Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 6 contracts
Samples: 500square.com, 500square.com, 500square.com
Repairs and Maintenance. It is the responsibility The Tenant shall (a) take good care of the Tenant(sApartment and all equipment and fixtures in it; (b) promptly make all necessary repairs and replacements whenever the need results from the Tenant's act of neglect or the neglect of Tenant’s family members, guests, visitors or contractors (if consented to by Landlord); (c) keep the Apartment and any other part of the building used by the Tenant as clean and safe as possible; and (d) promptly notify the Landlord immediately when there are conditions which need repair. Landlord shall have a reasonable amount of time to make repairs. Tenant shall be responsible for reimbursing the Landlord for the cost of any needed repair or unsafe condition existing around or in the Premises including but repairs that are not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs "normal wear and tear itemstear" repairs, any such costs shall be considered additional rent; (e) shall not attach to, hang from or place anything on the adage “you broke it you pay railings of the patio or deck; and ( f ) Tenant agrees not to fix it” applies install any partition walls. No outside contractor is authorized to the Tenant(s) and it applies during tenancy as well as perform any services at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-Apartment or apartment complex unless approved in writing by a representative of the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair If Tenant contracts for any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises such services without the written consent of the Landlord. If written consent is given, such alterations Tenant shall be wholly responsible for the payment for any such service and shall hold the Landlord harmless against any claim made by a contractor who performs any such service at the expense request of the Tenant(s) and Tenant. Tenant shall become part of also be responsible for returning the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due apartment back to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, windits original condition, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) else shall be liable to the Landlord for all the costs of repair. Should incurred for the Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawdo so after Tenant vacates.
Appears in 6 contracts
Samples: Housing Lease Rider, Early Lease Termination Settlement Agreement, Housing Lease
Repairs and Maintenance. It Tenant agrees to utilize the portal to submit to Owner’s Agent any and all repair requests for the Property. In the event of damage by fire, water, acts of God, tenant shall notify Owner’s Agent immediately. Owner’s Agent agrees to make any necessary repairs to the property within a reasonable time provided there is the responsibility written and dated receipt of the Tenant(s) to notify the Landlord immediately of such notification. The Tenant will be responsible for any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal property beyond ordinary wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the cost of service call. Any repairs, including labor, material, and parts used, which are calls if the responsibility of the Tenant(s), must be pre-approved in writing vendor is not able to confirm an issue reported by the Landlordtenant. Landlord The tenant agrees to reimburse Owner’s Agent for expenses related to these matters within a thirty (30)-day period. Owner’s Agent shall not be the sole judge as responsible or liable for any damage or injuries to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s his family, inviteeor guests. Tenant agrees to maintain the premises in a safe and clean manner. If at any time, licenseeit is determined that dust has accumulated on the A/C coil or A/C condensation drain lines are clogged due to TENANT'S failure to timely change an A/C filter or maintain the condensate line, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails TENANT agrees to notify the Landlord of the condition or allow the Landlord access pay for professional coil cleaning and/or condensation line cleaning charge. TENANT shall be liable for any damages to the Premises for purposes A/C or heating system as a result of TENANT failure to timely change the repairfilters or add vinegar. Before exercising TENANT agrees that the information binder is made part of and is an addendum to this Lease. If any of plumbing issues result from TENANT and/or guests flushing anything into the remedies in accordance with the Landlord-Tenant Acttoilet other than human waste and toilet paper, Tenant(s) must be current in rent. Tenant(s) TENANT shall be responsible for all broken glassany costs or charges incurred. Tenant(sExamples of items that should not be flushed down the toilet(s) shall or sent down other plumbing drains, include, but are not paintlimited to, re-wallpaperwipes, “flushable” wipes, sanitary napkins, feminine products, diapers, refuse, dental floss, grease, coffee grounds, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawpaper towels.
Appears in 3 contracts
Samples: Residential Lease, Residential Lease, Residential Lease
Repairs and Maintenance. It is Landlord shall maintain, or cause to be ----------------------- maintained in first class working condition, the responsibility common areas of the Tenant(s) to notify Building and the Landlord immediately land upon which it is situated, including without limitation the lobbies, elevators, stairs, and corridors, the roof, foundations, structural elements, building systems, parking areas and exterior walls of the Building, and the underground utility and sewer pipes outside the exterior walls of the Building, if any, except any needed repair of such repairs rendered necessary by the negligence or unsafe condition existing around misconduct of Tenant, its agents, customers, employees, independent contractors, guests or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage invitees (to the unitextent not released by Landlord pursuant to Section 18.2), then Tenant(s) becomes liable for cost the repair of resultant damage. All repairs necessary to maintain premises which shall be done paid for by or under Tenant within thirty (30) days of Landlord's written demand with backup invoices. Landlord shall not alter the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition existing windows of the Premises at (whether by addition of film or otherwise). Subject to Landlord's right of access pursuant to Article 17, Tenant shall be exclusively responsible for the time interior of the Tenant(s) took possession. Although Premises (other than structural elements of the Landlord repairs normal wear Building and tear items, portions of the adage “you broke it you pay to fix it” applies to Building systems within the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false callPremises), Tenant(s) will which shall be charged for the service call. Any repairs, including labor, materialmaintained by Tenant in good order and repair, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have under no obligation to inspect the Premises or, except as otherwise expressly provided in this Lease, repair the Premises. Tenant shall promptly report in writing to Landlord any defective conditioncondition known to it which Landlord is required to repair, nor and failure to so report such defects shall make Tenant responsible to Landlord for any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous liability incurred by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission such conditions. Tenant hereby waives the right to make repairs at Landlord's expense under any law, statute or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets ordinance now or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawhereafter in effect.
Appears in 2 contracts
Samples: Expansion Agreement (Call Points Inc), Lease Agreement (Vialog Corp)
Repairs and Maintenance. It is the responsibility By taking possession of the Tenant(s) Premises, Tenant shall be deemed to notify have accepted the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost, keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationgood condition, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal ordinary wear and tear items, and damage from causes beyond the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility reasonable control of the Tenant(s)Tenant excepted. Unless specifically provided in an addendum to this Lease, must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the exterior walls and roof of the building, the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or mission of any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused duty by the Tenant, Xxxxxx’s familyits agents, inviteeemployees or invitees, licensee, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the maintenance. Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, be liable for any failure to repair or otherwise redecorate to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or make alterations maintenance to supplemental cooling equipment required for Tenant's special needs are the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason responsibility of Tenant’s permission or consent. Except as specifically herein set forth, there shall be no reduction abatement of rent and Tenant(s) shall be liable for all costs no liability of repair. Should Landlord notify Tenant(s) by reason of intent any injury to cleanor interference with Tenant's business arising from the making of any repairs, replace carpets alterations or paint the Premises, moving furniture and wall hangings shall be the duty and expense improvements to any portion of the Tenant(s)building or the Premises or to fixtures, appurtenances and equipment therein. Tenant(s) understands there will be no rent reductionsTenant waives the right to make repairs at Landlord's expense under any law, adjustments, statute or other compensation due to repairs ordinance now or interruptions of service except as provided by lawhereafter in effect.
Appears in 2 contracts
Samples: Lease Agreement (Verisity LTD), Lease Agreement (Intellicorp Inc)
Repairs and Maintenance. It is 18.1. Landlord shall (a) repair and maintain in good condition the responsibility foundations and structural portions of the Tenant(sBuilding and (b) repair and/or replace as needed the roofing and covering materials; exterior walls; parking areas, curbs, driveways, plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord, but with respect to notify the Landlord immediately of any needed Subsection 18.1(b), Landlord’s repair or unsafe condition existing around or in the Premises including but not and replacement obligation shall be expressly limited to cracks the extent the costs for such repair and/or replacement in Subsection 18.1(b) constitute a capital expenditure. In connection with the foundationforegoing, cracks in plaster, moisture in walls it is expressly understood that except for the foundations and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction structural portions of the Landlord, at the Building which are Landlord’s expense, except those caused by negligence or acts of Tenant(sresponsibility pursuant to Subsection 18.1(a) and any capital repairs and/or replacements which are Landlord’s responsibility pursuant to Section 18.1(b), Tenant shall otherwise be responsible (at Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition and expense) for all maintenance and upkeep (routine and non-routine) of the Premises at and every part thereof and all repairs and/or replacements, and Tenant shall make all such repairs and replacements that are required. All costs and expenses incurred by Landlord associated with the time repair, maintenance and/or replacement of the Tenant(s) took possession. Although the Landlord repairs normal wear and tear itemsforegoing shall be included as Operating Expenses (including any capital expenditure, the adage “you broke it you pay to fix it” applies subject to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved limitations set forth in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessaryArticle 8). Landlord shall have no obligation for any maintenance, repair or replacement set forth in this Section until Landlord receives notice from Tenant regarding the need for such repair or replacement. If (m) Tenant provides prior written notice to Landlord of an event or circumstance which requires the action of Landlord with respect to Landlord’s obligation to undertake and complete any maintenance, repair any defective condition, nor shall any defense or remedy be available to the Tenant(sreplacement as set forth in this Section (a “Required Action”), where the defective condition complained of was caused by the Tenant(n) Landlord is, Xxxxxx’s familyin fact, inviteerequired to perform such maintenance, licensee, or other person acting repairs and/or replacement under the control terms of this Lease, and (o) Landlord does not complete the Required Action within thirty (30) days after Landlord’s receipt of such notice (or, if such repair, replacement or direction maintenance cannot reasonably be completed with such period, within SMRH:418641422.8 26 0100-922173 the period of time reasonably required (so long as Landlord begins the Tenant(sRequired Action within such period and diligently prosecutes the same to completion) (the “Required Action Period”)), or where then Tenant may deliver an additional notice to Landlord and any lender of Landlord for which Tenant has been given an address for notices specifying that the Required Action Period has expired, the specific action required and that Tenant unreasonably fails intends to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlordtake such Required Action. If written consent is given(y) Landlord’s failure to perform any such Required Action directly, such alterations shall be at the expense of the Tenant(s) materially and shall become part adversely affects Tenant’s use of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s(z) shall such Required Action is not permit any act commenced or thing deemed hazardous completed (as applicable) by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas within thirty (30) days after such second notice, then Tenant shall be damaged entitled to perform such Required Action and to reimbursement by fireLandlord of Tenant’s actual reasonable and necessary, rain, wind, or other cause beyond out-of-pocket costs and expenses in taking such Required Action (but only with respect to such action as specified in the control second notice given to Landlord). Landlord shall reimburse such amounts within thirty (30) days of Landlord’s receipt from Tenant of a detailed invoice setting forth a particularized breakdown of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense costs and expenses incurred in connection with such action taken by Tenant accompanied by proof of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time payment of such destruction costs reasonably satisfactory to Landlord and unconditional lien releases for all such costs from thenceforth this Lease Agreement shall cease each contractor, subcontractor and come material supplier that are entitled to an endplace a lien on the Property under Applicable Laws, in a form acceptable to Landlord and complying with Applicable Laws, from each contractor and subcontractor with respect to such costs. In the eventevent Tenant takes such action, and such work affects the damage is caused by Building systems or the act structural integrity of the Tenant(s)Building, Tenant shall use only those contractors used by Landlord in the Building for work on such systems unless such contractors are unwilling or unable to perform, or someone timely perform, such work, in or on which event Tenant may utilize the Premises services of any other qualified contractor which normally and regularly performs similar work in comparable Buildings. In the event that (x) Landlord fails to reimburse Tenant for any costs (i) incurred by reason of Tenant in connection with Tenant’s permission or consentexercise of its self-help remedy pursuant to this Section and (ii) obligated to be reimbursed by Landlord pursuant to this Section, there (y) in connection with such failure by Landlord, Tenant institutes legal proceedings and is awarded monetary damages following adjudication of the matter and issuance of a final, non-appealable judgment in Tenant’s favor, and (z) Landlord thereafter fails to reimburse Tenant for such amounts (as awarded by such final, non-appealable judgment) within sixty (60) days following the issuance of such final, non-appealable judgment, then in such a case, Tenant shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should entitled to deduct such amounts from the Rent payable by Tenant to Landlord notify Tenant(s) of intent to clean, replace carpets or paint under the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawLease.
Appears in 1 contract
Samples: Lease (Affymetrix Inc)
Repairs and Maintenance. It is the responsibility 6.01 Tenant shall, at its sole cost and expense, keep, maintain and take good care of the Tenant(s) to notify the Landlord immediately demised premises and make necessary repairs thereto, including repairs of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationa capital nature, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs as shall be necessary to maintain the demised premises shall be done by in the same condition as at or under on the direction of the LandlordCommencement Date, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal ordinary wear and tear itemsexcepted. Except as provided in Paragraph 2.02(e) hereof, Tenant shall not be obligated to make any capital, structural or HVAC replacements except at Tenant's option unless due to Tenant's negligent or wrongful use thereof or any intentional wrongful act of Tenant. To the adage “you broke it you extent that any capital, structural or HVAC, plumbing or electrical replacements are required, and Tenant has elected not to make them, Tenant shall notify Landlord thereof and Landlord, shall proceed to make such replacements or to cause such replacements to be made and Landlord shall pay the cost thereof, subject, however, to Tenant's obligation to pay to fix it” applies to Landlord as Additional Rent a pro rata share of the Tenant(scosts of replacement as provided in Paragraph 2.02(e) and it applies during tenancy as well as at hereof. At the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, Term or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) Lease, Tenant shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase deliver the rate of insurance on said Premises. In case demised premises with all improvements thereon in substantially the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive same condition as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or when received on the Premises by reason of Tenant’s permission or consentCommencement Date, there shall be no reduction of rent in good condition, ordinary wear and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent tear excepted, subject to clean, replace carpets or paint the Premises, moving furniture provisions herein contained with respect to condemnation and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawcasualty.
