless of whether or not permanently affixed to the Leased Premises. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such all repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals said improvements when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to portions of the Building Leased Premises and any sidewalks, parking areas, curbs and access ways adjoining the Property other improvements in a clean and orderly condition. If Tenant fails to make the repairs required of Tenant herein, free or in the event of accumulation of dirtan emergency, rubbishLandlord may, snow and iceat its option, and shall keep and maintain all landscaped areas make the repairs in a neat and orderly condition. which event Tenant shall pay its Allocated Share of reimburse Landlord for the cost thereof, together with ten percent (10%) of all work to be performed by Landlord pursuant to this Paragraph (e) said cost for administrative fees, as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default additional rent hereunder within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rentdemand therefor.

Appears in 1 contract

Sources: Lease Agreement (Palweb Corp)

Repairs and Maintenance. (a) Except Tenant accepts the Premises, buildings and improvements in "as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, in" condition. Tenant shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly conditioncondition the Premises and make at its own expense all repairs and necessary replacements, free of accumulation of dirtincluding but not limited to, rubbishplumbing, snow heating, air conditioning, lighting fixtures, pipes and iceequipment, floor covering, ceiling, walls and shall keep and maintain plastering, windows the current alarm system as well as all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph kitchen equipment (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent that damage to such items is caused by an act of insurance proceeds received by God and shall be an insurable claim under the Landlord. (g) Landlord 's property policy). Tenant shall provide replace any and all locks, keys or bolts which are damaged. Tenant with janitorial services for shall, at its expense, make all repairs and additions to the Premises Monday through Friday of each week in accordance with as required by any governmental agency for health or safety. Tenant, at its expense, shall maintain all grass areas, if any, and shall mow all grass areas at such intervals necessary to neatly maintain such grass areas. Tenant, at its expense, shall maintain and repair the guidelines set forth in Exhibit “D” attached hereto guttering and the Tenant shall pay its Allocated Share downspouts of the cost thereof as Additional Rent as provided Premises, and shall maintain the parking areas, and shall remove rubbish, ice, and snow from the Premises and adjacent parking areas. Tenant, at its expense, shall maintain all exterior lighting. Should Tenant, in Article 6 hereof. (h) If Landlord shall Landlord's sole reasonable opinion, fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failureproperly maintain, repair, or if such failure replace those items for which Tenant is responsible, Landlord may proceed to make said repairs or replacements and recover the cost of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure)same from Tenant, Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rentas additional rent.

Appears in 1 contract

Sources: Contract of Purchase (Industrial Services of America Inc /Fl)

Repairs and Maintenance. Landlord shall keep and maintain the Common Areas of the Building clean and in good working order and shall maintain the Building and Property in first-class condition at all times during the Term. Landlord shall further make, or cause to be made, all necessary repairs to the structure and exterior of the Building, as well as to the mechanical, HVAC, electrical and plumbing systems servicing Building (aincluding, without limitation, all portions of such systems as are located within and/or exclusively serve the Demised Premises). Landlord shall also keep and maintain in good and tenantable condition and repair and replace, as necessary, (i) Except as specifically otherwise provided in subparagraphs the roof, roof drainage systems, exterior walls, foundations, floor (bexcept floor coverings), (ii) all structural components of the Demised Premises and the Building, (iii) all windows within, and/or comprising, the exterior walls of the Demised Premises and/or within, and/or comprising, the walls separating the Demised Premises from any Common Areas and (civ) of this Article, Tenantall doors providing access to the Demised Premises from any Common Areas. Landlord shall, at its sole cost and expense (and throughout not to be included in Operating Expenses), further make or cause to be made any other repairs and changes required to the Term Demised Premises and said Building by reason of any breach by Landlord of any provision of this LeaseLease or by reason of the negligence or fault of Landlord or its servants, agents or employees. Landlord shall keep maintain and maintain repair all sewer facilities and other utility facilities outside the Demised Premises in good order servicing the Demised Premises. Landlord shall cause all repairs and condition, free changes to be made without unreasonable interference with the operation of accumulation the Building or the business of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord any subtenant or licensee of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14herein, the term “repairsrepair” shall be deemed to include replacements restoration and renewals when necessaryreplacement as may be necessary to achieve or maintain good working order. All The cost of the foregoing maintenance and repairs made by Tenant shall utilize materials and equipment which are at least equal be included in quality and usefulness Operating Expenses, except to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term extent expressly excluded therefrom pursuant to any provision of this Lease (including, without limitation, the provisions of this Section and at Landlord’s sole cost and expensesof Section 7). Notwithstanding the foregoing, shall make all repairs made necessary repairs by the negligent acts or willful misconduct of Tenant, its agents, employees or invitees or by reason of damage caused by Tenant, its agents, employees or contractors, to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Demised Premises and the common areas, including the roof, walls, exterior or other portions of the Premises and the BuildingBuilding in connection with Tenant’s, utility linesits agents’, equipment and other utility facilities in the Buildingemployees’ or contractors’ construction of any alterations, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to . The provisions of this Section shall not apply in the extent case of insurance proceeds received damage or destruction by Landlord. (g) Landlord shall provide Tenant with janitorial services for fire or other casualty or in the Premises Monday through Friday case of each week in accordance with any taking; the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share obligations of the cost thereof as Additional Rent parties in such cases shall be as provided in Article 6 hereofother Sections of this Lease. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease Agreement (Lenox Group Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). When used in this Article 1413, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all Building HVAC systems, plumbing and electric systems serving the Building and the Premises. Premises generally (but not including supplemental units installed by or on behalf of Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof). (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property Project in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord.. Back to Contents (g) Landlord shall provide Tenant with janitorial services for the Premises (but not the laboratory area consisting of 8,000 rentable square feet) Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and .To the extent Tenant requires additional janitorial or trash removal services than typically provided to an office tenant, such services shall pay its Allocated Share of the cost thereof as Additional Rent as be provided in Article 6 hereofupon Tenant’s written request at Tenant’s cost. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Full Service Lease (Polymedix Inc)

Repairs and Maintenance. 7.1 Landlord's Obligations. Landlord shall maintain, repair, replace and keep in good operating and in a condition comparable to similar properties in the Fairfax, Virginia area, the Common Areas (aas defined in Section 39 below) Except as specifically otherwise (including, without limitation, the lobbies, elevators, stairs, parking areas, grounds, loading areas and corridors), the roofs, foundations, load-bearing elements, conduits and structural walls and other structural elements of the Building, the underground utility and sewer pipes of the Buildings, all base building mechanical, electrical, plumbing, HVAC system and the sprinkler system and other fire and life-safety systems, the cost of which shall be included within Operating Costs except to the extent set forth in Section 9.6, hereof, provided that, (i) any capital repairs or replacements to the Building shall be conducted at Landlord's sole expense, except to the extent provided in subparagraphs clause (bii) below, and in Section 9.6 of this Lease, and (ii) to the extent the need for any capital repairs or capital replacements arises as a the result of the negligence or willful misconduct of Tenant (or Tenant's agents, employees, contractors, invitees (while within the Premises), assignees or sub-tenants) and the same is not covered under the policies of casualty insurance which are required to be carried by the parties pursuant to this Lease (cin which case the proceeds of such insurance will be utilized to satisfy the cost thereof), the cost of such capital repairs or replacements shall be reimbursable by Tenant to Landlord as additional rent under this Lease, and such reimbursement shall be due not later than ten (10) business days after Landlord's written demand therefore. Any latent defects in the Buildings discovered by Tenant or Landlord within eighteen (18) months of this Article, Tenant, at the Commencement Date shall be timely repaired by Landlord as its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cureas an Operating Cost), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Sublease Agreement (Information Analysis Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout a. During the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by TenantTerm, Landlord shall make such repairs shall, subject to the Premises within terms of Section 21 hereof, perform diligently, promptly and in a reasonable time good and workmanlike manner all maintenance, repairs and replacements to: the structural components of notice the Building, including without limitation the roof, roofing system, exterior walls, bearing walls, support beams, foundations, columns, exterior doors and windows, and lateral support to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing Building; (ii) assure water tightness of the Building and the Premises. Premises (bincluding caulking of the flashings) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings roof, roofing system, curtain walls and foundations windows, if required to assure watertightness; (iii) the plumbing; lawn and fire sprinklers; heating, ventilation and air conditioning systems; electrical and mechanical lines, equipment and systems, including without limitation elevators; (iv) the structural steel columns and girders forming a part parking facility, common areas of the PremisesProperty and Building, including their lighting systems; (v) exterior improvements to the Building, including walkways, shrubbery and landscaping; (vi) the glass including cleaning and replacements; and (vii) normal routine maintenance, cleaning, and janitorial services. (c) Landlord b. Tenant shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises fixtures and the Building, utility lines, equipment and other utility facilities appurtenances therein in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such good repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of at all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenanttimes, except to the extent such maintenance is the responsibility of the Landlord pursuant to Section 12(a) above. During the Term, Tenant shall not cause or perform any redecorating of the interior of the Premises without the written consent of Landlord, which consent may be withheld in Landlord's sole discretion. c. Landlord, at Tenant's sole cost and expense, unless covered by any insurance proceeds received policy maintained by Landlord. , shall make all repairs to the Building (gexcluding the Premises) caused by the negligence or misconduct of Tenant, its agents, independent contractors, representatives, or employers, and Tenant shall promptly reimburse Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto reasonable costs and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereofexpenses for such work. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Facility Use Agreement (Pca Valdosta Corp)

Repairs and Maintenance. 9.1 Landlord shall maintain and repair the foundation and exterior walls of the Premises at its own cost and expense, provided, however, that if any maintenance or repair work for the foundation and exterior walls of the Premises is required as a result of any negligence or willful misconduct of Tenant or any of Tenant’s agents, employees, shippers, customers, invitees or contractors, such work shall be at Tenant’s sole cost and expense. Tenant shall maintain and repair the exterior paint and roof of the Premises. Landlord shall repair and replace the entire roof of the Building and shall provide Tenant with the benefit of at least a ten (a10) Except as specifically otherwise provided year warranty for the new roof. To the extent that roof repairs are covered by the roof warranty, Tenant shall receive the benefit of such warranty. Further, Tenant shall maintain and repair the asphalt paving and the concrete paving of the Tenant Yard Area. Tenant shall keep all other portions and components of the Premises (including, without limitation, all plumb­ing, HVAC systems, electrical and lighting systems, ceilings, plate glass and skylights) in subparagraphs working order, good condition and repair during the Lease Term and any Extended Term. Without limiting the generality of the foregoing, Tenant shall perform all maintenance detailed in Paragraph K (b) and (cmechanical service controls) of the Performance Standards of ▇▇▇▇▇▇ Land Company attached hereto as Exhibit A. Tenant shall promptly replace any portion of the Premises or system or equipment in the Premises which cannot be repaired to its condition as of the Commencement Date hereof, regardless of whether the benefit of such replacement extends beyond the Lease Term or any Extended Term. Tenant shall maintain the Premises in an orderly and operative condition, ordinary wear and tear excepted (but provided that all components of the building shall at all times be kept in working order). Landlord shall maintain the exterior landscaping for the Premises in accordance with Landlord’s then-prevailing landscape maintenance standards, and the amount by which the cost of such landscape maintenance work exceeds the Annual Landscape Base Amount of Twenty Six Thousand One Hundred Ninety Six and 00/100ths Dollars ($26,196.00) shall be paid by Tenant to Landlord as additional rent. Such payments shall be made by Tenant within ten (10) days following Tenant’s receipt of an invoice from Landlord. Tenant waives the provisions of any law permitting Tenant to make repairs at Landlord’s expense. 9.2 All of Tenant’s obligations to maintain and repair the Premises shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises, Landlord may, at its election, notify Tenant of Tenant’s obligation to undertake such repair and maintenance work. If Tenant fails to commence such work within fourteen (14) days of receipt of such notice Landlord may enter the Premises and perform any such work on behalf of Tenant. In the event of an emergency Landlord may enter the Premises and perform such repair and maintenance on behalf of Tenant. In any such case, Tenant shall reimburse Landlord for all reasonable costs so incurred immediately upon demand, together with interest thereon at the “Lease Interest Rate” (as defined in Paragraph 26.25, below). Landlord’s right to perform maintenance and repair work pursuant to this ArticleParagraph 9.2 shall not be deemed to create any obligation on the part of Landlord to do so, and shall not in any way limit Landlord’s remedies under this Lease. Any design or construction work undertaken by or at the direction of Tenant which affects the Premises or any improvements constituting a part of the Premises (including, without limitation, any repair work, maintenance work, tenant improvement work or restoration work) shall be performed by duly qualified and properly licensed and insured design professionals or contractors (as the case may be) reasonably satisfactory to Landlord. Tenant shall submit the names of any such design professionals and contractors to Landlord prior to the commencement of any construction work on the Premises. If Landlord, acting reasonably and in good faith, disapproves of any design professional or contractor selected by Tenant, Tenant shall select a new design professional or contractor reasonably satisfactory to Landlord. 9.3 Upon the expiration or sooner termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in the same condition as received, except for ordinary wear and tear which Tenant is not otherwise obligated to remedy under any provision of this Lease. Any damage to, or deterioration of, the Premises shall be deemed not to be ordinary wear and tear if the same could have been prevented by good maintenance practices. In addition, Landlord may require Tenant to remove any alterations, additions or improvements to the Premises (whether or not made with Landlord’s consent) prior to the termination of the Lease and to restore the Premises to its prior condition, or Landlord may perform such removals and restorations itself, all at Tenant’s expense. All alterations, additions and improvements which Landlord has not required Tenant to remove or which Tenant has not elected to remove, as provided herein, shall become Landlord’s property and shall be surrendered to Landlord upon the expiration or sooner termination of the Lease, except that Tenant may remove any of Tenant’s machinery or equipment which can be removed without damage to the Premises. If, whether in violation of this Lease or pursuant to Landlord’s permission (which may be granted or withheld in Landlord’s sole and absolute discretion), Tenant installs any “Underground Storage Tanks” (as defined herein) on the Premises, Tenant shall, at its sole cost and expense and throughout expense, remove any such Underground Storage Tanks immediately upon the Term request of Landlord, the expiration or sooner termination of this Lease, or the order of any governmental authority, whichever occurs first. Notwithstanding any provisions of this Lease to the contrary, such Underground Storage Tanks shall keep at all times be and maintain remain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord property of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When As used in this Article 14herein, the term “repairsUnderground Storage Tankshall include replacements means any one or combination of tanks, including all pipes, sumps, valves and renewals when necessary. All repairs made by Tenant shall utilize materials and other equipment connected thereto, which are at least equal in quality used for the storage of petroleum products, hydrocarbon substances or fractions thereof, or other Hazardous Materials, and usefulness to those originally used in constructing which are located wholly or partially beneath the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part surface of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repairground. Tenant shall pay its Allocated Share of the cost of all repairsrepair, as limited under Article 6 with respect to capital repairsat Tenant’s expense, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant any damage to the Building and Premises caused by the removal of any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Buildingsuch machinery or equipment. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease (Hansen Natural Corp)

Repairs and Maintenance. 15.01 Tenant shall take good care of the Demised Premises. Tenant, at its expense, shall promptly, using contractors reasonably acceptable to Landlord, make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building, as shall be required by reason of (ai) the performance or existence of Tenant's Work or Tenant's Changes, (ii) the installation, use or operation of Tenant's Property in the Demised Premises, (iii) the moving of Tenant's Property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors; but Tenant shall not be responsible for any of such repairs as are required by reason of Landlord's neglect or other fault in the manner of performing any of Tenant's Work or Tenant's Changes which may be undertaken by Landlord for Tenant's account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. Except as specifically otherwise provided in subparagraphs (b) and (c) if required by the neglect or other fault of this ArticleLandlord or its employees, agents or contractors, Tenant, at its sole cost expense, shall replace all scratched, damaged or broken doors or other glass (excluding exterior windows) in or about the Demised Premises and expense shall be responsible for all repairs, maintenance and throughout replacement of wall and floor coverings in the Term Demised Premises and, for the repair and maintenance of this Leaseall lighting fixtures therein. 15.02 Landlord, at its expense, shall operate the Building as a first-class office building and shall keep and maintain the Premises Building and its fixtures, appurtenances, systems and facilities serving the Demised Premises, in good order working order, condition and condition, free of accumulation of dirt repair and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs, structural and otherwise, interior and exterior, as and when needed in or about the Demised Premises, except for those repairs for which Tenant is responsible pursuant to the footings and foundations and the structural steel columns and girders forming a part any other provisions of the Premisesthis lease. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, 15.03 Except as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as expressly otherwise provided in Article 6 hereof. (d) Landlordthis lease, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this lease, or required by law, to make in or to any repairs unless and until Landlord receives written notice portion of the need for such repair Building or Landlord has actual knowledge the Demised Premises, or in or to the fixtures, equipment or appurtenances of the need Building or the Demised Premises, provided that Landlord shall use due diligence with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to make Tenant and otherwise in such repair. Tenant shall pay its Allocated Share manner as will not materially interfere with ▇▇▇▇▇▇'s use of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereofDemised Premises. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease (Credit Suisse First Boston Usa Inc)