Appears in 1 contract
Repairs and Maintenance. It is the responsibility of the Tenant(s(a) Except with respect to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationRepairs (as defined below), cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the LandlordTenant, at the LandlordTenant’s expense, except those caused by negligence shall keep and maintain the Premises in good order and condition. As used in this Lease, “maintain” shall include without limitation promptly making all repairs and any 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 acts advising Landlord of Tenant(s), Tenant’s agentsdesire to have Landlord make such repairs, or inviteesin which case Tenant shall pay to Landlord for such repairs at Landlord’s then-standard rate. To the extent that Tenant requests that Landlord make any other repairs that are Tenant’s obligation to make under this Lease, which Landlord 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 amount of such repair. All Tenant repairs shall be made comply with Laws and utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used in constructing the sole cost of Building and the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancyPremises. In addition, if Tenant shall maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, Premises Water Heaters, and/or Alterations in a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, clean and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; safe manner and in case proper operating condition throughout the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repairTerm. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.“
Appears in 1 contract
Samples: Asure Software Inc
Repairs and Maintenance. It is the responsibility Landlord will, at its own cost and expense, except as may be provided elsewhere herein, make necessary repairs of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unitBuilding corridors, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction lobby, structural members of the LandlordBuilding, at and equipment used to provide the Landlord’s expenseBuilding Standard services referred to in Item 8, except those unless any such damage is caused by negligence acts or acts omissions of Tenant(s)Tenant, Tenant’s agentsits agents customers, employees, principals, contractors, consultants, assigns, subtenants or invitees, in which repairs shall be made at event Tenant will bear the sole cost of the Tenant(s)such repairs. Such Tenant will allow no maintenance or repairs shall to be made done in, on, to conform to the original condition of or about the Premises at the time the Tenant(sother than by a licensed contractor (such term to include all degrees and levels of subcontractors) took possession. Although the approved by Landlord repairs normal wear and tear items, the adage “you broke it you pay in writing prior to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no any such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlordor repairs being undertaken. Landlord shall be entitled to require such contractor to be bonded and insured in such amounts and with such companies as Landlord may in its discretion prescribe. Tenant will not injure the sole judge Premises or the Building but will maintain the Premises in a clean, attractive, condition and in good repair, except as to what repairs are necessarydamage to be repaired by Landlord as provided above. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon Upon termination of this Lease, Tenant will surrender and deliver the Premises to Landlord in the same condition in which they existed at the commencement of this Lease including any agreed upon improvements per the Work Order, excepting only ordinary wear and tenancytear and damage arising from any cause not required to be repaired by Tenant, or Landlord approved alterations and improvements. Tenant(s) This Item 12 shall not permit any act apply in the case of damage or thing deemed hazardous destruction by fire or other casualty which is covered by insurance maintained by Landlord due to potential risk of fire or which will increase on the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive Building (as to render the Premises unfit for human habitation, the rent which Item 16 hereof shall cease until such time apply) or damage resulting from an Eminent Domain taking (as the Premises will be put in repair. In case of total destruction, the rent to which Item 18 hereof shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(sapply), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Samples: Lease Agreement (Metastorm Inc)
Repairs and Maintenance. It is 15.01 Subject to the responsibility provisions of Sections 15.02 and Articles 22 and 23 of this lease, Tenant shall take good care of the Tenant(sDemised 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, as shall be required by reason of (i) to notify 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 immediately for Tenant's account or are otherwise required by reason of any needed neglect or other fault of Landlord or its employees, agents or contractors. Except if required by the neglect or other fault of Landlord or its employees, agents or contractors, Tenant, at its expense, shall repair or unsafe condition existing around replace all scratched, damaged or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, broken doors or other person acting under interior glass in or about the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Demised Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) and shall be responsible for all broken glassrepairs, maintenance and replacement of wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. Tenant(s) 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 paint, re-wallpaper, be unreasonably withheld or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an enddelayed. In the eventevent that Landlord fails to respond to Tenant within ten (10) business days with respect to a request for approval of a contractor or subcontractor, Tenant shall send to Landlord a notice (hereinafter referred to as the damage is caused by "Additional Notice") which shall state that unless Landlord responds to the act request for approval of such contractor or subcontractor within ten (10) days after receipt of the Tenant(s)Additional Notice, Landlord's approval of such contractor or someone in or on the Premises by reason of Tenant’s permission or consent, there subcontractor shall be no reduction deemed granted and, in the event Landlord fails to respond to such Additional Notice within ten (10) days of rent and Tenant(s) shall be liable for all costs of repair. Should receipt thereof, Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, deemed to have approved such contractor or other compensation due to repairs or interruptions of service except as provided by lawsubcontractor.
Appears in 1 contract
Samples: Atalanta Sosnoff Capital Corp /De/
Repairs and Maintenance. It is Notwithstanding any other terms or conditions of this Agreement, Resident expressly agrees that Resident (and the responsibility applicable Guarantor) shall be liable to Owner or its assignee (including, without limitation, Owner’s hazard insurer) for any fire, water, or other damage to the real or personal property of Owner negligently or intentionally caused by Resident, or any guests thereof (collectively, "Authorized Occupants"). If the Premises shall be rendered un-tenantable by the negligent or intentional acts of any Authorized Occupant, Resident shall continue to be liable for Rent in the amount provided in this Agreement. Owner shall make required repairs and maintenance to heating and air conditioning equipment and to appliances furnished for Resident’s use without charge to Resident, unless such repairs or maintenance are necessary because of the Tenant(s) to notify the Landlord immediately negligent or intentional act or omission of any needed Authorized Occupant, in which case Resident shall bear the costs of such maintenance and repairs. Resident will maintain the Premises and all equipment, fixtures and property furnished by Owner for Resident’s use throughout the lease term in good condition and repair and will allow no waste of any utilities provided by Owner. Resident shall pay the expense of replacing cracked or unsafe condition existing around or broken window glass in the Premises including but and for broken or lost keys. Resident shall keep the window glass clean at all times and will not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises install additional window coverings without the prior written consent of Owner. Any, and all damages or costs of repair owed by Resident pursuant to this Agreement will include the Landlordactual costs to repair or replace damaged property and, (if applicable), Owner’s loss of rental income. If written consent Subject to the foregoing, if the Premises is givenpartially damaged by fire or other casualty but can be restored to tenantable condition, such alterations Owner shall repair the Premises with reasonable dispatch. Resident’s obligation to pay Rent shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until suspended only during such time as the Premises will are un-tenantable; provided, however, that if the Premises are entirely destroyed by fire or other casualty such that the Premises cannot be put in repairrestored to tenantable condition within a reasonable time, either party shall have the right to terminate this Agreement by written notice to the other party. In case Owner shall have no liability for any incidental or consequential loss or expense incurred by Resident during the period of total destructionany repair to the Premises hereunder, including (without limitation) the rent shall be paid until the time costs of such destruction and from thenceforth this Lease temporary substitute housing. This Agreement shall cease not be affected, and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction diminution or abatement of rent Rent and Tenant(s) no constructive eviction shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets claimed or paint the Premises, moving furniture and wall hangings shall be the duty and expense allowed because of the Tenant(s). Tenant(s) understands there will be no rent reductionsinterruption or curtailment of any service (including, adjustmentsbut not limited to heating, air conditioning, internet service, or other compensation due to cable service) or utilities or any inconvenience or discomfort arising from repairs or interruptions improvements made in the Premises or to any other part of service except as the building of which the Premises is a part (the “Building”), or to the common areas or facilities serving or ancillary to the Building, provided by lawthe Premises is habitable and Owner makes necessary repairs and improvements within a reasonable time.
Appears in 1 contract
Samples: Residential Lease Agreement
Repairs and Maintenance. It is (A) Subject to Sections 14 and 16, Tenant, at its sole cost and expense, shall keep and maintain the responsibility Premises in good order and condition, free of 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 any structural elements of the Tenant(s) Building, except to notify 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 immediately of any needed repair or unsafe condition existing around or in Tenant's desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises including but not limited within a reasonable time of notice to cracks Landlord. When used in this Article 11, the foundation, cracks in plaster, moisture in walls term "repairs" shall include replacements and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damagerenewals when necessary. All repairs necessary to maintain premises made by Tenant shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear utilize materials and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, equipment which are at least equal in quality and usefulness to those originally used in constructing the responsibility of Building and the Tenant(s), must be pre-approved in writing by the LandlordPremises. Landlord shall provide the janitorial services for the Premises set forth on Exhibit “C”, the costs of which shall be included in the sole judge as Janitorial Costs. Subject to what repairs are necessary. Landlord the waiver of subrogation set forth in Section 12, in no event shall have no obligation Tenant be obligated to repair any defective conditiondamage caused solely by any act, nor shall any defense omission or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control negligence of the Landlord or the Tenantits employees, then the Premises agents, or surrounding areas contractors; and Landlord shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be solely liable for all costs of repairsuch repair at Landlord's sole cost and expense. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.Exhibit 10.45
Appears in 1 contract
Repairs and Maintenance. It is Notwithstanding any other terms or conditions of this Agreement, Resident expressly agrees that Resident (and the responsibility applicable Guarantor) shall be liable to Owner or its assignee (including, without limitation, Owner’s hazard insurer) for any fire, water, or other damage to the real or personal property of Owner negligently or intentionally caused by Resident, or any guests thereof (collectively, "Authorized Occupants"). If the Premises shall be rendered un- tenantable by the negligent or intentional acts of any Authorized Occupant, Resident shall continue to be liable for Rent in the amount provided in this Agreement. Owner shall make required repairs and maintenance to heating and air conditioning equipment and to appliances furnished for Resident’s use without charge to Resident, unless such repairs or maintenance are necessary because of the Tenant(s) to notify the Landlord immediately negligent or intentional act or omission of any needed Authorized Occupant, in which case Resident shall bear the costs of such maintenance and repairs. Resident will maintain the Premises and all equipment, fixtures and property furnished by Owner for Resident’s use throughout the lease term in good condition and repair and will allow no waste of any utilities provided by Owner. Resident shall pay the expense of replacing cracked or unsafe condition existing around or broken window glass in the Premises including but and for broken or lost keys. Resident shall keep the window glass clean at all times and will not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises install additional window coverings without the prior written consent of Owner. Any, and all damages or costs of repair owed by Resident pursuant to this Agreement will include the Landlordactual costs to repair or replace damaged property and, (if applicable), Owner’s loss of rental income. If written consent Subject to the foregoing, if the Premises is givenpartially damaged by fire or other casualty but can be restored to tenantable condition, such alterations Owner shall repair the Premises with reasonable dispatch. Resident’s obligation to pay Rent shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until suspended only during such time as the Premises will are un-tenantable; provided, however, that if the Premises are entirely destroyed by fire or other casualty such that the Premises cannot be put in repairrestored to tenantable condition within a reasonable time, either party shall have the right to terminate this Agreement by written notice to the other party. In case Owner shall have no liability for any incidental or consequential loss or expense incurred by Resident during the period of total destructionany repair to the Premises hereunder, including (without limitation) the rent shall be paid until the time costs of such destruction and from thenceforth this Lease temporary substitute housing. This Agreement shall cease not be affected, and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction diminution or abatement of rent Rent and Tenant(s) no constructive eviction shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets claimed or paint the Premises, moving furniture and wall hangings shall be the duty and expense allowed because of the Tenant(s). Tenant(s) understands there will be no rent reductionsinterruption or curtailment of any service (including, adjustmentsbut not limited to heating, air conditioning, internet service, or other compensation due to cable service) or utilities or any inconvenience or discomfort arising from repairs or interruptions improvements made in the Premises or to any other part of service except as the building of which the Premises is a part (the “Building”), or to the common areas or facilities serving or ancillary to the Building, provided by lawthe Premises is habitable and Owner makes necessary repairs and improvements within a reasonable time.
Appears in 1 contract
Samples: Residential Lease Agreement
Repairs and Maintenance. It is the responsibility of the Tenant(s(a) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in Tenant, at its sole cost and expense, shall keep and maintain the Premises including but not limited in substantially the same order and condition as delivered to cracks in Tenant on the foundationCommencement Date, cracks in plasterfree of rubbish, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All shall promptly make all non-structural repairs necessary to keep and maintain premises such order and condition as delivered to Tenant on the Commencement Date. Tenant shall be done by or under the direction of the Landlordalso, at Tenant’s sole cost and expense, make all repairs to the Premises, Building, of Project and its 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 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, at Tenant’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time of notice to Landlord. When used in this Section, 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 expense Building and the Premises. Subject to Tenant’s payment of all Recognized Expenses as set forth herein, Landlord shall provide the Landlord; and in case the damage is so extensive as to render janitorial services for the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or set forth on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawExhibit “C”.
Appears in 1 contract
Samples: Lease (Marinus Pharmaceuticals Inc)
Repairs and Maintenance. It is Except for the responsibility specific repairs, maintenance and replacements to be made by Landlord pursuant to this Lease, in all other respects the Tenant will, during the full term of this Lease, at its own expense, promptly make all repairs and perform all acts of maintenance necessary to keep the Demised Premises and all improvements, equipment and utility lines therein and all other elements thereof in good condition and repair, including also without limitation all maintenance, repairs and replacements, excepting only for repairs to the structure and to any utility lines located outside of the Tenant(s"Structure" (as defined below) to notify of the Demised Premises (such lines hereinafter called "Exterior Utility Lines"); unless such repairs of the Structure or of the Exterior Utility Lines are necessitated by any acts, omissions or negligence of Tenant or its assignees or subtenants or its or their agents, servants, employees, contractors, invitees, licensees, customers or subtenants ("Permittees"), in any of which events Tenant shall reimburse Landlord immediately for the costs of any needed repair or unsafe condition existing around or in such repairs and replacements of the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls Structure and ceiling, buckling sheetrock or siding, or any leaksExterior Utility Lines within thirty (30) days of demand therefor. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage Said repairs to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs Structure and Exterior Utility Lines shall be made at the sole cost by Landlord as promptly as commercially practicable after receipt of written notice from Tenant of the Tenant(snecessity therefor. Tenant shall give Landlord prompt notice of any fire, accident, defects, damage or injury occurring at, in or to the Demised Premises and of any death, damage or injury to persons therein, but nothing herein contained shall be construed to require Landlord to make any repairs to said Demised Premises or to provide compensation for any such damage or injury, except as otherwise expressly herein provided. For purposes of this Paragraph 3(C) and of all other provisions of this Lease, the term "Structure" shall refer to the foundations, structural frame, exterior walls and glazing, demising walls ground floor slab and exterior roof and roofing system of the Building, and the term "Exterior Utility Lines" shall refer to all electrical, plumbing, and sewage systems and lines located outside of the Structure of the Demised Premises. Tenant, at its own expense, will make all repairs, maintenance and replacements promptly when and as necessary for the heating, ventilating and air-conditioning systems and equipment which serve only the Demised Premises ("HVAC"). Such repairs shall be made to conform to Tenant at its own expense will keep in force throughout the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination term of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control a contract for maintenance of the Landlord or HVAC serving the TenantDemised Premises with a competent, then licensed mechanical contractor reasonably acceptable to Landlord. Tenant shall cause the Premises or surrounding areas shall HVAC to be repaired within a reasonable time at the expense of the Landlord; and maintained in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until good condition by such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawmechanical contractor.
Appears in 1 contract
Samples: Lease (Advancis Pharmaceutical Corp)
Repairs and Maintenance. It is the responsibility of the Tenant(s) Unless otherwise expressly provided herein, Landlord shall not be required to notify the Landlord immediately make any improvements or repairs of any needed kind or character on the leased premises during the term of this lease. Tenant shall, at its own cost and expense, repair or unsafe condition existing around restore any damage or in injury to the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or sidingLeased Premises, or any leaks. If Xxxxxx(s) part thereof, caused by Tenant or Tenant's agents, employees, invitees, licensees or visitors; provided, however, if Tenant fails to immediately notify make such repairs or replacements promptly. Landlord of visible problemsmay. at its option, which result in make such repairs or replacements, and Tenant shall reimburse the cost thereof to Landlord on demand. Tenant shall not commit or allow any waste, or damage to be committed on any portion of the unitLeased Premises, then Tenant(s) becomes liable for and at the termination of this lease, by lapses of time or otherwise, " Tenant shall deliver Said Leased Premises to Landlord in as good condition as that date of initial possession by Tenant, ordinary wear and tear excepted, and upon such termination of this lease, Landlord shall have the right to re-enter and resume possession of the Leased Premises. The cost and expense of resultant damage. All repairs any repair necessary to maintain premises shall be done by or under restore the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Leased Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for condition in which no such maintenance is needed (false call), Tenant(s) will they are to be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. delivered to Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused borne by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Repairs and Maintenance. It is the responsibility 15.01 Tenant shall take good care of the Tenant(sDemised Premises. Tenant, at its expense, but subject to the provisions of Section 11.03, shall promptly 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 (i) to notify the Landlord immediately performance or existence of any needed repair Tenant's Work or unsafe condition existing around Tenant's Changes, (ii) the installation, use or operation of Tenant's Property in the Premises including 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 limited to cracks be responsible for any of such repairs as are required by reason of Landlord's neglect or other fault in the foundationmanner 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, cracks in plasteragents or contractors. Except if required by the neglect or other fault of Landlord or its employees, moisture in walls and ceilingagents or contractors, buckling sheetrock or sidingTenant, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problemsat its expense, which result in damage but subject to the unitprovisions of Section 11.03, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by replace all materially damaged or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, broken doors or other person acting under glass in or about the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Demised Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) and shall be responsible for all broken glassrepairs, maintenance and replacement of wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. Tenant(s) 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 paintbe unreasonably withheld, re-wallpaper, conditioned or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an enddelayed. In the eventevent that Landlord fails to respond to Tenant within ten (10) business days with respect to a request for approval of a contractor or subcontractor, Tenant shall send to Landlord a notice (hereinafter referred to as the damage is caused by "ADDITIONAL NOTICE") which shall state that unless Landlord responds to the act request for approval of such contractor or subcontractor within five (5) days after receipt of the Tenant(s)Additional Notice, Landlord's approval of such contractor or someone in or on the Premises by reason of Tenant’s permission or consent, there subcontractor shall be no reduction deemed granted and, in the event Landlord fails to respond to such Additional Notice within five (5) days of rent and Tenant(s) shall be liable for all costs of repair. Should receipt thereof, Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, deemed to have approved such contractor or other compensation due to repairs or interruptions of service except as provided by lawsubcontractor.
Appears in 1 contract
Samples: Bolt Inc
Repairs and Maintenance. It is the responsibility Landlord will, at its own cost and expense, -------------------------- except as may be provided elsewhere herein, make necessary repairs of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unitBuilding corridors, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction lobby, structural members of the LandlordBuilding, at and equipment used to provide the Landlord’s expenseBuilding Standard services referred to in Item 8, except those unless any such damage is caused by negligence acts or acts omissions of Tenant(s)Tenant, Tenant’s agentsits agents customers, employees, principals, contractors, consultants, assigns, subterrants or invitees, in which repairs shall be made at event Tenant will bear the sole cost of the Tenant(s)such repairs. Such Tenant will allow no maintenance or repairs shall to be made done in, on, to conform to the original condition of or about the Premises at the time the Tenant(sother than by a licensed contractor (such term to include all degrees and levels of subcontractors) took possession. Although the approved by Landlord repairs normal wear and tear items, the adage “you broke it you pay in writing prior to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no any such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlordor repairs being undertaken. Landlord shall be entitled to require such contractor to be bonded and insured in such amounts and with such companies as Landlord may in its discretion prescribe. Tenant will not injure the sole judge Premises or the Building but will maintain the Premises in a clean, attractive, condition and in good repair, except as to what repairs are necessarydamage to be repaired by Landlord as provided above. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon Upon termination of this Lease Lease, Tenant will surrender and tenancydeliver the Premises to Landlord in the same condition in which they ex1sted at the commencement of this Lease, excepting only ordinary wear and tear and damage arising from any cause not required to be repaired by Tenant, or Landlord approved alterations and improvements. Tenant(s) This Item 12 shall not permit any act apply in the case of damage or thing deemed hazardous destruction by fire or other casualty which is covered by insurance maintained by Landlord due to potential risk of fire or which will increase on the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive Building (as to render the Premises unfit for human habitation, the rent which Item 15 hereof shall cease until such time apply) or damage resulting from an Eminent Domain taking (as the Premises will be put in repair. In case of total destruction, the rent to which Item 17 hereof shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(sapply), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Repairs and Maintenance. It 7.1. Landlord shall maintain or cause to be maintained, the common areas of the Building such as lobbies, elevators, stairs and corridors, the roof, foundations, parking lots, driveways, sidewalks, curbs, landscaping, lighting and exterior walls of the Building and the underground utility and sewer pipes outside the exterior walls of the Building, if any, provided that to the extent any of such repairs is rendered necessary by the gross negligence or willful misconduct of Tenant, its agents, customers, employees, independent contractors, guests or invitees, Tenant shall be obligated to reimburse Landlord for all costs sustained by Landlord in connection with such repair as additional rent hereunder, which reimbursement shall be due no later than fifteen (15) days after Landlord's written demand. Subject to Landlord's right of access pursuant to Article 17, Tenant shall be exclusively responsible for the repairs and maintenance to the interior of the Premises and Landlord shall be under no obligation to inspect the Premises. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair. Tenant hereby waives the right to make repairs at Landlord's expense under any other law, statute or ordinance now or hereafter in effect except as otherwise provided in this Article 7.1. If Landlord fails to perform any maintenance obligation required in this Article 7.1 Tenant shall notify Landlord in writing that such obligation exists. If within ten (10) business days of receipt of such notice Landlord has not commenced performance of said maintenance obligation, Tenant shall have the right to commence performance of such maintenance obligation. In doing so, Tenant may hire repairmen, purchase materials and generally perform any other act which would be reasonably required of Landlord in making such repair. If the repairs are deemed to be necessary in Landlord's reasonable determination, as well as the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused all reasonable costs incurred by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which Tenant in effectuating such repairs shall be made at reimbursed by Landlord after Tenant has submitted to Landlord reasonable documentation evidencing the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any If Landlord fails to reimburse Tenant within thirty (30) days of Tenant's submission to Landlord of reasonable documentation including the costs of such repair, then Tenant shall have all remedies at law and in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rentequity. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations All expenses incurred by Landlord pursuant to this Article 7 (to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(sextent not payable directly by Tenant as above provided) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put included within "Other Operating Costs" as defined in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawArticle 9.1.1.2 below.
Appears in 1 contract
Samples: Ace Comm Corp
Repairs and Maintenance. It is your responsibility to ensure that your home is maintained in a clean condition and good state of repair. You should ensure that all repairs for which you are responsible for are carried out without delay and to a satisfactory standard. You must repair to the satisfaction of PMVT or bear the cost of repairing any fixture or fitting if it is found to have occurred as mis-use, neglect or damage considering the age, character and life expectancy of same. If a fixture or fitting have been damaged accidentally or through neglect or carelessness by you or any member of your household or guest/visitor to the dwelling it shall also be deemed the responsibility of the Tenant(s) tenant to notify bear the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies If your home has a garden or balcony, you must keep it in accordance with the Landlord-Tenant Act, Tenant(s) good condition and free from waste or litter. • Gully traps must be current kept clean and clear. • Grass must be cut regularly in rentseason. Tenant(s) • You shall be not plant trees or shrubs which may cause damage to your home or neighbouring properties. • You must trim all xxxxxx and trees seasonally. You must make use of any arrangements made by PMVT or Management Company for the removal of refuse and you shall not allow any accumulation of refuse in or around your dwelling. Where arrangements for refuse disposal are not provided, you shall make provision for its disposal and pay all costs incurred. You are responsible for maintaining your own furniture, appliances and other fixtures and fittings. You are also responsible for maintaining any furniture or appliances that have been “gifted” (provided) to you in a leased dwelling. You must report to PMVT all broken glassdefects and necessary repairs which are not your responsibility as soon as that you become aware of them. Tenant(s) shall not paint, reA full list of repair responsibilities is set out in the schedule on Pages 27-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law32.
Appears in 1 contract
Samples: Tenancy Agreement
Repairs and Maintenance. It is 15.01 Tenant shall maintain the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or Demised Premises (including Tenant's equipment, personal property and trade fixtures located in the Premises including but not limited to cracks Demised Premises) in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original their condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal they were delivered to Tenant, reasonable wear and tear itemsexcepted, the adage “you broke it you pay except for damage by casualty which Tenant is not required to fix it” applies restore hereunder. Tenant shall, at Tenant's sole cost and expense, make all interior non-structural repairs to the Tenant(s) Demised Premises as and it applies during tenancy as well as at when needed to preserve the end of tenancy. In additionDemised Premises in good condition and working order, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlorddamage from casualty excepted. Landlord shall be responsible for operating, maintaining, and repairing the sole judge Building including, but not limited to, maintenance, repairs and replacements including all structural and non-structural repairs; maintenance, repair and replacement of all Building systems including, but not limited to, electrical and plumbing; all roof repairs and replacement (including snow removal from the roof, if required, and any roof drainage systems); maintenance, repairs and replacement of the parking areas, driveways and sidewalks; maintenance of the Land and grounds; and ice and snow removal. Tenant shall pay as to what Additional Rent under the terms set forth in Article 5 of this Lease Tenant's Proportionate Share of all costs incurred by Landlord for the maintenance and repairs are necessaryset forth in the preceding sentence. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused Except if required by the negligence or other fault of Landlord or its employees, agents or contractors, Tenant, Xxxxxx’s familyat its expense, inviteeshall replace all scratched, licensee, damaged or other person acting under glass in or about the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Demised Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) and shall be responsible for all broken glassrepairs, maintenance and replacement of interior doors and wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. Tenant(s) 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 paintbe unreasonably withheld or delayed. To the best of Landlord's knowledge, re-wallpaperthe HVAC, or otherwise redecorate or make alterations to electrical and plumbing systems and components serving the Demised Premises without the written consent shall be in good working order as of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawCommencement Date.