Repairs and Maintenance. 18.1 Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Unit, the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (if any); common heating, ventilating, air conditioning systems; common elevators; exterior windows, and common electrical systems. 18.2 Except for services of Landlord, if any, required by Section 18.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, all walls, doors, ceilings and lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises), will make (a) Except all repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary (but excluding repairs required as specifically otherwise provided a result of a casualty or condemnation, which shall be addressed in subparagraphs accordance with Sections 24 and 25 hereof), and (b) replacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (cboth interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this ArticleLease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense expense: (a) to comply with all present and throughout future laws, orders and regulations of the Term Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of this Leasegarbage, shall keep trash, rubbish and maintain the Premises in good order and conditionother refuse (collectively, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, throughout the Term of this Lease and to require Tenant to arrange for such collection at LandlordTenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, shall make all necessary repairs fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the footings and foundations and the structural steel columns and girders forming a part provisions of the Premisesthis Section. (c) 18.3 Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost not be liable for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless and until such failure shall persist for an unreasonable time after Tenant provides Landlord receives with written notice of the need for of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord has actual knowledge of begins the need repair or maintenance within such period and diligently prosecutes the same to make such repair. completion)), Tenant shall pay its Allocated Share of may perform the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) repair or maintenance and Landlord shall keep and maintain all common areas appurtenant to reimburse Tenant for its reasonable out-of-pocket costs for performing the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than same within thirty (30) days after receipt of written notice an invoice from Tenant specifying therefor. Notwithstanding anything in this Section to the contrary, before performing any such failurerepairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance. 18.4 If any excavation shall be made upon land adjacent to or under the Building, or if shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such failure excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to 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 provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use. 18.5 Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than the Units) and the Condominium Common Areas. The cost of the foregoing items shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. 18.6 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a nature casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article. 18.7 Unless otherwise expressly excluded from Operating Expenses pursuant to require more than the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions exceeds the limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance maintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the deductible therefor within thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation after receipt of Landlord specified in such notice and deduct such expense from the Fixed Rentan invoice therefor.

Appears in 1 contract

Sources: Lease (Spark Therapeutics, Inc.)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article17.1. Subject to Landlord’s obligations hereunder, Tenant, at its sole cost and expense and throughout the Term of this Leaseexpense, shall maintain and keep the Premises, all improvements thereon, and maintain all appurtenances thereto, including but not limited to 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 Premises, in good order condition and condition, free of accumulation of dirt and rubbishin a manner consistent with the Permitted Use. Tenant shall have make all repairs, replacements and improvements, including, without limitation, all HVAC, plumbing and electrical repairs, replacements and improvements required, and shall keep the option of replacing lightssame free and clear from all rubbish and debris, ballastsexcluding, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14however, the term “repairs” shall include replacements foundation, slab, structural portions of the walls and renewals when necessaryroof (not including the membrane), and structural steel aspects of the Buildings. All repairs made by Tenant shall utilize materials and equipment which are be at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings original work, and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as made only by a portion of Recognized Expenses as provided licensed, bonded contractor approved in Article 6 hereof. advance by Landlord (d) Landlordwhich shall not be unreasonably withheld, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Buildingconditioned or delayed); provided, however, that such contractor need not be bonded or approved by Landlord shall have no responsibility if the non-structural alterations, repairs, additions or improvements to make be performed do not exceed Fifty Thousand Dollars ($50,000) per occurrence or an aggregate amount of One Hundred Thousand Dollars ($100,000) in any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repairtwelve (12) month period. Tenant shall pay its Allocated Share not take or omit to take any action, the taking or omission of the cost of all repairswhich shall cause waste, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant damage or injury to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly conditionPremises. Tenant shall pay its Allocated Share indemnify, defend (by legal counsel acceptable to Landlord) and hold harmless Landlord from and against any and all Claims (as defined below) arising out of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission failure of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense ’s Agents to perform the obligation of Landlord specified covenants contained in such notice this Section. “Tenant’s Agents” shall be defined to include Tenant’s officers, employees, agents, contractors, invitees, customers and deduct such expense from the Fixed Rentsubcontractors.

Appears in 1 contract

Sources: Lease Agreement (Illumina Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term (as may be extended) of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all repairs other than repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises necessary to keep and maintain such good order and condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s 's desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within with a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord's standard rate (such rate to be competitive with the market rate for such services). Tenant shall not use or permit the use of any portion of the Premises for outdoor storage except for exterior chemical storage in connection with Tenant's business operations at the Premises, provided that (i) the proposed storage area is designated on the plans to be provided in advance to the Landlord for its approval, (ii) Tenant has received, at its sole cost and expense, all federal, state and local permits, approvals and authorizations for the utilization of said storage area, (iii) the installation, use and operation of the storage area complies with all federal, state and local environmental and other laws, rules and regulations, and (iv) in the event that said storage area utilizes an area that would otherwise constitute one or more parking spaces in the Parking Area, the parking space or spaces utilized for storage area shall be counted in the number of parking spaces that Landlord is required to furnish to Tenant hereunder. Tenant shall be permitted to utilize the area that the previous tenant in the Premises utilized as a storage area provided, however, that Tenant hereby acknowledges that Landlord makes no representations, warranties or covenants regarding whether appropriate federal, state and local permits, approvals, and authorizations were previously obtained in connection with said storage area. When used in this Article 1415, the term "repairs" shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord . Tenant shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease Agreement (Immune Response Corp)