Appears in 1 contract
Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in Tenant shall, at its sole expense, maintain the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls good condition and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All promptly make all repairs and replacements necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of keep the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear safe and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlordgood condition. Landlord shall be maintain and repair the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective conditionBuilding structure, nor shall any defense or remedy be available to foundation, exterior walls, and roof, and the Tenant(s)Common Areas, where the defective condition complained cost of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) which shall be responsible for all broken glassincluded as an Operating Cost. Tenant(s) Tenant shall not paint, re-wallpaper, damage any demising wall or otherwise redecorate or make alterations to disturb the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part structural integrity of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit promptly repair any act damage or thing deemed hazardous injury done to any such demising walls or structural elements caused by Landlord due to potential risk of fire Tenant or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fireits employees, rainagents, windcontractors, or other cause beyond the control of the Landlord invitees. If Tenant fails to maintain or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint repair the Premises, moving furniture Landlord may enter the Premises and wall hangings perform such repair or maintenance on behalf of Tenant. In such case, Tenant shall be obligated to pay to Landlord immediately upon receipt of demand for payment, as additional Rent, all costs incurred by Landlord. Notwithstanding anything in this Section to the duty contrary, Tenant shall not be responsible for any repairs to the Premises made necessary by the acts of Landlord or its agents, employees, contractors or invitees therein or due to commercially reasonable wear and expense tear. Upon expiration of the Tenant(s). Tenant(s) understands there will be no rent reductionsLease term, adjustmentswhether by lapse of time or otherwise, Tenant shall promptly and peacefully surrender the Premises, together with all keys, to Landlord in as good condition as when received by Tenant from Landlord or other compensation due to repairs or interruptions of service except as provided by lawthereafter improved, reasonable wear and tear and insured casualty excepted.
Appears in 1 contract
Samples: Lease Agreement (Glu Mobile Inc)
Repairs and Maintenance. It is (a) Unless otherwise expressly provided, Lessor shall not be required to make any improvements, replacements or repairs of any kind or character to the responsibility Premises during the term of this Lease. Notwithstanding the foregoing, Lessor acknowledges and agrees that it shall be solely responsible for the repair and maintenance of all structural elements of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including building, including, but not limited to cracks in the foundationfloor slab, cracks in plaster, moisture in exterior and all other load bearing walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy roof thereof as well as at the end underground components of tenancyall utility systems serving the Premises. In addition, if a Tenant(s) calls for maintenance Lessor acknowledges and agrees that it shall maintain such components of the building for which no such maintenance it is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, responsible hereunder and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies all Common Areas in accordance with the Landlordstandards then applicable to other similarly situated first-Tenant Actclass office buildings in the Durham, Tenant(s) must North Carolina area. Lessor shall not be current liable to Lessee, except as expressly provided in rentthis Lease, for any damage or inconvenience, and Lessee shall not be entitled to any abatement or deduction of rent by reason of any repairs, alterations or additions made by Lessee under this Lease, provided same are conducted in such a manner so as to minimize any interference with Lessee’s business operations. Tenant(s) Lessee will be required to maintain and repair all damage to each and every part of the Premises, which are not the responsibility of Lessor hereunder including without limitation, the water apparatus, HVAC, electric lights or any other fixtures, appliances or appurtenances of the Premises such as walls, doors, corridors, windows and other structures and equipment within and serving the Premises, unless the same are necessitated by Lessor’s negligence or the negligence of its agents or contractors (in which event Lessor shall be responsible for all broken glassthe repair thereof). Tenant(s) Lessee shall not paintenter into and keep in force throughout the term of the Lease a maintenance/service contract with respect to the HVAC system and, re-wallpaperat Lessor’s request, shall submit proof of such contract. Notwithstanding the foregoing, or otherwise redecorate or make alterations any other provision contained herein to the contrary, Lessor acknowledges and agrees that Lessee’s responsibility with respect to the HVAC system serving the Premises without shall be limited to the written consent maintenance of the Landlordrequired service contract and for repairs required thereto costing less than $750.00 per occurrence. If written consent is given, such alterations Lessor acknowledges and agrees that it shall be at solely responsible for any repairs or replacements required to the expense HVAC system costing in excess of $750.00 per occurrence. Lessee agrees to keep the Premises trash-free and to pay the cost of trash and debris removal as related to Lessee’s operation. Lessee agrees to use a trash removal service designated by Lessor (provided same is competitively priced) and Lessee shall be billed directly for such service. Lessee shall remove all liens of record that may result from Lessee’s performance of any repairs or maintenance required under this Paragraph 9 and shall make all such repairs and perform all such maintenance in a good and workmanlike manner. Lessee agrees that all such repair and maintenance work shall be in compliance with federal, state and local law, including, but not limited to, the Americans with Disabilities Act (the “ADA”). Notwithstanding any other provision contained herein to the contrary, Lessor represents and warrants to Lessee that as of the Tenant(sCommencement Date and for a period of sixty (60) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by firedays thereafter, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint utility systems serving the Premises, moving furniture and wall hangings including, but not limited to the HVAC system shall be the duty in good working order. In addition, Lessor represents and expense warrants that as of the Tenant(s)Commencement Date the building and Premises shall comply in all material respects with all laws, rules and regulations governing the same including, but not limited to the ADA. Tenant(s) understands there will be no rent reductionsFurthermore, adjustmentsin addition to Lessor’s obligations elsewhere in this Lease, or other compensation due to Lessor shall at Lessor’s sole cost and expense, and with reasonable diligence perform all the following repairs or interruptions improvements: (a) repairs which are required as a result of service except latent or hidden defects present in the Premises as provided of the Commencement Date, (b) any repairs or improvements which are necessary to comply with any law, ordinance, order or restriction now or hereafter imposed by lawany federal, state or local government or governmental body, exclusive of any repair or improvement made necessary solely as a result of Lessee’s use of the Premises.
Appears in 1 contract
Samples: Commercial Lease Agreement (Adherex Technologies Inc)
Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(sTenant(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, XxxxxxTenant’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Samples: irp.cdn-website.com
Repairs and Maintenance. It is (a) Tenant shall keep, maintain and repair, at its sole cost and expense, the responsibility Premises, including, without limitation, the roof, walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Tenant(sPremises, parking areas, sidewalks, roadways and landscaping in good repair and appearance, and shall make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may be required to notify the Landlord immediately of any needed repair or unsafe condition existing around or be made in order to keep and maintain the Premises including but not limited to cracks in as good repair and appearance as they were when originally constructed, except for ordinary wear and tear and (other than for any Restoration required by the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or terms of this Lease) any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary Premises by any Termination Casualty to maintain premises shall be done by or under the direction Major Condemnation of the Landlord, at the Landlord’s expense, except those caused by negligence Premises. Tenant shall do or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made cause others to conform to the original condition do all shoring of the Premises at or of the time foundations and walls of the Tenant(s) took possession. Although Premises and every other act necessary or appropriate for the Landlord preservation and safety thereof (including, without limitation, any repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy required by Law as well as at the end contemplated by Section 10 of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false callthis Part II), Tenant(s) will be charged for by reason or in connection with any excavation or other building operation upon the service call. Any repairs, including labor, materialPremises, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair do so. Landlord shall not be required to make any defective conditionrepair, nor shall any defense replacement, maintenance or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licenseeother work whatsoever, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to maintain the Premises for purposes of in any way, and Tenant waives the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Actright to make repairs, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, replacements or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, perform maintenance or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time work at the expense of the Landlord; , which right may be provided for in any Laws. Nothing in the preceding sentence shall be deemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking to the extent provided in this Lease. Tenant shall, in all events, make all repairs, replacements and perform maintenance and other work for which it is responsible hereunder, in case the damage is so extensive as to render a good, proper and workmanlike manner. As used herein “Restoration” shall mean restoring or repairing the Premises unfit for human habitationto as nearly as possible its value, the rent shall cease until such time as condition, character, utility and useful life immediately before a Condemnation or Casualty, but in any event assuming the Premises will be put have been maintained in repair. In case accordance with the requirements of total destruction, the rent shall be paid until the time Section 9 of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawPart II.
Appears in 1 contract
Repairs and Maintenance. It is Lessor shall keep or cause to be kept in good operating order and condition (reasonable wear and tear excepted) and, in a reasonable and timely manner, repair and maintain the responsibility Leased Premises, including but not limited to, the basic plumbing, heating, ventilating, air conditioning, roofing systems, and electrical systems installed or furnished by Lessor, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Lessee, its agents, servants, employees or invitees, in which case Lessee shall pay to Lessor, in addition to the amounts due hereunder, the reasonable cost of such maintenance and repairs. Lessor shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for ten (10) working days, or an unreasonable time given the circumstances, after Lessee gives written notice of the Tenant(s) to notify need of such repairs or maintenance. There shall be no abatement of the Landlord immediately amounts due hereunder and no liability of Lessor by reason of any needed repair injury to or unsafe condition existing around interference with Lessee’s operations arising from the making of any repairs, alterations or improvements in or to any portion of the Leased Premises, or in or to fixtures, appurtenances and equipment therein, unless Lessor determines in its reasonable discretion that the Leased Premises are not habitable or useable for the Permitted Use. In the event Lessor declares that the Leased Premises are not useable, in its reasonable discretion and in consultation with Lessee, Lessor shall first have the right to provide alternative space substantially comparable, as determined in the Lessor’s reasonable discretion, to the Leased Premises (the “Alternative Space”). Should Alternative Space be offered to the Lessee, there shall be no abatement of the amounts due hereunder. If Lessor declares that the Leased Premises are not useable and does not offer Lessee Alternative Space, the amounts due hereunder shall be abated based on the number of days that Lessor determines in its reasonable discretion the Leased Premises are not useable for the Permitted Use. Lessee waives the right to make repairs at Lessor’s expense under any law, statute or ordinance now or hereafter in effect. Lessee shall bear the costs of all maintenance and repairs which are uniquely attributed to its use of the Leased Premises, including but not limited to cracks in any repairs or services by the foundationLessor’s Physical Plant Department beyond what is customary for Physical Plant to provide, cracks in plasteras determined by Lessor, moisture in walls and ceilingany repairs, buckling sheetrock maintenance, consulting services or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord monitoring of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs Leased Premises necessary to maintain premises GMP status or required for the Permitted Use by Lessee (“Specialized Maintenance”) provided by Lessor or by third parties at Lessor’s request. Lessee shall be done by or under the direction work with Lessor to secure services contracts for all Specialized Maintenance, in full observance of the LandlordLessor’s procurement policies and rules. The parties acknowledge that this Agreement shall supersede in its entirety that certain Service Level Agreement by and between the University of Louisville Physical Plant Department, Lessee, and the Institute for Cellular Therapeutics, dated January 1, 2015. So long as Lessee pays the prescribed rent and costs of Specialized Maintenance, and performs or observes all of the terms, conditions, covenants, and obligations of this Agreement required to be performed or observed by it hereunder, Lessee shall, at all times during the Landlord’s expenseTerm hereof, except those caused by negligence or acts of Tenant(s)have the peaceable, Tenant’s agentsquiet and effective enjoyment, or inviteespossession, which repairs shall be made at the sole cost occupancy, and use of the Tenant(s). Such repairs shall be made to conform to Leased Premises and the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear itemsassociated Common Areas without any unreasonable interference from Lessor; provided, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In additionhowever, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord Lessor shall have no obligation the right to repair any defective condition, nor shall any defense or remedy be available to enter the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Leased Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination Section 12 of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawAgreement.
Appears in 1 contract
Repairs and Maintenance. It is Landlord will repair and maintain the responsibility structural components of the Tenant(s) Building, the basic Building core, the basic Building facilities systems which pass through the Premises and the Common Areas. Landlord will not be responsible for maintenance or repair of improvements made by or at the request of Tenant that are not Building Standard (which term, as used herein and herein so called, shall mean the level or type of service or equipment standard in the Building or the type, brand or quality of materials Landlord designates from time to notify time to be the Landlord immediately minimum or exclusive type, brand or quality to be used in the Building), it being hereby agreed that Tenant shall be solely responsible for the cost of maintenance or repair of any needed repair non-Building Standard improvements made by or unsafe at the request of Tenant. Tenant will, at Tenant's expense, take good care of and maintain the Premises in good order, condition existing around or and repair, except as provided in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or preceding sentence. Tenant will be liable for any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary Premises or to maintain premises shall be done by or under the direction any other part of the LandlordBuilding which arises out of any act, omission, misuse or neglect of Tenant or any of Tenant's subtenant's, employees, agents, contractors or invitees entering upon the Premises. Tenant, at the Landlord’s Tenant's expense, except those caused by negligence will promptly replace all scratched, damaged or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of broken doors and glass in and about the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glassrepairs, maintenance and replacement of wall and floor coverings in the Premises and replacement of all non-Building Standard (it being the agreement of Landlord that Landlord shall replace, at Landlord's expense, any Building Standard lighting in the Premises) light bulbs and fluorescent tubes in the Premises. Tenant(s) shall not paint, re-wallpaper, Any repairs in or otherwise redecorate or make alterations to the Premises without or the Building for which Tenant is responsible will, only after Landlord's receipt of written consent of the Landlord. If written consent is givenrequest therefor, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous performed by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the at Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the 's expense of the (including Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s's supervision fee under Section 4.9 hereof), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Samples: Office Lease Agreement (Jamba, Inc.)