Repairs and Maintenance. 15.01 Tenant, at its sole cost and expense, (a) Except as specifically otherwise provided shall maintain in subparagraphs good working order and condition, and shall repair promptly, the floors, ceilings, interior walls, and doors of the Premises, (b) shall maintain in good working order and condition all other portions of the Premises, and the fixtures, equipment and appurtenances therein, including all Building systems and equipment therein that have been installed or modified in any way by or on behalf of Tenant or any other Tenant Party, and (c) promptly shall make all nonstructural repairs to all of the foregoing as and when needed to preserve the Premises (and all such fixtures, equipment and appurtenances) in good working order and condition, except for reasonable wear and tear and damage by casualty or condemnation. Furthermore, and notwithstanding anything in this ArticleSublease to the contrary, Tenant, at its sole cost and expense expense, shall maintain in good working order and throughout condition, repair promptly, all devices, systems, equipment and installations, whether located inside or outside the Term Premises and regardless of the nature of such repairs, that exclusively service the Premises (including the Supplemental HVAC Units, the Roof Installations, the Tenant’s Generator Equipment and the Tenant’s Signs), as may be required by applicable Legal Requirements and as may be otherwise required solely to maintain such devices, systems, equipment and installations in good working order and condition. (Except as otherwise provided in the succeeding sentence, the preceding sentence shall not apply to the Building’s risers, exterior windows, electrical closets, standpipes, sprinkler system outside the Premises or the Building HVAC Systems.) Notwithstanding anything in this Sublease to the contrary, but subject to the provisions of Section 11.03 hereof, Tenant, at its sole cost and expense, shall promptly make all Alterations and repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Premises and the Building, as shall be required by reason of (i) the performance or existence of Tenant’s Work or Tenant’s Alterations, (ii) the installation, use or operation of Tenant’s Property in the Premises or the installation, use or operation of the Roof Installations, (iii) the moving of Tenant’s Property in or out of the Building, (iv) the negligence or willful act of, or omission by, Tenant or any other Tenant Party, (v) the use of any portion of the Premises for a use that is not permitted under this Sublease, or (vi) a default under any of the terms, covenants or conditions in this Sublease on Tenant’s part to observe, perform or comply with. In addition, and notwithstanding anything in this Sublease to the contrary, Tenant, at its sole cost and expense, shall promptly make all repairs of any nature, to all devices, systems, equipment and installations, whether located inside or outside the Premises that are installed by or on behalf of Tenant or any other Tenant Party. Notwithstanding the foregoing, to the extent that Tenant is obligated to perform any Structural Alterations or structural repairs to any portion of the Premises or other portion of the Building or is obligated to perform any Alterations or repairs outside of the Premises, Landlord, at its election, upon notice to Tenant, may perform such Alterations or repairs on Tenant’s behalf in the event of an emergency or if Tenant fails to commence or diligently pursue such work to completion within any applicable notice and cure period set forth in this Sublease, in which event, Tenant shall reimburse Landlord for the reasonable and actual out-of-pocket costs paid or incurred by Landlord to perform such Alterations or repairs within thirty (30) days after Landlord’s request therefor, which request shall be accompanied by a reasonably detailed description of the repairs in question and reasonable evidence supporting the costs thereof. Tenant, at its sole cost and expense, shall be responsible for all repairs, maintenance and replacement of interior doors, walls and wall and floor coverings, signs, window treatments and window shades in the Premises and, for the repair and maintenance of all lighting fixtures therein. Nothing contained in this Section 15.01 shall require Tenant to perform any repairs to the Premises which, pursuant to the express provisions of Section 15.02, are Landlord’s obligation to perform, or to repair the property of any person (other than Tenant or any other Tenant Party) to the extent the need to repair such property results from the negligence or willful act or omission of Landlord. 15.02 Landlord, at its expense, except as otherwise expressly provided in Section 15.01 above, Articles 41, 45, 46 and 50 below, and as may be otherwise expressly provided in other provisions of this LeaseSublease, shall keep and maintain (or shall cause the Existing Lessor to keep and maintain) the Real Property, the Building (including the exterior walls of the Building, the structural portions of the Building, the roof of the Building and the exterior windows of the Premises, all to the extent, if not maintained, would adversely affect (by more than a de minimis extent) Tenant’s use of the Premises), the common areas, the sidewalks adjacent to the Building and the Building systems and the facilities that serve the Premises (including the Building HVAC Systems (as defined in Section 17.02 hereof) up to, in the case of the Building HVAC Units (as defined in Section 17.02 hereof) the main feed of the Building HVAC Units where same intersects the corresponding exterior wall of the Premises, and the system to furnish condenser water to the Supplemental HVAC Units), in good order working order, condition and conditionrepair and in the same, free or better, condition as comparable first class office buildings located in the Borough of accumulation Queens. 15.03 Except as may otherwise be expressly provided in this Sublease, Landlord shall have no liability to Tenant by reason of dirt any inconvenience, annoyance, interruption or injury to business arising from Landlord, Tenant or others making or failing to make any repairs or changes which, with respect to Landlord, Landlord is required or permitted by this Sublease, or required by any Requirement to make, in or to any portion of the Building or the Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Premises, except, in each case, to the extent caused by the gross negligence or willful misconduct of Landlord or a Landlord Party. With respect to any repairs which Landlord is obligated to make, the performance of which will affect Tenant’s use of the Premises for the Permitted Uses, Landlord shall use good faith commercially reasonable efforts in making any such repairs and rubbishshall perform such repair work, except in case of emergency, at times reasonably convenient to, and in coordination with, Tenant and otherwise in such manner as will minimize any disruption to Tenant’s use of the Premises; provided, however, the foregoing shall not require Landlord to perform any such repairs or changes on an overtime or premium time basis, except (i) in an emergency (i.e., a condition that threatens the health or safety of any occupant of the Premises), and (ii) if Tenant cannot, and, as a result of such repair does not, use all or any portion of the Premises, including a condition that denies Tenant from having reasonable access to the Premises. Tenant shall have permit Landlord to access the option Premises as needed to perform any such repairs, including repairs of replacing lightsany sprinklers or Class E systems. Notwithstanding the foregoing, ballastsbut not in the case of an emergency where the circumstances will not reasonably permit the following, tubesany repairs to be performed by Landlord, ceiling tileswhether within the Premises or outside of the Premises, outlets and similar equipment itself or it that adversely affect the continuous operation of the SOC, shall have the ability to advise Landlord of be scheduled in advance with Tenant at a time that shall minimize interference with Tenant’s desire to have Landlord make such repairs. If operation of the SOC, and if requested by Tenant, Landlord shall make perform such work on an overtime or premium time basis, provided that Tenant shall pay, as Additional Rent, the incremental cost for performance of the work on an overtime or premium time basis. For repairs that are to be performed within the Premises, Landlord shall perform same accompanied at all times by a representative of Tenant (which representative shall be provided at Tenant’s expense), but only to the Premises within a reasonable time of notice to Landlord. When used in this Article 14extent Tenant provides such representative, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice none of the need for such repair or foregoing shall require Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, repairs on an overtime or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the premium time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rentbasis.

Appears in 1 contract

Sources: Sublease (Jetblue Airways Corp)

Repairs and Maintenance. Landlord shall, as an Operating Expense (aexcept as excluded herein), promptly repair and maintain in first class condition and repair the exterior roof, including the roof membrane, exterior walls, skylights, foundations and structural portions of the Building and the Project and the improvements within the Common Areas, and any sidewalks, landscaping (including but not limited to irrigation systems and backflow prevention devices), Parking Areas, fences and signs located in the areas which are adjacent to the Building, and the components of the Building's systems (plumbing, electrical, and HVAC) Except located outside the Building. Subject to the waivers set forth in Paragraph 15 and to the provisions of Paragraph 16, and except as specifically otherwise covered by insurance, to the extent any such maintenance and repairs are caused by the negligent act, neglect or omission of any duty by Tenant or Tenant's employees, agents, contractors or invitees, then Tenant shall pay to Landlord, as Additional Rent, the entire cost of such maintenance and repairs. Landlord shall not, however, be obligated to paint the interior surface of exterior walls, ceiling or doors, nor shall Landlord be required to maintain, repair or replace windows, doors, or plate glass. Tenant shall promptly notify Landlord in writing of any repair required to be made by Landlord within the Premises. Landlord shall have no obligation to alter, remodel, improve, repair (other than repair of structural or load-bearing walls), decorate or paint the interior walls of the Premises. Unless otherwise provided herein, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in subparagraphs or to any portion of the Building, the Premises or parking areas or in or to fixtures, appurtenances and equipment therein. Tenant expressly waives the benefits of any statute (bincluding, without limitation, the provisions of subsection 1 of Section 1932, Section 1941 and Section 1942 of the California Civil Code and any similar law, statute or ordinance now or hereafter in effect) which would otherwise afford Tenant the right to make repairs at Landlord's expense (or to deduct the cost of such repairs from rent due hereunder) or to terminate this Lease because of Landlord's failure to keep the Premises in good order, condition and (c) of this Articlerepair. In all other regards, Tenant, at its Tenant's sole cost and expense and throughout the Term of this Leaseexpense, shall keep keep, maintain and maintain preserve the Premises in good order first class condition and conditionrepair and shall, free promptly make all non-structural repairs and replacements to the Premises and every part thereof, including but not limited to floors, ceilings, windows and doors (with any replacements of accumulation the same quality, specifications and finish as the existing windows and doors), interior walls, and the interior surfaces of dirt the exterior walls, plumbing, heating, air conditioning and rubbishventilating equipment within the Premises, telecommunications equipment and intrabuilding network cabling, fire/life safety systems, interior electrical and lighting facilities and equipment including circuit breakers and exterior lighting attached to the Premises. In the event Tenant fails to perform Tenant's obligations under this Section, Landlord shall give Tenant notice to do such acts as Landlord deems are reasonably required to so maintain the Premises. If Tenant, within fifteen (15) days after notice from Landlord, fails to commence to do the work and diligently prosecute it to completion, then Landlord shall have the option right (but not the obligation) to do such acts and expend such funds at the expense of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability Tenant as are reasonably required to advise Landlord of Tenant’s desire to have Landlord make perform such repairswork. If requested Any amount so expensed by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made be paid by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) promptly after demand as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease (Intuitive Surgical Inc)

Repairs and Maintenance. 14.01 Landlord shall, as a Cost of Operation, keep and maintain the Building and its fixtures, appurtenances, systems and related facilities (a) Except including the central heating, ventilating and air conditioning systems and the central or core elevator and plumbing systems), serving the Demised Premises, in good working order, condition and repair (but not auxiliary or supplementary heating, ventilating or air conditioning units or equipment, plumbing fixtures, serving only the Demised Premises shall be Tenant's responsibility under Section 14.02 hereof), and Landlord shall, as specifically a Cost of Operation make all repairs to preserve the strength of the structural components of the Building, interior and exterior, as and when needed in the Building, except as indicated in the second sentence of Section 14.02, except further for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease, and subject to all other provisions of this lease, including but not limited to the provisions of Article 15. 14.02 Tenant shall take good care of the Demised Premises and the fixtures and appurtenances therein and thereto (including, without limitation, windows and doors adjoining, or used exclusively in connection with, the Demised Premises), and at its sole cost and expense shall pay for all repairs thereto, as and when needed to preserve them in good working order and condition except as otherwise provided in subparagraphs (b) and (c) of this ArticleSection 14.01 hereof. In addition, Tenant, at its sole cost and expense expense, shall pay for all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and throughout about the Term Demised Premises and the Building as shall be required by reason of (a) the performance or existence of work by Tenant necessary to suit the Demised Premises to Tenant's initial occupancy or in connection with Tenant's Changes, (b) the installation, use or operation of Tenant's Property in the Demised Premises, (c) the moving of Tenant's Property in or out of the Building, or (d) the misuse or neglect of Tenant or any of its employees, agents, or contractors. As soon as any such repair is required, Tenant shall notify Landlord, who shall, in turn, at its option, either make such repair (at the Work Charge), or notify Tenant to make such repairs. 14.03 Except as expressly otherwise provided in this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant Landlord shall have the option no liability to Tenant by reason of replacing lightsany inconvenience, ballastsannoyance, tubesinterruption or injury to business arising from Landlord or any tenant making repairs or changes or performing maintenance services, ceiling tiles, outlets and similar equipment itself whether or it shall have the ability not Landlord is required or permitted by this Lease or by law to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs or changes or to perform such services in or to any portion of the Building or Demised Premises, or in or to the Premises within a reasonable time fixture, equipment, or appurtenances of notice the Building or the Demised Premises, provided that Landlord shall be reasonably diligent with respect thereto and shall perform such work, except in case of emergency, at times reasonably convenient to Landlord. Tenant and otherwise in such manner and to the extent practical as will not unreasonably interfere with Tenant's use and occupancy of the Demised Premises. 14.04 When used in this Article 14, Lease the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, "repair" shall be included deemed to include restoration and replacement as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to may be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (achieve and/or maintain good working order and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rentcondition.

Appears in 1 contract

Sources: Standard Form Lease (Icon Holdings Corp)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary to keep and maintain such good order and condition. Tenant Landlord shall have the option of replacing replace lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself as required for repairs or it replacement and the charge or cost associated with same shall have the ability to advise Landlord be included as part of Tenant’s desire to have Landlord make such repairsRecognized Expenses as set forth in Section 6. If requested by Tenant, Landlord shall make such repairs or replacements to the Premises within a reasonable time of notice to Landlord. Tenant shall not use or permit the use of any portion of the Premises for outdoor storage. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations foundations, exterior walls, roof and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the PremisesPremises with the exception of any systems installed as a Tenant Improvement or an Alteration such as supplemental HVAC equipment (“Tenant’s Specialized Systems”). Tenant shall maintain Tenant’s Specialized Systems at Tenant’s sole cost and expense. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and to the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Landlord or Tenant or any employee, agent, contractor, or invitee of Landlord or Tenant shall be made at the sole cost and expense of Tenantthe other party, except to the extent of insurance proceeds received by Landlordthe other. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Full Service Lease (Medquist Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) Tenant shall, throughout the Term and (c) of this Article, at Tenant, at its 's sole cost and expense and throughout the Term of this Leaseexpense, shall keep and maintain the Premises in a neat and orderly condition; and, upon expiration of the Term, Tenant shall leave the Premises in good order and condition, free of accumulation of dirt ordinary wear and rubbish. Tenant shall have the option of replacing lightstear, ballasts, tubes, ceiling tiles, outlets damage by fire or other casualty and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment improvements which are at least equal in quality the responsibility of the Landlord alone excepted, and usefulness to those originally used in constructing the Building for that purpose and the Premises. (b) Landlordexcept as stated, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall Tenant will make all necessary repairs and replacements to the footings and foundations and Premises not otherwise the structural steel columns and girders forming a part responsibility of the Premises. (c) Landlord hereunder. Tenant shall maintain all HVAC systemsnot permit any waste, plumbing and electric systems serving the Building and damage or injury to the Premises. Tenant’s Allocated Share Tenant shall not use or permit the use of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a any portion of Recognized Expenses the Common Facilities for other than their intended use as provided in Article 6 hereofspecified by the Landlord from time to time. (db) LandlordLandlord shall, throughout the Term of this LeaseTerm, shall make all necessary repairs and replacements to the Building outside of mechanical, electrical, HVAC, plumbing and other systems serving the Premises and the common areasPremises, including the roof, walls, the exterior portions elements and structural elements of the Premises and Premises, the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and all other exterior improvements for located on the BuildingProperty in a reasonably prompt fashion; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs Common Facilities and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, dirt and rubbish and snow and ice, and shall keep and maintain all landscaped areas within the Property in a neat and orderly condition. Tenant Landlord's obligations under this Section 8(b) shall pay its Allocated Share be undertaken and prosecuted in a manner consistent with other class A suburban office buildings in the greater Philadelphia metropolitan area. c) Notwithstanding the foregoing, except as expressly provided in Section 7(b), repairs and replacements to the Premises and the Property arising out of or caused by Tenant's use, manner of use or occupancy of the cost Premises (other than normal wear and tear), by Tenant's installation of all work to be performed alterations, additions, improvements, trade fixtures or equipment in or upon the Premises or by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful any act or omission of Tenant or any employee, agent, contractor, contractor or invitee of Tenant shall be made at the Tenant's sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share Landlord the actual cost of the cost thereof any such repair or replacement, as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equityRent, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rentdemand.

Appears in 1 contract

Sources: Office Space Lease (Cdnow N2k Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided Landlord shall maintain, or cause to be ----------------------- maintained in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and first class working condition, free the common areas of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areasland upon which it is situated, including without limitation the lobbies, elevators, stairs, and corridors, the roof, wallsfoundations, structural elements, building systems (including, without limitation, the primary building HVAC but excluding any supplemental HVAC system serving the Premises), parking areas and exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant walls of the Building, and to any driveways, sidewalks, curbs, loading, parking the underground utility and landscaped areas, and other sewer pipes outside the exterior improvements for walls of the Building; provided, howeverif any, that Landlord shall have no responsibility except any of such repairs rendered necessary by the negligence or misconduct of Tenant, its agents, customers, employees, independent contractors, guests or invitees (to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed extent not released by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to Section 18.2), the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free repair of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services which shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary paid for by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than within thirty (30) days after receipt of Landlord's written notice from demand with backup invoices. Landlord shall not alter the existing windows of the Premises (whether by addition of film or otherwise). Subject to Landlord's right of access pursuant to Article 17, Tenant specifying such failureshall be exclusively responsible for the interior of the Premises (other than structural elements of the Building and portions of the Building systems within the Premises), or if such failure is of a nature to require more than thirty (30) days for remedy which shall be maintained by Tenant in good order and continues beyond the time reasonably necessary to cure (repair, and Landlord has not undertaken procedures shall be under no obligation to cure inspect the default within Premises or, except as otherwise expressly provided in this Lease, repair the Premises. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair, and failure to so report such thirty (30) day period and diligently pursued defects shall make Tenant responsible to Landlord for any liability incurred by Landlord by reason of such efforts conditions. Tenant hereby waives the right to complete such cure)make repairs at Landlord's expense under any law, Tenant may, statute or ordinance now or hereafter in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Renteffect.

Appears in 1 contract

Sources: Deed of Lease (Vialog Corp)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Leaseexpense, shall keep and maintain the Premises in good substantially the same order and conditioncondition as delivered to Tenant on the Commencement Date, free of accumulation rubbish, and shall promptly make all non-structural repairs necessary to keep and maintain such order and condition as delivered to Tenant on the Commencement Date. Tenant shall also, at Tenant’s sole cost and expense, make all repairs to the Premises, Building, of dirt Project and rubbishits appurtenant common area made necessary by a negligent or willful act of Tenant or any employee, agent, contractor, or invitee of Tenant, except to the extent of insurance proceeds actually received by Landlord. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s 's desire to have Landlord make such repairs, and shall charge Tenant for such services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). If requested by Tenant, Landlord shall make such repairs repairs, at Tenant’s expense, to the Premises within a reasonable time of notice to Landlord. When used in this Article 14Section, the term "repairs" shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. Subject to Tenant’s payment of all Recognized Expenses as set forth herein, Landlord shall provide the janitorial services for the Premises set forth on Exhibit “C”. (b) LandlordLandlord shall make, throughout the Term of this Lease and at Landlord’s its sole cost and expensesexpense, shall make all repairs necessary repairs to maintain in good order and condition, as applicable, the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all base building HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for Premises (but not Tenant specific HVAC, electric plumbing, or electrical systems (e.g. supplemental HVAC, Premises specific water heaters, specialty lighting, and plumbing serviceetc. installed by or for Tenant, maintenance which shall be maintained by Tenant at its cost), and repairswindows, elevators, floors, security system and all other items that constitute a part of the Building and are installed or furnished by Landlord, as limited under Article 6 with respect well as all repairs necessary to capital expendituresmaintain the structural soundness and function of the Building (including the roof and exterior walls), shall parking lot(s), grounds, site lighting and common areas, such costs to be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs operating expenses to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Buildingextent permitted under Section 4 hereof; provided, however, that Landlord shall have no responsibility to make not be obligated for any of such repairs unless and until Landlord receives written notice the expiration of the need for such repair or a reasonable period of time after Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of repair or has received written notice from Tenant specifying that such failurerepair is needed, or if such failure whichever is of a nature earlier. Subject to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant maySection 12 below, in addition no event shall Landlord be obligated to repair any other remedy available damage caused solely by the negligence or willful misconduct of Tenant or its employees, agents, invitees, licensees, subtenants or contractors; and Tenant shall be solely liable for such repair at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice Tenant’s sole cost and deduct such expense from the Fixed Rentexpense.