Repairs and Maintenance. It is Tenant shall maintain Leased Premises in a clean, orderly and sanitary condition and keep in good repair the responsibility interior of the Tenant(s) to notify Leased Premises, including snow removal on adjacent sidewalks. During the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationLease term, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises Tenant shall be done by or under the direction of the Landlord, make at the Landlord’s Tenant's expense, except those all necessary repairs to Leased Premises for such items as routine repairs of floors, walls, ceilings, and other parts of Leased Premises damaged or worn through normal occupancy, and for any other items for which damage is caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be maintain side and rear exterior walls, the sole judge as roof, windows, doors, skylights, and interior walls to what repairs the point of which they are necessary. Landlord shall have no obligation to repair any defective in good condition, nor shall any defense or remedy be available to the Tenant(s)so long as, where the defective condition complained of was Tenant is not responsible for damages caused by the Tenant’s willful, Xxxxxx’s family, invitee, licenseereckless, or other person acting under negligent conduct. In the control or direction case of the Tenant(s)damages caused by Tenant’s willful, reckless, or where the negligent conduct, Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glassrepair and/or necessary maintenance. Tenant(s) Tenant shall not paintkeep the Premises free of ice. Landlord reserves the right in its reasonable discretion to alter, re-wallpaperreconstruct, expand, withdraw from or otherwise redecorate or make alterations add to the Premises without building from time to time. In the written consent exercise of the Landlord. If written consent is giventhose rights, such alterations shall be at the expense of the Tenant(s) and shall become part Landlord undertakes to minimize any interference with Tenant’s use of the Premises and ensure that direct entrance to and exit from the Owner’s property Premises is maintained. Landlord reserves the right for itself and for all persons authorized by it, to erect, use and maintain wiring, mains, pipes and conduits and other means of distributing services in and through the Premises, and at all reasonable times to enter upon termination the Premises for the purpose of installation, maintenance or repair, and such entry will not be an interference with Tenant's possession under this Lease and tenancyLease. Tenant(s) shall not permit any act Landlord reserves the right, when necessary by reason of accident or thing deemed hazardous by Landlord due in order to potential risk of fire make repairs, alterations or which will increase the rate of insurance on said Premises. In case improvements relating to the Premises or surrounding areas shall be damaged by fireto other portions of the building to cause temporary as reasonably necessary and to interrupt or suspend the supply of electricity, rainwater and other services to the premises until the repairs, windalterations or improvements have been completed so long as (i) Landlord provides Tenant with at least five (5) business days’ prior written notice of the proposed closure, and (ii) the closure will not adversely affect Tenant’s use of the Premises, access to the Premises, or other cause beyond reduce or otherwise adversely affect the control 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 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 Landlord or STATE Premises Liability Act and interpretation thereof under STATE law. Specifically, Tenant understands that the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense amount of the Landlord; responsibility placed upon it for repairs and in case the damage is so extensive as maintenance may give rise to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an endthird party liability. In the event, the damage is caused by the act event of the Tenant(s), or someone in or claims made for third party injuries occurring on the Premises by reason of Tenant’s permission or consentpremises, there shall be no reduction of rent Tenant agrees to indemnify and Tenant(s) shall be liable for all costs of repair. Should hold harmless Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawagainst those claims.
Appears in 1 contract
Samples: Amended Commercial Lease Agreement
Repairs and Maintenance. It is 10.01 Tenant shall, at all times during the responsibility Term, at its sole cost and expense, maintain the Demised Premises in good first class order and shall provide all cleaning and janitorial service to the Demised Premises, including among other things the cleaning of exterior windows, necessary to maintain the Tenant(s) same in such first class order. Tenant, at Tenant's sole cost and expense, shall make all necessary repairs to notify the Landlord immediately Demised Premises, of any needed repair or unsafe condition existing around or in the Premises whatever nature other than structural repairs referred to below, including but not limited to cracks in the foundationinterior and exterior, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy extraordinary as well as at ordinary, foreseen or unforeseen, and will keep all improvements and the end of tenancyfixtures, machinery and equipment located in or on the Demised Premises, or servicing the same and every part thereof in good first class order and repair. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will Tenant shall be charged solely responsible for the service call. Any repairsmaintenance, including laborrepair and/or replacement of any computer, materialcommunications, plumbing fixtures, heating, ventilating and parts usedair conditioning units and similar equipment installed by Tenant or at its request, which are whether or not located in the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessaryDemised Premises. Landlord shall have no obligation duty whatsoever to repair make any defective condition, nor shall any defense or remedy be available repairs to the Tenant(s)Demised Premises, where or to the defective condition complained fixtures, machinery and equipment located thereon or serving the same, during the Term of was caused this Lease or any Option Term thereof. Landlord shall make structural repairs to the Building and the Demised Premises which in its reasonable judgement are necessary, and the same shall be added to Landlord's Costs of Operation. If any part of the Demised Premises shall be damaged solely by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent negligence of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act its agents or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenantemployees, then the Premises or surrounding areas Landlord shall be repaired within a reasonable time repair such damage at the expense of the Landlord; its sole cost and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawexpense.
Appears in 1 contract
Samples: Radiation Therapy Services Inc
Repairs and Maintenance. It is Agent will make necessary repairs with commercially reasonable promptness after receipt of written notice from Tenant. Agent shall maintain, and/or repair/replace the responsibility plumbing, heating, cooling, electrical systems, and the exterior walls and roof of the Tenant(s) to notify Property. Tenant shall be obligated for the Landlord immediately costs of any needed repair such repairs, replacements, and related services if the need for such repairs, replacements, and related services results from the negligence or unsafe condition existing around or in misuse by Tenant, other residents of the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or sidingProperty, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or servants, employees, invitees, or family members. Tenant agrees to promptly notify Agent of any condition which repairs shall be made at is the sole cost obligation of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation Agent to repair any defective conditionor replace. Except as provided above, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glassother repairs and replacements to the Property. Tenant(s) shall not Any damage to the wallpaper, paint, re-wallpaperwalls, floors, carpeting, doors, windows, window treatments, light fixtures, appliances, or otherwise redecorate or make alterations other improvements to the Premises without the written consent Property (to include burst water pipes due to freezing caused by neglect or carelessness of the LandlordTenant, his family, or any of his guests), in excess of ordinary wear and tear, shall be promptly repaired or replaced by tenant, at Tenant’s sole expense, so as to restore the Property to the same condition as existed prior to the commencement of the Term. If written consent is givenTenant shall fail to make any such repair or replacement, Agent, in Agent’s sole discretion, may make such alterations repair or replacement, in which event, the cost of such repair or replacement shall be at the expense of the Tenant(s) added to and shall become deemed a part of the Premises rent and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged payable by fireTenant to Agent on demand. Agent shall have the same remedies for the collection of such costs as Agent has for the non-payment of rent under this Lease. Any damage to window glass or entry doors is the sole responsibility of the Tenant. Tenant shall furnish the HVAC system filters, rainbatteries, windtrash cans, janitorial services, electric light bulbs, fuses, or any other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and services not specifically listed as supplied in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement at Tenant’s expense. As of the date of this Agreement, Agent warrants that the Property sewage drains are in good working order and that they will accept the normal household waste for which they were designed. They will not accept items such as paper diapers, toys, sanitary napkins, tampon applicators, balls of hair, grease, table scraps (if no garbage disposal), clothing, rags, sand, dirt, newspapers, or similar items. Tenant agrees to pay all expenses associated with clearing all drains of any and all stoppages except those that the plumber, who is called to clear the stoppage, will attest to in writing were caused by defective plumbing, tree roots, or act of God. Upon the failure of the Tenant to make any such repair, Agent, in Agent’s discretion, may make such repair and the cost of such repair shall cease e added to and come deemed a part of the rental sum, and shall be payable, on demand, by Tenant to an endAgent. In The Agent shall have the eventsame remedies for the collection of such costs as Agent has for non- payment of rent. Any such repairs made by Agent will be billed at market rates plus the cost of any materials. When a maintenance request is made, the damage is caused by request will serve as notice to the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there Tenant that a maintenance technician will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawentering the property in reasonable time.
Appears in 1 contract
Samples: Maryland Residential Lease Agreement
Repairs and Maintenance. It is 9. (d) Tenant shall keep, maintain and repair, at its sole cost and expense, the responsibility Premises, including, without limitation, the roof, walls, footings, foundations, HVAC, mechanical and electrical equipment and systems in or serving the Premises and structural and nonstructural components and systems of the Tenant(sPremises, parking areas, sidewalks, roadways and landscaping in good repair and appearance, and shall make all repairs and replacements (substantially equivalent in quality and workmanship to the original work) of every kind and nature, whether foreseen or unforeseen, which may reasonably be required to notify the Landlord immediately of any needed repair or unsafe condition existing around or be made in order to keep and maintain the Premises including but not limited to cracks in as good repair and appearance as they were when originally constructed, except for ordinary wear and tear and (other than for any Restoration required by the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or terms of this Lease) any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done Premises by or under the direction any Material Taking of the Landlord, at the Landlord’s expense, except those caused by negligence Premises. Tenant shall do or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made cause others to conform to the original condition do all shoring of the Premises at or of the time foundations and walls of the Tenant(s) took possession. Although Building and every other act necessary or appropriate for the Landlord preservation and safety thereof (including, without limitation, any repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy required by Law as well as at the end contemplated by Section 10 of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false callthis Part II), Tenant(s) will be charged for by reason or in connection with any excavation or other building operation upon the service call. Any repairs, including labor, materialPremises, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair do so. Landlord shall not be required to make any defective conditionrepair, nor shall any defense replacement, maintenance or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licenseeother work whatsoever, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to maintain the Premises for purposes of in any way, and Tenant waives the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Actright to make repairs, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, replacements or otherwise redecorate to perform maintenance or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be other work at the expense of Landlord, which right may be provided for in any Laws. Nothing in the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas preceding sentence shall be damaged by firedeemed to preclude Tenant from being entitled to insurance proceeds or awards for any taking to the extent provided in this Lease. Tenant shall, rainin all events, windmake all repairs, or replacements and perform maintenance and other cause beyond the control of the Landlord or the Tenantwork for which it is responsible hereunder, then the Premises or surrounding areas shall be repaired within in a reasonable time at the expense of the Landlord; good, proper and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawworkmanlike manner.
Appears in 1 contract
Repairs and Maintenance. It is Landlord shall maintain, or cause to be maintained, the responsibility common areas of the Tenant(s) to notify Building, such as lobbies, elevators, stairs, and corridors, the Landlord immediately roof, foundations, and exterior walls of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in Building, and the foundationunderground utility and sewer pipes outside the exterior walls of the Building, cracks in plasterif any, moisture in walls and ceilingprovided that, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost extent any of resultant damage. All such repairs is rendered necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts willful misconduct of Tenant(s)Tenant, Tenant’s its agents, customers, employees, independent contractors, guests or invitees, which repairs Tenant shall be made at obligated to reimburse Landlord for all costs sustained by Landlord in connection with such repair, as additional rent hereunder, which reimbursement shall be due no later than ten (10) days after Landlord's written demand. Subject to Landlord's right of access pursuant to Article 17, Tenant shall be exclusively responsible for the sole cost repairs and maintenance to the interior of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, materialPremises, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have under no obligation to repair inspect the Premises. Tenant shall promptly report in writing to Landlord any defective conditioncondition known to it which Landlord is required to repair, nor and Landlord shall make commercially reasonable efforts to commence such repair and diligently pursue such to completion. Failure to so report such defects shall make Tenant responsible to Landlord for any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous liability incurred by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of such conditions. Tenant hereby waives the right to make repairs at Landlord's expense under any other law, statute or ordinance now or hereafter in effect. All expenses incurred by Landlord pursuant to this Article 7 (to the extent not payable directly by Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Samples: Lease (Sequoia Software Corp)
Repairs and Maintenance. It is Subtenant shall maintain the responsibility Premises in a clean, safe, operable, and good condition, and shall not permit or allow to remain any waste or damage to any portion of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaksPremises. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the LandlordAt Subtenant’s expense, except those Subtenant shall make all repairs and replacements, as and when needed to preserve the Premises in good working order and condition, including without limitation the Base Building Systems located within the Premises. Subtenant shall keep and maintain Subtenant’s Property in good working order and condition. Subtenant shall not be required to make any structural repairs or structural replacements to the Premises; provided however that if any such structural repairs or replacements to the Premises, or if any repairs or replacements to the Common Areas shall be necessitated or caused by the acts, omissions or negligence of Subtenant or acts any of Tenant(s), TenantSubtenant’s agentsRepresentatives, or invitees, which repairs shall be made at by the sole cost use or occupancy or manner of the Tenant(s). Such repairs shall be made to conform to the original condition use or occupancy of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense Subtenant or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, XxxxxxSubtenant’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the TenantRepresentatives, then the Premises Sublandlord shall make such repairs or surrounding areas shall be repaired replacements within a reasonable time after notice from Subtenant, and Subtenant shall reimburse Sublandlord for the cost of same as Additional Rent. Subtenant shall repair or replace, subject to Sublandlord’s direction and supervision, any damage to the Building caused by a Subtenant’s Representative. If Subtenant fails to make such repairs or replacements within fifteen (15) days after the occurrence of such damage, then Sublandlord may make the same at the expense Subtenant’s cost. If any such damage occurs outside of the Landlord; and in case the Premises, then Sublandlord may elect to repair such damage is so extensive as to render the Premises unfit for human habitationat Subtenant’s expense, the rent shall cease until rather than having Subtenant repair such time as the Premises will be put in damage. The cost of all maintenance, repair. In case of total destruction, the rent or replacement work performed by Sublandlord under this section shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come by Subtenant to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(sSublandlord within twenty (20) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawdays after Sublandlord has invoiced Subtenant therefor.