Appears in 1 contract

Sources: Lease (Marinus Pharmaceuticals Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at At the sole cost and expense of TenantTenant and throughout the terms hereof, except to Tenant shall keep and maintain the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Leased Premises Monday through Friday of each week in good order, condition and repair, in a clean, sanitary and safe condition in accordance with the guidelines set forth laws of the State in Exhibit “D” attached hereto which the Leased Premises are located, and in accordance with all directions,, rules and regulations of the health officer, fire marshall, building inspector, or any other proper officer of the ▇▇▇▇▇▇mental agencies having jurisdiction over the Leased Premises. Without limiting the foregoing, Tenant shall pay its Allocated Share be responsible for maintenance, repair and replacement as needed of all electrical, plumbing, ventilating and utility systems located on the Leased Premises (including the HVAC Facilities), all windows, window fittings and sashes, and interior and exterior doors, all fixtures within the Leased Premises, all interior walls, floors and ceilings, water heaters, termite and pest extermination, all of Tenant's improvements and trade fixtures. Tenant shall keep and maintain the Leased Premises in accordance with all requirements of law concerning the manner, usage and condition of the cost thereof Leased Premises and appurtenances thereto, as Additional Rent as provided the same shall be in Article 6 hereof. (h) effect from time to time. Tenant shall permit no waste, damage or injury to the Leased Premises. If Landlord at any time and from time to time during the term hereof Tenant shall fail to perform make any maintenance, repairs or replacements in and to the Leased Premises as required in this Lease, Landlord shall have the right, but not the obligation, to 'enter the Leased Premises and to make the same for and on behalf of its obligations under this Lease Tenant, and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature all sums so expended by Landlord shall be deemed to require more than thirty (30) days for remedy be additional rent hereunder and continues beyond the time reasonably necessary payable to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rentdemand.

Appears in 1 contract

Sources: Employment Agreement (Piedmont Bancorp Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Section 8.1 The Tenant, at its sole cost and expense and throughout the Term of this Leaseexpense, shall keep take good care of and maintain the Premises and the Personal Property, including following the maintenance schedules and procedures identified on Schedule 8.1 hereto and Schedule 6.3(a) to the Contribution Agreement and such other maintenance schedules and procedures as shall be mutually agreed upon by the parties hereto, and shall keep the Premises and the Personal Property in good order, condition and repair throughout the Term and shall, in a good and workerlike manner, make all repairs therein and thereon, interior and exterior, structural and non-structural, necessary to keep the same in good order and condition, free whether or not necessitated by obsolescence or wear and tear. Section 8.2 The Tenant shall also be responsible for making all structural repairs and replacements relating to the roof, the foundations or the exterior walls of accumulation any of dirt the buildings comprising the Demised Premises; provided, however that Landlord shall be responsible for making all structural repairs and rubbishreplacements relating to the roof, the foundations or the exterior walls of any of the buildings comprising the Original Demised Premises and Designated Original Licensed Premises other than (a) those structural repairs made in connection with routine and ordinary maintenance of the Original Demised Premises and Designated Original Licensed Premises, and (b) those repairs made in connection with damage or injury caused by or resulting from Tenant’s Alterations, or from carelessness, omission, neglect or improper conduct of Tenant, Tenant’s agents, employees, invitees or licensees. Notwithstanding the foregoing, Landlord shall not have any obligation under the preceding sentence unless and until such time as the reasonably incurred costs and expenses incurred by Tenant for such repairs as would otherwise be Landlord’s responsibility under the preceding sentence exceed Seven Hundred Fifty Thousand Dollars ($750,000) (the “Basket”) and Tenant has presented invoices and other documentation reasonably requested by Landlord in connection with the same. Landlord shall not have any obligation to reimburse Tenant for any costs and expenses included within the Basket. Tenant shall have the option give Landlord prompt notice of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building any defective condition and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, party responsible for such repair hereunder shall make all necessary such repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premisesas soon as practicable. (c) Landlord shall maintain all HVAC systemsSection 8.3 The Tenant shall, plumbing and electric systems serving at the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVACand expense, electric cause to be kept clean and plumbing servicefree from dirt, maintenance snow, ice, rubbish, obstructions and repairsencumbrances, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbspassageways, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalksgrounds, parking areas, walks, alleys and curbs within the Plant and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant Landlord shall pay its Allocated Share to Tenant, a pro rata share of the cost thereof taking into account the total area occupied and their respective requirements based on usage, as reasonably determined by the Landlord and the Tenant in accordance with Article 24 hereof and Exhibit “B” attached hereto. Section 8.4 The Tenant shall be responsible for repairing and maintaining the Personal Property in accordance with the Landlord’s specifications as provided to the Tenant from time to time. Section 8.5 Tenant agrees to perform the work necessary in a manner determined by Tenant, but in accordance with the terms of all Article 7, to address the conditions noted within the Premises in (i) the Engineering Report of Roof and Wall System for ▇▇▇▇▇▇▇▇/▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ #▇▇ dated March 12, 1999, prepared by ▇▇▇▇▇▇▇ and Associates, Inc. and (ii) the Engineering Report of Erie Facility Buildings for Accuride Corporation dated March 12, 1999, prepared by ▇▇▇▇▇▇▇ and Associates, Inc. Such work to shall be performed on a timely basis as reasonably determined by Landlord pursuant Tenant in accordance with the terms of this Lease and, except as otherwise set forth herein, Tenant shall bear all costs and expenses associated with such work. Reasonable costs and expenses incurred by Tenant to this Paragraph (e) as Additional Rent as provided make any structural repairs and replacements to address conditions noted in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited such reports relating to the parking areas roof, the foundations or the exterior walls of any of the buildings comprising the Original Demised Premises and Designated Original Licensed Premises other than (a) those structural repairs made in connection with routine and ordinary maintenance of the sidewalk entrances Original Demised Premises and Designated Original Licensed Premises, and (b) those repairs made in connection with damage or injury caused by or resulting from Tenant’s Alterations, or from carelessness, omission, neglect or improper conduct of Tenant, Tenant’s agents, employees, invitees or licensees, shall, subject to the Buildingterms set forth above, be included within the Basket. (f) Section 8.6 Notwithstanding anything any provision contained herein to the contrary, Landlord shall not have any obligations to make any repairs to any portion of the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for Plant not included within the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time except those repairs reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rentprevent unreasonable interference with Tenant’s operations.

Appears in 1 contract

Sources: Lease Agreement (Accuride Corp)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b), (c) and (cd) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the interior, non-structural portions of the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all interior, non-structural repairs necessary to keep and maintain such good order and condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs6, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “DE” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Full Service Lease (JGWPT Holdings Inc.)

Repairs and Maintenance. Landlord shall keep the Premises, Shared Space, and the Common Areas of the Building in operating condition and repair at least as good as the condition of the Building on the Commencement Date, the completion of Phase 1 or the completion of Phase 2, as the case may be, including but not limited to walks, landscaping, service areas, mechanical rooms, loading areas, and the roof and the exterior of the Building, reasonable use and wear and tear and damage by fire and other casualty excepted, Landlord shall promptly repair malfunctioning fixtures, plumbing, HVAC and electrical systems in the Premises, Shared Space and public and common areas. Landlord shall further maintain in condition and operating order at least as good as the condition of the Building on the Commencement Date and reasonably keep in repair consistent with plans for renovation of the Building (a) Except as specifically otherwise provided in subparagraphs the structural portions of the Building, including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), base Building stairs and stairwells, Landlord’s art work, Building mechanical, electrical and telecom closets (collectively, the “Building Structure”), (b) the base building mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems of the Building (collectively, the “Building Systems”), and (c) the common areas and signage. In the event that such repairs are required as a result, in whole or in part, of this Articlethe act or neglect of any duty by Tenant its agents, Tenantservants, employees, or invitees, then Tenant shall pay to Landlord the reasonable and actual cost of such maintenance and repairs. Landlord shall provide janitorial service for the Premises. Tenant shall, at its sole cost and own expense and throughout the Term of this Leaseat all times, shall keep and maintain the Premises neat, clean and in good order and a sanitary condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lightspermit no waste, ballasts, tubes, ceiling tiles, outlets and similar equipment itself damage or it shall have the ability injury to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 Tenant shall promptly provide Landlord with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair any repairs or Landlord has actual knowledge of maintenance to the need to make such repairPremises or the Building. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep be responsible for the maintenance and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, the Building, Building or Project systems, and its appurtenant common areas made necessary by a negligent or willful act or omission which shall include but not limited to interior lighting (including replacement of Tenant or any employeelight bulbs, agentballasts and starters as required); electrical, contractorplumbing, or invitee heating, ventilating and air-conditioning systems (including replacement of Tenant shall be made at filters as recommended in equipment service manual); floor coverings; window coverings; inside and outside walls (including windows and entrance and exit doors); all structural portions of the sole cost and expense of Tenant, except to Building (including the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto roof and the Tenant shall pay its Allocated Share watertight integrity of the cost thereof same); restrooms, common area hallways, porches, stairways; sidewalks; exterior lighting; parking lot (including snow removal, cleaning and restriping as Additional Rent as provided in Article 6 hereofrequired); wheel bumpers; drainage; landscaping and continuous satisfaction of all governmental requirements (example: fire, building energy codes, indoor air quality and requirements to provide architecturally barrier-free premises for persons with disabilities, etc. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Real Estate Purchase and Sale Agreement

Repairs and Maintenance. (a) Except with respect to Landlord Repairs (as specifically otherwise provided in subparagraphs (b) and (c) of this Articledefined below), Tenant, at its sole cost and expense and throughout the Term of this LeaseTenant’s expense, shall keep and maintain the Premises in good order and condition. As used in this Lease, free of accumulation of dirt “maintain” shall include without limitation promptly making all repairs and rubbishany reasonably necessary replacements necessary to keep and maintain such in good order and condition. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise advising Landlord of Tenant’s desire to have Landlord make such repairs, in which case Tenant shall pay to Landlord for such repairs at Landlord’s then-standard rate. If requested by To the extent that Tenant requests that Landlord make any other repairs that are Tenant’s obligation to make under this Lease, Landlord shall may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense. If Tenant has been in default under this Lease, Landlord may elect to require that Tenant prepay the Premises within a reasonable time amount of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessarysuch repair. All Tenant repairs made by Tenant shall comply with Laws and utilize materials and equipment which that are at least equal in quality quality, number, and usefulness to those originally used in constructing the Building and the Premises. . In addition, Tenant shall maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, Premises Water Heaters, and/or Alterations in a clean and safe manner and in proper operating condition throughout the Term. “Tenant’s Supplemental HVAC” means any supplemental HVAC system serving the Premises (b) regardless of who installed it). “Premises Water Heater” means any water heater serving the Premises (regardless of who installed it), including without limitation expansion tanks and any associated piping. Tenant shall maintain Tenant’s Supplemental HVAC under a service contract with a firm and upon such terms as may be reasonably satisfactory to Landlord, throughout the Term of this Lease including EXHIBIT 10.35 inspection and maintenance on at least a semiannual basis, and provide Landlord with a copy thereof. Within 5 days after Landlord’s sole cost request, Tenant shall provide Landlord with evidence that such contract is in place. Further, Tenant shall ensure that all Premises Water Heaters have a working automatic water shut-off device with audible alarm and expenses, shall make all necessary repairs a leak pan underneath with the drain line run to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premisessuitable floor drain. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary All repairs to the Building outside and/or the Project made necessary by reason of the installation, maintenance, and operation of Tenant’s Supplemental HVAC, Premises Water Heaters, and Alterations shall be Tenant’s expense. In the common areasevent of an emergency, including such as a burst waterline or act of God, Landlord shall have the roofright to make repairs for which Tenant is responsible hereunder (at Tenant’s cost) without giving Tenant prior notice, wallsbut in such case Landlord shall provide notice to Tenant as soon as practicable thereafter, exterior portions of and Landlord shall take commercially reasonable steps to minimize the Premises costs incurred. Further, Landlord shall have the right to make repairs for which Tenant is responsible hereunder (at Tenant’s cost) with prior notice to Tenant if Landlord believes in its sole and absolute discretion that the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of repairs are necessary to prevent harm or damage to the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility take commercially reasonable steps to make any repairs unless and until Landlord receives written notice of minimize the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereofcosts incurred. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease Agreement (Asure Software Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary by virtue of Tenant’s actions or neglect to keep and maintain such good order and condition. Tenant shall have the option of replacing not replace lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it and shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant▇▇▇▇▇▇, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord. When used in this Article 14, ’s standard rate (such rate to be competitive with the term “repairs” shall include replacements and renewals when necessarymarket rate for such services). All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term Except as provided in subparagraph (a) of this Lease and at Landlord’s sole cost and expensesarticle, Landlord shall make or cause to be made all necessary repairs to the footings Premises and foundations Building common area, all repairs which may be needed to the mechanical, HVAC, electrical and plumbing systems in and serving the structural steel columns and girders forming a part of the Premises. Premises (c) Landlord shall maintain all excluding repairs to any supplemental HVAC systems, plumbing and electric systems serving the kitchens, any non-Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior standard fixtures or other improvements or any other portions of the Premises and the Building, utility linesor fixtures, equipment and other utility facilities in the Building, which serve more than one tenant improvements therein requiring maintenance of a type or nature not customarily provided by Landlord to office tenants of the Building), and all repairs to any driveways, sidewalks, curbs, loading, parking exterior windows and landscaped areas, glass (including caulking and other exterior improvements for the Building; provided, however, that weatherstripping). Landlord shall have no responsibility to make any repairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (ec) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (fd) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee contractor of Tenant shall be made by Landlord at the sole cost and expense of Tenant, payable on demand, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Assignment of Lease (RAIT Financial Trust)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this ArticleDuring the Lease Term, Tenant, at its sole cost and expense and throughout the Term of this Leaseexpense, shall keep and maintain the Premises in good order and condition, free all of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself improvements now or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to hereafter located on the Premises within a reasonable time of notice to Landlord. When used and all additions thereto, in this Article 14good, the term “repairs” shall include replacements first class, attractive and renewals when necessary. All repairs made by Tenant shall utilize materials safe condition and equipment which are at least equal in quality repair and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs repairs, replacements and renewals, whether structural or non-structural, foreseen or unforeseen, ordinary or extraordinary, in order to maintain such state of repair and condition; it being the footings and foundations and the structural steel columns and girders forming a part intention of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, parties that Landlord shall have no responsibility to make liability for any repairs unless and until Landlord receives written notice of the need for such repair or foregoing, that Landlord has actual knowledge shall obtain possession of the need to make such repairimprovements at the end of the Lease Term, and that the improvements will be in good repair and condition at said time, reasonable wear and tear excepted and insured casualty loss excepted. During the Lease Term, Tenant shall pay its Allocated Share also be responsible, at Tenant’s sole cost and expense, for the maintenance, repair and replacement of the cost of Premises, including, without limitation, all repairsbuildings, as limited under Article 6 with respect to capital repairsHVAC, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep windows and maintain all common areas appurtenant to the Building and any sidewalksplate glass, wiring, plumbing, roadways, driveways, parking areas, curbs landscaping, sidewalks, fencing, lighting, retention areas, drainage and access ways adjoining utility facilities and other improvements located on, in, or under the Property Premises. Tenant, at Tenant’s expense, shall be responsible for all improvements, additions, alterations, maintenance, and repairs necessary or appropriate such that the Premises and all improvements thereon are in compliance with the ADA. In the event Tenant neglects said responsibilities as listed above, Landlord may, at its sole discretion, make the necessary repairs and maintenance to the Premises and charge the costs associated therewith to Tenant, which sums shall be payable as Additional Rent. Without limiting the generality of the foregoing, Tenant shall, at its expense, contract with a clean professional HVAC contractor reasonably acceptable to Landlord for the maintenance and orderly conditionrepair of all HVAC components, free including for purposes of accumulation of dirtensuring proper seasonal preventive maintenance on the heating, rubbish, snow ventilating and iceair conditioning systems, and shall keep and maintain all landscaped areas in provide a neat and orderly conditionreport to Landlord showing compliance with this requirement. Tenant shall pay its Allocated Share provide to Landlord a copy of the cost of all work such agreement (and replacement agreements from time to be performed by Landlord pursuant to this Paragraph (etime as entered) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas when entered, and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying of termination or default under such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rentagreement.