Appears in 1 contract
Samples: Sublease (Synacor, Inc.)
Repairs and Maintenance. It is (a) Landlord agrees that it shall at all times, at its sole cost and expense, keep the responsibility roof of the Tenant(s) to notify Building and the Landlord immediately of any needed repair or unsafe condition existing around or in structural walls (excluding windows, window glass, plate glass and all doors), the Premises including but not limited to cracks in structural floors, the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction structural beams/columns of the LandlordBuilding, at and the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost foundation of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal Building in good repair and condition, reasonable wear and tear itemsand any damage caused by Tenant or Tenant's employees, officers, servants, agents, contractors, subcontractors, assignees, sublessees, licensees or invitees or persons employed by any of them excepted. If any exterior glass is destroyed or displaced as a result of a defect in the adage “you broke it you pay to fix it” applies structure of the Building or as a result of needed maintenance or repairs to the Tenant(s) and it applies during tenancy structure of the Building, then Landlord shall, at its expense, repair or replace any such exterior glass as well as at the end of tenancyneeded. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call)Landlord agrees that it shall at all times, Tenant(s) will be charged for keep the service call. Any repairsCommon Areas in good repair and condition, including labor, materialreasonable wear and tear excepted, and parts usedwill promptly make all repairs thereto which may be necessary during the Term of this Lease. Tenant agrees that the costs associated with the immediately preceding sentence shall be included in CAM Charges and paid by Tenant to Landlord as set forth in Section 4 above and subject to the limitations set forth in Section 4 above. In addition, subject to the provisions of Exhibit "B" attached hereto, prior to the date on which are the responsibility Landlord delivers possession of the Tenant(s)Premises to Tenant, must be pre-approved in writing by the Landlord. Landlord shall be test and evaluate the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction HVAC systems of the Tenant(s)Building and cause such HVAC system to be in good working order prior to such date. Except as specifically set forth herein, or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paintother maintenance, re-wallpaper, or otherwise redecorate or make alterations repair and replacements required to the Premises without and in connection with the written consent of the LandlordPremises. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) Landlord shall not permit be liable to Tenant for any act damage or thing deemed hazardous by Landlord due inconvenience, and Tenant shall not be entitled to potential risk any abatement or reduction of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by firerent, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission any repairs, alterations or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should additions made by Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawunder this Lease.
Appears in 1 contract
Samples: Lease Agreement (Serologicals Corp)
Repairs and Maintenance. It is At the responsibility Expiration Date, Tenant shall surrender the Leased Premises in good condition, reasonable wear and tear and repairs required to be made of Landlord excepted. Except as otherwise provided in this Lease, Landlord shall promptly make all necessary repairs and replacements to the Tenant(sBuilding and the Leased Premises, including all repairs and replacements to the Building and the Leased Premises required as a result of damages caused by fire, casualty, or other acts of God; provided, however, and notwithstanding anything to the contrary contained in this Lease, that Tenant shall make all repairs and replacements to the Leased Premises, at its sole cost and expense (except to the extent that insurance proceeds are recovered therefor), to the extent such damage was caused by its willful act or negligence or the willful act or negligence of its employees, servants, agents, licensees, or invites. Tenant shall, within ten (10) business days, give written notice to notify Landlord in case of fire or accidents (whether to person or property) in or to the Landlord immediately of any needed repair or unsafe condition existing around Leased Premises or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damageBuilding. All repairs necessary to maintain premises shall the Leased Premises or to the Building required to be done made by or Tenant under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs this Lease shall be made at the Tenant's sole cost and expense, at such times and in such manners as Landlord may reasonably designate, and only by such contractors or mechanics as approved by Landlord and only in accordance with such plans as are mutually agreed upon by the parties hereto. If Tenant refuses or neglects to commence or complete such repairs promptly and adequately, Landlord may, but shall not be required to do so, make and complete said repairs and Tenant shall pay the cost thereof to Landlord upon demand. Tenant shall keep the building free from any liens arising out of any work performed, materials provided or other obligations incurred with relation to any construction, improvements or repairs by Tenant. Tenant agrees to bond against or discharge any such lien (including without limitation any construction, mechanic's or materialman's lien) within ten (10) days after a written request therefore by Landlord. Tenant shall give Landlord at least two (2) days written notice prior to commencing or causing to commence any work on the Leased Premises. Tenant shall, within ten (10) days of demand therefor, reimburse Landlord any and all costs and expenses, including reasonable attorney fees, which may be incurred by Landlord by reason of the Tenant(sfiling of any such lien and/or the removal of same. If the Landlord, in its reasonable discretion, deems it necessary, or if the Landlord shall be required by any governmental authority to repair, alter, remove, reconstruct or improve any part of the Building which might in any way substantially affect Tenants use or enjoyment of the Building, (unless the same results from Tenant's willful and/or negligent acts or change from current mode of operation, in which event Tenant shall make all such repairs, alterations and improvements). Such repairs , then the same shall be made to conform to by Landlord with reasonable and prompt dispatch, and, except as otherwise provided in this Lease, absent substantial interference, should the original condition making of such repairs, alterations or improvements cause any interference with Tenant's use of the Premises at Leased Premises, such interference shall not relieve Tenant from the time performance of its obligations under this Lease. If the Tenant(s) took possession. Although parties hereto shall deem it reasonably necessary, or if the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as required by any governmental authority to what repairs are necessary. Landlord shall have no obligation to repair repair, alter, remove, reconstruct or improve any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Leased Premises (unless the same results from Tenant's negligent and/or willful acts or damage of mode of operation, in which event Tenant shall make all such repairs, alterations and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenantimprovements), then the Premises or surrounding areas same shall be repaired within a made by Landlord with reasonable time at and prompt dispatch, and, except as otherwise provided in this Lease, absent substantial interference, should the expense making of such repairs, alterations or improvements interfere with Tenant's use of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Leased Premises, moving furniture and wall hangings such interference shall be not relieve Tenant from the duty and expense performance of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawits obligations under this Lease.
Appears in 1 contract
Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in Tenant shall, at its sole expense, maintain the Premises including but not limited to cracks in the foundationgood condition and promptly make all repairs and replacements, cracks in plasterwhether structural or non-structural, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of keep the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear safe and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairsin good condition, including labor, material, all utilities and parts used, which are other systems serving the responsibility of the Tenant(s), must be pre-approved in writing by the LandlordPremises. Landlord shall be maintain and repair the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective conditionBuilding structure, nor shall any defense or remedy be available to foundation, exterior walls, and roof, and the Tenant(sCommon Areas (including utilities and other systems serving the Property other than those located within a tenant's leased premises), where the defective condition complained cost of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) which shall be responsible for all broken glassincluded as an Operating Cost. Tenant(s) Tenant shall not paint, re-wallpaper, damage any demising wall or otherwise redecorate or make alterations to disturb the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part structural integrity of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit promptly repair any act damage or thing deemed hazardous injury done to any such demising walls or structural elements caused by Landlord due to potential risk of fire Tenant or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fireits employees, rainagents, windcontractors, or other cause beyond the control of the Landlord invitees. If Tenant fails to maintain or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint repair the Premises, moving furniture Landlord may enter the Premises and wall hangings perform such repair or maintenance on behalf of Tenant. In such case, Tenant shall be obligated to pay to Landlord immediately upon receipt of demand for payment, as additional Rent, all costs incurred by Landlord. Notwithstanding anything in this Section to the duty and expense contrary, Tenant shall not be responsible for any repairs to the Premises made necessary by the acts of Landlord or its agents, employees, contractors or invitees therein. Upon expiration of the Tenant(s). Tenant(s) understands there will be no rent reductionsLease term, adjustmentswhether by lapse of time or otherwise, Tenant shall promptly and peacefully surrender the Premises, together with all keys, to Landlord in as good condition as when received by Tenant from Landlord or other compensation due to repairs or interruptions of service except as provided by lawthereafter improved, reasonable wear and tear and insured casualty excepted.
Appears in 1 contract
Samples: Lease Agreement (Virage Logic Corp)
Repairs and Maintenance. It is the responsibility of the Tenant(s(a) Except with respect to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationRepairs (as defined below), cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the LandlordTenant, at the LandlordTenant’s expense, except those caused by negligence shall keep and maintain the Premises in good order and condition. As used in this Lease, “maintain” shall include without limitation promptly making all repairs and any 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 acts advising Landlord of Tenant(s), Tenant’s agentsdesire to have Landlord make such repairs, or inviteesin which case Tenant shall pay to Landlord for such repairs at Landlord’s then-standard rate. To the extent that Xxxxxx requests that Landlord make any other repairs that are Xxxxxx’s obligation to make under this Lease, which Landlord 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 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 such repair. All Tenant repairs shall be made comply with Laws and utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used in constructing the sole cost of Building and the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancyPremises. In addition, if Tenant shall maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, Premises Water Heaters, and/or Alterations in a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, clean and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; safe manner and in case proper operating condition throughout the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repairTerm. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of “Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.Supplemental
Appears in 1 contract
Samples: BlackSky Technology Inc.
Repairs and Maintenance. It is Landlord agrees, at its expense, to keep the responsibility foundations, sprinkler mains, structural systems and masonry walls of the Tenant(s) leased premises in good condition and repair, but Landlord shall not be liable to notify Tenant for any damage caused by the Landlord immediately same being or becoming out of any needed repair or unsafe condition existing around or until it has had reasonable opportunity to have same repaired after being notified in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction writing of the Landlord, at the Landlord’s expense, except those caused need of same by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall not be liable to Tenant for any damage to merchandise, trade fixtures, floor coverings, drywall, ceilings, lighting or personal property of Tenant in the sole judge as leased premises caused by water leakage from water lines, roof leaks, sanitary sewage, storm drain, sprinkler or cooled air equipment. Tenant agrees, at Tenant's expense, to what keep all other parts of the leased premises in good order and repair, and in a clean, sanitary and safe condition, including the replacement of equipment, fixtures and all plate glass, and to paint the interior and store front when necessary in order to maintain at all times a clean and sightly appearance. If Tenant refuses or neglects to make repairs are necessary. and/or maintain the leased premises or any part thereof in a manner reasonably satisfactory to Landlord, Landlord shall have no obligation the right, upon giving Tenant reasonable written notice of its election to repair any defective conditiondo so, nor shall any defense to make such repairs or remedy be available to perform such maintenance on behalf of and for the Tenant(s), where the defective condition complained account of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is givenIn such event, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent work shall be paid until the time for by Tenant as additional rental promptly upon receipt of such destruction and from thenceforth this Lease Agreement shall cease and come to an enda bill xxxrefor. In the event, the If any damage is caused by the act of the Tenant(s)any act, omissions, or someone in negligence of Tenant or on the Premises by reason of Tenant’s permission 's permittees, Tenant shall upon demand pay or consentcause its insurance carrier to pay, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawany necessary repairs.
Appears in 1 contract
Samples: Casa Ole Restaurants Inc
Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationTenant shall maintain, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or sidingrepair, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problemsreplace, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear (and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as so deliver at the end of tenancy. In addition, if a Tenant(sthe Lease) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, each and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become every part of the Demised Premises, including without limitation, all glass, doorways and doors, interior walls, interior ceilings, interior floors, plumbing, electrical, HYAC, and all equipment located within the Demised Premises, in first class repair and condition, and shall make at Tenant'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 tear only excepted. Equipment servicing the Demised Premises that is located outside the Demised Premises shall 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, however, shall make no exterior or structural alterations, other than as required pursuant to Tenant's obligations to make repairs and maintain the Owner’s property upon Demised Premises, without Landlord's prior written consent. ANY INTERIOR ALTERATION BY TENANT SHALL REQUIRE LANDLORD'S WRITTEN CONSENT, SUCH CONSENT NOT TO BE UNREASONABLY WITHHELD. In any case, all work performed by Tenant shall be done in a good and workmanlike manner, and so as not to disturb or inconvenience other Tenants in the Building. Tenant shall not at any time permit any work to be performed on the Demised Premises except by duly licensed contractors or artisans, each of whom must carry general public liability insurance, in such amounts as are reasonably directed by Landlord and under which Landlord is an additional insured, certificates of which shall be furnished Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord, and if requested by Landlord on termination of this the Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control vacation of the Landlord or the Demised Premises by Tenant, then Tenant shall restore at Tenant's sole expense the Demised Premises or surrounding areas shall be repaired within a reasonable time to the same condition as existed at the expense completion of the Landlord; work described in EXHIBIT X-X and in case the damage is so extensive as to render the Premises unfit for human habitationB-2 ordinary wear and tear only excepted. SUCH ELECTION WILL BE MADE BY LANDLORD AT THE TIME THAT TENANT REQUESTS PERMISSION TO MAKE AN ALTERATION. LANDLORD, the rent shall cease until such time as the Premises will be put in repair. In case of total destructionHOWEVER, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawMAY ELECT TO REQUIRE TENANT TO LEAVE ALTERATIONS PERFORMED BY TENANT.
Appears in 1 contract
Repairs and Maintenance. It is the responsibility of the Tenant(s(a) Except with respect to notify the Landlord immediately of any needed repair or unsafe condition existing around or in Repairs (as defined below), Tenant, at Tenant’s expense, shall keep and maintain the Premises in good order and condition including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All promptly making all repairs necessary to keep and maintain premises such in good order and condition. When used in this Lease, “repairs” shall be done by include repairs and any reasonably necessary replacements. Tenant shall have the option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or 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. To the extent that Tenant requests that Landlord make any other repairs that are Tenant’s obligation to make under the direction of the Landlordthis Lease, Landlord may elect to make such repairs on Tenant’s behalf, at the LandlordTenant’s expense, except those caused by negligence or acts and Tenant shall pay to Landlord such expense along with the Administrative Fee. If Tenant has been in default under this Lease, Landlord may elect to require that Tenant prepay the amount of Tenant(s), Tenant’s agents, or invitees, which such repair. All Tenant repairs shall be made comply with Laws and utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used in constructing the sole cost of Building and the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancyPremises. In addition, if Tenant shall maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, Premises Hot Water Heaters, and/or Alterations in a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, clean and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; safe manner and in case proper operating condition throughout the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repairTerm. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.“
Appears in 1 contract
Repairs and Maintenance. It is the responsibility Landlord will, at its own cost and expense, except as may be provided elsewhere herein, make necessary repairs of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unitBuilding corridors, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction lobby, structural members of the LandlordBuilding, at and equipment used to provide the Landlord’s expenseBuilding Standard services referred to in Item 8, except those unless any such damage is caused by negligence acts or acts omissions of Tenant(s)Tenant, Tenant’s agentsits agents customers, employees, principals, contractors, consultants, assigns, subtenants or invitees, in which repairs shall be made at event Tenant will bear the sole cost of the Tenant(s)such repairs. Such Tenant will allow no maintenance or repairs shall to be made done in, on, to conform to the original condition of or about the Premises at the time the Tenant(sother than by a licensed contractor (such term to include all degrees and levels of subcontractors) took possession. Although the approved by Landlord repairs normal wear and tear items, the adage “you broke it you pay in writing prior to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no any such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlordor repairs being undertaken. Landlord shall be entitled to require such contractor to be bonded and insured in such amounts and with such companies as Landlord may in its discretion prescribe. Tenant will not injure the sole judge Premises or the Building but will maintain the Premises in a clean, attractive, condition and in good repair, except as to what repairs are necessarydamage to be repaired by Landlord as provided above. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon Upon termination of this Lease Lease, Tenant will surrender and tenancydeliver the Premises to Landlord in the same condition in which they existed at the commencement of this Lease, excepting only ordinary wear and tear and damage arising from any cause not required to be repaired by Tenant, or Landlord approved alterations and improvements. Tenant(s) This Item 12 shall not permit any act apply in the case of damage or thing deemed hazardous destruction by fire or other casualty which is covered by insurance maintained by Landlord due to potential risk of fire or which will increase on the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive Building (as to render the Premises unfit for human habitation, the rent which Item 15 hereof shall cease until such time apply) or damage resulting from an Eminent Domain taking (as the Premises will be put in repair. In case of total destruction, the rent to which Item 17 hereof shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(sapply), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Repairs and Maintenance. It is the responsibility Except as specifically otherwise provided in subparagraphs (b) and (c) of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in this Article, Tenant, at its sole cost and expense, shall keep and maintain the Premises including but not limited to cracks in the foundationgood order and condition, cracks in plasterfree of rubbish, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All shall promptly make all non-structural repairs necessary to keep and maintain premises such good order and condition. Tenant shall be done 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 or under the direction of the LandlordTenant, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what make such repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired 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 expense market rate for such services). When used in this Article 11, 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”. Tenant shall not use or permit the use of any portion of the Premises for outdoor storage. 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 in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent repairs shall be paid until the time included as a portion of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawRecognized Expenses.
Appears in 1 contract
Samples: Cross Country Healthcare Inc
Repairs and Maintenance. It is Subtenant shall keep the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or Premises, and all alterations, improvements, and additions thereto, in the Premises including but condition the same is required to be kept by the Tenant under the Prime Lease. Subtenant shall not limited permit or commit any waste, and Subtenant shall be responsible for the cost of repairs which may be necessary by reason of damages to cracks common areas in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock Building or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those Premises caused by negligence Subtenant or acts of Tenant(s), TenantSubtenant’s agents, or invitees, which employees and contractors. It is understood that the Prime Landlord has certain obligations to make repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of Premises, as set forth in the Premises at the time the Tenant(s) took possessionPrime Lease. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord Sublandlord shall have no obligation or liability to repair Subtenant in the event that the Prime Landlord does not make such repairs, except that Sublandlord shall request that the Prime Landlord make any defective conditionsuch repairs and shall use commercially reasonable efforts to enforce any applicable provisions of the Prime Lease with respect to such repairs. If Prime Landlord fails to make the requested repairs within the time period for making the same set forth in the Prime Lease, nor Sublandlord shall, upon written request by Subtenant, exercise any right which it may have under the Prime Lease to make repairs on behalf of Prime Landlord and shall thereafter promptly complete such repairs and Subtenant shall indemnify and hold Sublandlord harmless from and against any defense or remedy be available to the Tenant(s)and all costs, expenses and liabilities arising out of such exercise of such right except where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction same arises out of the Tenant(s)negligence or willful misconduct of Sublandlord, its agents, employees or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawcontractors.
Appears in 1 contract
Repairs and Maintenance. It is Landlord will repair and maintain the responsibility structural components of the Tenant(s) Building, the basic Building core, the basic Building facilities systems which pass through the Premises and the Common Areas. Landlord will not be responsible for maintenance or repair of improvements made by or at the request of Tenant that are not Building Standard (which term, as used herein and herein so called, shall mean the level or type of service or equipment standard in the Building or the type, brand or quality of materials Landlord designates from time to notify time to be the Landlord immediately minimum or exclusive type, brand or quality to be used in the Building), it being hereby agreed that Tenant shall be solely responsible for the cost of maintenance or repair of any needed repair non-Building Standard improvements made by or unsafe at the request of Tenant. Tenant will, at Tenant's expense, take good care of and maintain the Premises in good order, condition existing around and repair, except as provided in the preceding sentence. Tenant will be liable for any damage to the Premises or to any other part of the Building which arises out of any act, omission, misuse or neglect of Tenant or any of Tenant's subtenant's, employees, agents, contractors or invitees or any other person entering upon the Premises. Tenant, at Tenant's expense, will be responsible for replacement of any and all light bulbs and fluorescent tubes in the Premises including but not limited to cracks other than the Building standard fluorescent tubes and ballasts, and Tenant shall additionally be responsible for promptly replacing all scratched, damaged or broken doors and glass in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of about the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paintrepairs, re-wallpaper, or otherwise redecorate or make alterations maintenance and replacement of wall and floor coverings in the Premises to the Premises without extent that the written consent of same are damaged beyond reasonable and customary wear and tear (except to the Landlord. If written consent is given, extent that such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act damage or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit need for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage repair is caused by the act act, omission, misuse or neglect of the Tenant(s)Landlord or any of Landlord's employees, agents, contractors or invitees and such damage or repair item is not covered by, or someone is not required hereunder to be covered by, insurance of Tenant or subject to the provisions of Section 9.5 hereof). Any repairs in or on to the Premises or the Building for which Tenant is responsible will, only after Landlord's receipt of written request therefor, be performed by reason of Landlord at Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and 's expense of the Tenant(s(including Landlord's supervision fee under Section 4.9 hereof). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Repairs and Maintenance. It is the responsibility of the Tenant(s(a) Except with respect to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationRepairs (as defined below), cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the LandlordTenant, at the LandlordTenant’s expense, except those caused by negligence shall keep and maintain the Premises in good order and condition. As used in this Lease, “maintain” shall include without limitation promptly making all repairs and any 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 acts advising Landlord of Tenant(s), Tenant’s agentsdesire to have Landlord make such repairs, or inviteesin which case Tenant shall pay to Landlord for such repairs at Landlord’s then-standard rate. To the extent that Tenaxx xxxuests that Landlord make any other repairs that are Tenaxx’x xbligation to make under this Lease, which Landlord 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 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 such repair. All Tenant repairs shall be made comply with Laws and utilize materials and equipment that are at least equal in quality, number, and usefulness to those originally used in constructing the sole cost of Building and the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancyPremises. In addition, if Tenant shall maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, Premises Water Heaters, and/or Alterations in a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, clean and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; safe manner and in case proper operating condition throughout the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repairTerm. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.“
Appears in 1 contract
Samples: BlackSky Technology Inc.
Repairs and Maintenance. It is (a) Except as otherwise provided elsewhere in this Lease, Tenant shall, at Tenant’s sole cost and expense, repair and maintain (i) the responsibility nonstructural portions of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including (including, but not limited to cracks in to, all fixtures, electrical lighting, ceilings and flooring coverings, windows, doors, plate glass, skylights, and interior walls within the foundation, cracks in plaster, moisture in walls Premises); : and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s(ii) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(sall Premises Systems (as defined below), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord Tenant shall be the sole judge as to what responsible for all repairs are necessarymade necessary by negligence or wrongful acts of Tenant or Tenant’s invitees. Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any defective conditiontelecommunications or computer cabling or wiring which is located in the Premises or which exclusively serves the Premises (collectively, nor “Cabling”). Tenant shall, at Tenant’s expense, contract with any reputable contractor to maintain the Cabling; provided, however, that Landlord may, at Landlord’s option and upon thirty (30) days’ written notice to Tenant, undertake the responsibility for the maintenance of some or all of the Cabling, in which event the cost of such maintenance may be included as an “Operating Expense.” 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 any defense or remedy be available repairs to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, Building or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Actmechanical, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paintelectrical or heating, re-wallpaper, ventilating or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part air conditioning systems of the Premises or the Building, unless such repairs are previously approved in writing by Landlord. Tenant waives the provisions of Sections 1931(1), 1941 and 1942 of the OwnerCalifornia Civil Code, and any similar or successor law regarding Tenant’s property upon termination right to make repairs and deduct expenses of such repairs from the Rent due under this Lease. For purposes of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitationLease, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.term “
Appears in 1 contract
Repairs and Maintenance. It is Tenant shall, at its own cost and expense, keep and maintain the responsibility of Property in good, clean, first class condition and repair and make all necessary repairs and replacements to the Tenant(s) to notify the Landlord immediately of any needed repair Property, whether structural or unsafe condition existing around or in the Premises including non-structural, including, but not limited to cracks in to, the roof, exterior, foundation, cracks in plasterstructural and operational parts, moisture in walls equipment, paving, parking lots and ceilinglandscaping (including mowing of grass and care of shrubs), buckling sheetrock or sidingpipes, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problemswater, which result in damage to the unitsewage and septic system, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction heating system, plumbing system, window glass and all fixtures and appurtenances and all other portions of the LandlordProperty used in connection with the Land and Improvements so that the Improvements are in at least substantially the same condition as when received by Tenant, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal reasonable wear and tear itemsand insured casualty excepted. If Tenant defaults in its obligation to make such repairs or replacements, which default continues after the adage “you broke it you pay to fix it” applies to expiration of any applicable notice and cure period provided herein, Landlord may, but shall not be required to, make such repairs and replacements for Tenant’s account, and the Tenant(s) actual expense thereof together with interest at the Default Rate thereon and it applies during tenancy an administrative fee of 15% of the cost thereof shall constitute and be collectible as well as Additional Rent. Tenant shall maintain at its sole cost and expense all portions of the Property in a clean and orderly condition, free of dirt, rubbish, snow, ice and unlawful obstructions. At least 14 days before the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination Term of this Lease Lease, Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that the HVAC, life safety, plumbing, electrical and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase mechanical systems in the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fireImprovements are then in good repair and working order, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; wear and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction tear and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawinsured casualty excepted.