Appears in 1 contract

Sources: Build to Suit Lease and Option

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article8.4.1. Tenant, Tenantthroughout the Term, shall, at its sole expense, make all needed repairs to Tenant’s Improvements and Tenant’s Property, the Supplemental HVAC Unit (to the extent Tenant elects to use same). Tenant shall also be responsible for the cost and expense and of repairs made by Landlord to the Building (including but not limited to the Premises) to the extent that the need for the same arises out of (i) Tenant’s performance of Alterations, (ii) the operation, use or presence of any Tenant’s Improvements, or the installation, operation, use or presence of Tenant’s Property, (iii) the moving of any Tenant’s Improvements or Tenant’s Property, or (iv) any breach of Tenant’s obligations under this Lease, or any negligent or wrongful act or omission by Tenant or any Tenant Party. 8.4.2. Landlord, throughout the Term of this LeaseTerm, shall keep and maintain the Premises maintain, and make all needed repairs in good order and conditionto, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs Premises to the footings extent that the need for the same arises out of any negligence or willful misconduct of Landlord or any Landlord Party. In addition, as requested by Tenant and foundations and the structural steel columns and girders forming a part of the Premises. (c) as Landlord reasonably deems necessary, Landlord shall maintain maintain, repair and replace (i) all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roofdamaged or broken fixtures, walls, exterior portions ceilings, floors and floor coverings within the Premises (unless due to normal wear and/or tear or caused by Tenant), and (ii) all Building Systems located in or serving the Premises (excepting lighting fixtures, lighting, tubes, lamps, bulbs and ballasts), subject to the provisions of Section 4.5 regarding Landlord’s access to the Premises, and excepting any Alterations or Tenant’s Property or Tenant’s Improvements within the Premises, and excluding damage caused by Tenant (other than ordinary wear and tear and damage covered by insurance to the extent of such coverage). Landlord shall undertake reasonable efforts to perform all maintenance, repairs and replacements pursuant to this Section promptly after Landlord learns of the Premises need for such maintenance, repairs and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Buildingreplacements; provided, however, that in cases of “emergency” (i.e., circumstances which, if not addressed promptly, could result in material damage to persons and property, and/or damage or destruction to or of a structural component or Building System which materially impairs Tenant’s ability to utilize the Premises as intended for more than twenty-four (24) consecutive hours), Landlord shall have no responsibility to make perform any maintenance, repairs unless and until Landlord receives written notice replacements as soon as reasonably practicable after it learns of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Notwithstanding anything herein to the contrarymaintenance, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant replacements. Such repairs shall be made at the sole cost and expense of TenantLandlord’s expense, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereofSection 8.4.1 above. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease Agreement (Teltronics Inc)

Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (aif any); heating, ventilating, air conditioning systems; the Acid Neutralization Tank and associated monitoring system; elevators; and electrical systems installed or furnished by Landlord. Tenant may provide, at Tenant’s sole cost and expense, a dumpster or compactor at the eastern loading dock of the Building for Tenant’s disposal of non-hazardous/non-controlled substances. 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 and every part thereof and the Liquid Nitrogen Tank (as defined in the Work Letter) Except in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as specifically otherwise provided in subparagraphs (b) good a condition as when received, ordinary wear and (c) of this Articletear excepted; and shall, at Landlord’s request, 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. Tenant, at its sole cost and expense and throughout the Term of this Leaseexpense, shall keep supply its own janitorial and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord. When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and trash services for the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) 18.3. Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost not be liable for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility failure to make any repairs or to perform any maintenance that is an obligation of Landlord unless and until such failure shall persist for an unreasonable time after Tenant provides Landlord receives with written notice of the need of such repairs or maintenance. 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 made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such repair work as said person shall reasonably deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations (provided that such does not materially impact Tenant’s business or operations) without any claim for damages or liability against Landlord has actual knowledge and without reducing or otherwise affecting Tenant’s obligations under this Lease. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the need to make such repairBuilding and the Project. Tenant In the event of a casualty described in Article 24, Article 24 shall pay its Allocated Share apply in lieu of this Article. In the cost event of all repairseminent domain, as limited under Article 6 with respect to capital repairs, to be performed 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided Article shall constitute Operating Expenses, unless such costs are incurred due in Article 6 hereof. (e) whole or in part to any act, neglect, fault or omissions of Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalksor its employees, parking areasagents, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly conditioncontractors or invitees. Tenant shall pay its Allocated Share of the cost of all work to be performed Costs incurred by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited shall, to the parking areas and the sidewalk entrances extent incurred due to the Building. (f) Notwithstanding anything herein to the contraryany act, repairs to the Premisesneglect, Building fault or Project and its appurtenant common areas made necessary by a negligent or willful act or omission omissions of Tenant or any employeeits employees, agentagents, contractorcontractors or invitees, or invitee of Tenant shall be made at the sole cost not constitute Operating Expenses, and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereofsuch costs to Landlord. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease (BIND Therapeutics, Inc)

Repairs and Maintenance. (a) Except as specifically otherwise provided in subparagraphs (b) and (c) 15.01 Tenant shall take good care of this Article, the Demised Premises. Tenant, at its sole cost expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building including without limitation, the heating, ventilating, and air-conditioning system serving the Demised Premises, as shall be required by reason of (i) the performance of Tenant’s Work or Tenant’s Changes, (ii) the installation, use or operation of Tenant’s Property in the Demised Premises, (iii) the moving of Tenant’s Property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, invitees, tenants, agents or contractors. In addition, Tenant at its expense shall make all repairs to the plumbing, electrical, heating and throughout air conditioning systems and facilities within and exclusively serving the Term Demised Premises, all non-structural repairs to the Demised Premises and all repairs to the storefront, windows and plate glass. Tenant, at its expense, shall replace all scratched, damaged or broken doors or other glass in or about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. All repairs, except for emergency repairs, made by Tenant as provided herein shall be performed by contractors or subcontractors approved in writing by Landlord prior to commencement of such repairs, which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything contained in this Leaselease to the contrary, Tenant shall not be required to make any repairs or replacements if necessitated by the willful acts or negligence of Landlord or its agents, employees or contractors. 15.02 Landlord, at its expense, shall keep and maintain the Premises structural potions of the Unit and its systems and facilities (except as otherwise expressly set forth in good order and condition, free of accumulation of dirt and rubbish. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs this lease) to the Premises within a reasonable time point of notice entry into the Demised Premises, in working order, condition and repair except for those repairs for which Tenant is responsible pursuant to Landlord. When used any other provisions of this lease and except for those repairs which are the responsibility of the Condominium. 15.03 Except as expressly otherwise provided in this Article 14lease, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s sole cost and expenses, shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the Premises. (c) Landlord shall maintain all HVAC systems, plumbing and electric systems serving the Building and the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and repairs, as limited under Article 6 with respect to capital expenditures, shall be included as a portion of Recognized Expenses as provided in Article 6 hereof. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs to the Building outside of the Premises and the common areas, including the roof, walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building; provided, however, that Landlord shall have no responsibility liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from either (a) Landlord’s making any repairs or changes which Landlord is required or permitted by this lease, or required by law, to make in or to any portion of the Unit, the Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of the Unit, Building or the Demised Premises, or (b) the Condominium making or failing to make any repairs unless and until Landlord receives written notice or changes to any portion of the need for such repair Building or the Demised Premises; provided that Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Allocated Share of the cost of all repairs, as limited under Article 6 use due diligence with respect to capital repairs, to be performed the performance by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, thereto and shall keep perform such work and maintain all landscaped areas request that the Condominium perform such work, except in a neat case of emergency, at times reasonably convenient to Tenant and orderly condition. Tenant shall pay its Allocated Share otherwise in such manner as will not materially interfere with Tenant’s use of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the BuildingDemised Premises. (f) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) If Landlord shall fail to perform any of its obligations under this Lease and such failure continues for a period of more than thirty (30) days after receipt of written notice from Tenant specifying such failure, or if such failure is of a nature to require more than thirty (30) days for remedy and continues beyond the time reasonably necessary to cure (and Landlord has not undertaken procedures to cure the default within such thirty (30) day period and diligently pursued such efforts to complete such cure), Tenant may, in addition to any other remedy available at law or in equity, upon at least five (5) business days prior written notice, incur any reasonably necessary expense to perform the obligation of Landlord specified in such notice and deduct such expense from the Fixed Rent.

Appears in 1 contract

Sources: Lease (American Realty Capital New York Recovery Reit Inc)