Appears in 1 contract
Samples: Sublease Agreement (iBio, Inc.)
Repairs and Maintenance. It is the responsibility Landlord will, at its own cost and expense, except as may be provided elsewhere herein, make necessary repairs of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unitBuilding corridors, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction lobby, structural members of the LandlordBuilding, at and equipment used to provide the Landlord’s expenseBuilding Standard services referred to in Item 9, except those unless any such damage is caused by negligence acts or acts omissions of Tenant(s)Tenant, Tenant’s its agents, customers, employees, principals, contractors, consultants, assigns, subtenants or invitees, in which repairs shall be made at event Tenant will bear the sole cost of the Tenant(s)such repairs. Such Tenant will allow no maintenance or repairs shall to be made done in, on, to conform to the original condition of or about the Premises at the time the Tenant(sother than by a contractor (such term to include all degrees and levels of subcontractors) took possession. Although the approved by Landlord repairs normal wear and tear items, the adage “you broke it you pay in writing prior to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no any such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlordor repairs being undertaken; BUT SEE THE SECOND PARAGRAPH OF THIS ITEM 13. Landlord shall be entitled to require such contractor to be bonded and insured in such amounts and with such companies as Landlord may in its discretion prescribe. Tenant will not injure the sole judge Premises or the Building but will maintain the Premises in a clean, attractive condition and in good repair, except as to what repairs are necessarydamage to be repaired by Landlord as provided above. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon Upon termination of this Lease Lease, Tenant will surrender and tenancydeliver the Premises to Landlord in the same condition in which they existed at the commencement of this Lease, excepting only ordinary wear and tear and damage arising from any cause not required to be repaired by Tenant. Tenant(s) This Item 13 shall not permit any act apply in the case of damage or thing deemed hazardous destruction by fire or other casualty which is covered by insurance maintained by Landlord due to potential risk of fire or which will increase on the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive Building (as to render the Premises unfit for human habitation, the rent which Item 16 hereof shall cease until such time apply) or damage resulting from an Eminent Domain taking (as the Premises will be put in repair. In case of total destruction, the rent to which Item 18 hereof shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(sapply), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Samples: Lease Agreement (Cimetrix Inc)
Repairs and Maintenance. It is The Lessee hereby agrees to maintain the responsibility Residence and the furniture contained herein in good order, good condition and clean during the duration of the Tenant(s) to notify FLA. The Lessee undertakes that on the Landlord immediately termination of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in FLA, it will redeliver the foundation, cracks in plaster, moisture in walls Residence and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage the furniture contained herein to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original Lessor in good condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal with only fair wear and tear itemsexcepted. The Residence and the furniture contained herein also refers to doors, windows, taps, basins, shower accessories, electric sockets, light fittings, smoke detectors, fire equipment, curtains, drains, sewerage and the adage “you broke it you pay to fix it” applies keeping of all sewerage and drains unblocked. The Lessor may, on behalf of the Lessee, incur expenses necessary for the repair and maintenance of any items mentioned above, and any amounts spent shall be payable by the Lessee to the Tenant(s) and it applies during tenancy as well as at the end of tenancyLessor on demand. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) The Lessee shall be responsible for all broken glassthe replacement of furniture and fittings as per the cost reflected in the Repairs Cost List. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to These amounts may be deducted from the Premises without Deposit as and when the written consent of Lessor sees fit. Should the Landlord. If written consent is given, such alterations shall be at amount exceed the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the TenantDeposit, then the Premises or surrounding areas shall be repaired within Lessee will have to make alternative payment arrangements with the Lessor, else this could result in a reasonable time at the expense material breach of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repairFLA. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) The Lessee shall be liable for any damages done to the Residence by him or herself and as a result of any act or omission on the part of the Lessee’s visitors, invitees or guests. Non-compliance to Repairs and Maintenance can result to a material breach of the FLA. The Lessor will maintain all costs walls, roof, lift and other structural parts of repairthe Residence. Should Landlord notify Tenant(s) The Lessor shall not be responsible for any loss or damage which the Lessee has sustained as a result of intent to cleanthe walls, replace carpets roof, lift and other structural parts of the Residence being or paint becoming defective nor as a result of any act or omission on the Premisespart of the Lessor or its agent. The Lessee shall not drive any nails or screws into the walls or ceilings of the Residence. If the Residence be destroyed by fire or through any other cause in a manner that it is untenantable, moving furniture and wall hangings then the FLA shall be terminated. The Lessee undertakes in no manner whatsoever to interfere with the duty electrical installations, electrical boards and expense fire equipment on the Residence without the prior consent of the Tenant(s)Lessor. Tenant(s) understands there will be no rent reductionsThe Lessee shall not affix any devices, adjustments, appliances or heaters other compensation due than those designed for the use of the electric current supplied to repairs or interruptions of service except the Residence and as provided by lawper the House Rules.
Appears in 1 contract
Samples: Fixed Lease Agreement
Repairs and Maintenance. It is the responsibility of the Tenant(s(a) Except with respect to notify the Landlord immediately of any needed repair or unsafe condition existing around or in Repairs (as defined below), Tenant, at Tenant’s expense, shall keep and maintain the Premises in good order and condition including but not limited promptly making all repairs necessary to cracks keep and maintain such in good order and condition. When used in this Lease, “repairs” shall include repairs and any reasonably necessary replacements. Tenant shall have the foundationoption of replacing lights, cracks ballasts, tubes, ceiling tiles, outlets and similar equipment itself or advising Landlord of Tenant’s desire to have Landlord make such repairs, in plasterwhich case Tenant shall pay to Landlord for such repairs at Landlord’s then-standard rate. To the extent that Tenant requests that Landlord make any other repairs that are Tenant’s obligation to make under this Lease, moisture in walls Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and ceiling, buckling sheetrock or siding, or any leaksTenant shall pay to Landlord such expense along with the Administrative Fee. If Xxxxxx(s) fails Tenant shall have committed a monetary Event of Default under this Lease, Landlord may elect to immediately notify Landlord require that Tenant prepay the amount of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damagesuch repair. All repairs necessary made by Landlord or Tenant shall utilize materials and equipment that are at least equal in quality, number, and usefulness to maintain premises shall be done by or under those originally used in constructing the direction of Building and the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancyPremises. In addition, if Tenant shall maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, Premises Hot Water Heaters, and/or Alterations in a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, clean and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; safe manner and in case proper operating condition throughout the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repairTerm. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.“
Appears in 1 contract
Samples: Spark Therapeutics, Inc.
Repairs and Maintenance. It is Except repairs, replacements or maintenance necessitated in any manner by the responsibility negligent or intentional acts or omissions of Lessee or its agents, Lessor shall maintain the roof, outside of the Tenant(s) exterior walls, and foundations, at Lessor’s sole cost and expense. Except repairs, replacements or maintenance necessitated in any manner by the negligent or intentional acts or omissions of Lessee or its agents, Lessor shall maintain, subject to notify reimbursement as part of CAM, the Landlord immediately parking areas and walkways, plumbing and electrical systems, and area landscaping in good condition and repair. Lessee shall maintain the balance of any needed repair or unsafe condition existing around or in the Premises including and appurtenances, including, but not limited to cracks to, heating and air conditioning units, in good condition and repair at its expense. Lessor represents and warrants that, as of the foundationCommencement Date, cracks in plasterthe HVAC system, moisture in roof structure, fire sprinkler system, and structural integrity of the walls and ceiling, buckling sheetrock or siding, or any leaksfoundation are in good condition and working order. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to Lessee agrees that on the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction last day of the Landlord, at the Landlord’s expense, except those caused by negligence Term or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost sooner termination of the Tenant(s). Such repairs shall be made Lease, it will surrender the Premises to conform to the original Lessor in as good condition as they are as of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal Commencement Date, ordinary wear and tear itemsexcepted and damage by fire, act of God or by the adage “you broke it you pay to fix it” applies elements of other casualty excepted to the Tenant(s) extent such Lessor is reimbursed by insurance for such loss. If Lessee shall fail to keep the Premises properly repaired, Lessor may do so (but is not obligated), and it applies during tenancy the cost of such repair shall be paid by Lessee with the next installment of and as well as at the end of tenancyRent due hereunder. In additionLessor shall cooperate reasonably with Lessee to utilize all manufacturers’ and construction warranties, if any, related to Lessor’s Work. When Lessor has an obligation to repair, Lessor shall repair such item(s) or area(s) within a Tenant(s) calls for maintenance for commercially reasonable amount of time after receipt of written notice from Lessee, unless due to the nature of such repair, more than thirty days are needed to repair in which no case Lessor shall begin such maintenance is needed (false call)repair within thirty days and diligently pursue such repair to completion. Notwithstanding anything to the contrary in the Lease, Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord Lessor shall have no obligation to repair perform any defective condition, nor shall any defense work on or remedy be available to about the Tenant(s), where the defective condition complained of was caused Business Park or Premises other than that for which Lessor is obligated by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or that which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawspecifically set forth herein.
Appears in 1 contract
Samples: Lease (Lumenis LTD)
Repairs and Maintenance. It is 10.01 Tenant shall, at all times during the responsibility Term, at its sole cost and expense, maintain the Demised Premises in good first class order and shall provide all cleaning and janitorial service to the Demised Premises, including among other things the cleaning of exterior windows, necessary to maintain the Tenant(s) same in such first class order. Tenant, at Tenant’s sole cost and expense, shall make all necessary repairs to notify the Landlord immediately Demised Premises, of any needed repair or unsafe condition existing around or in the Premises whatever nature other than structural repairs referred to below, including but not limited to cracks in the foundationinterior and exterior, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy extraordinary as well as at ordinary, foreseen or unforeseen, and will keep all improvements and the end of tenancyfixtures, machinery and equipment located in or on the Demised Premises, or servicing the same and every part thereof in good first class order and repair. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will Tenant shall be charged solely responsible for the service call. Any repairsmaintenance, including laborrepair and/or replacement of any computer, materialcommunications, plumbing fixtures, heating, ventilating and parts usedair conditioning units and similar equipment installed by Tenant or at its request, which are whether or not located in the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessaryDemised Premises. Landlord shall have no obligation duty whatsoever to repair make any defective condition, nor shall any defense or remedy be available repairs to the Tenant(s)Demised Premises, where or to the defective condition complained fixtures, machinery and equipment located thereon or serving the same, during the Term of was caused this Lease or any Option Term thereof. Landlord shall make structural repairs to the Building and the Demised Premises which in its reasonable judgement are necessary, and the same shall be added to Landlord’s Costs of Operation. If any part of the Demised Premises shall be damaged solely by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent negligence of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act its agents or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenantemployees, then the Premises or surrounding areas Landlord shall be repaired within a reasonable time repair such damage at the expense of the Landlord; its sole cost and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawexpense.
Appears in 1 contract
Samples: Sublease (Radiation Therapy Services Holdings, Inc.)
Repairs and Maintenance. It is (a) Landlord shall maintain in good order and condition and make repairs to the responsibility roof, foundation, Septic System, parking and common areas of the Tenant(sBuilding and the Land, subgrade sewer and plumbing lines serving the Building and the structural soundness of exterior walls of the Building (excluding windows, window glass, plate glass and doors). This Lease is intended to be a net lease; accordingly, Landlord’s costs of maintaining the items set forth in this Section 10(a) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved included in writing by the LandlordOperating Expenses. Landlord shall not be required to make any improvements, replacements or repairs of any kind or character to the sole judge Premises or the Building during the Lease Term except as to what repairs are necessaryset forth in this Section 10(a). Landlord shall have no obligation not be liable to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s familyexcept as expressly provided in this Lease, inviteefor any damage or inconvenience, licensee, or other person acting under the control or direction of the Tenant(s), or where the and Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paintbe entitled to any abatement or reduction of rent, re-wallpaper, by reason of any repairs or otherwise redecorate or additions made by Landlord under this Lease. Tenant hereby waives all rights to make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be repairs at the expense of the Tenant(s) and Landlord as provided by any law, statute or ordinance now or hereafter in effect. Tenant shall become part at once report in writing to Landlord any defective condition known to it which Landlord may be required to repair. Xxxxxxxx agrees, after receipt of written notice, to use commercially reasonable efforts to enforce all warranties that may apply to all portions of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawBuilding.
Appears in 1 contract
Repairs and Maintenance. It is Tenant shall, at its own cost and expense, keep in good repair and condition the responsibility interior and exterior of the Tenant(s) Leased Premises. Tenant's obligation shall extend to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises entire Leased Premises, including but not limited to cracks the roof, exterior walls, gutters, glass, heating, ventilation and air conditioning systems, plumbing, pipes, fixtures and other equipment, except that Landlord shall correct any latent defects due to faulty construction which may exist at the time Tenant takes possession of the leased Premises. Tenant also agrees to maintain at its sole expense all grounds, landscaping, and parking areas. Unless otherwise agreed by Landlord and Tenant, all grounds, landscaping, and parking area maintenance and repair shall be performed by Landlord and Tenant shall be billed for its pro rata share of such expense. If either Landlord or Tenant fails to perform any duty described above, the other may give notice of such failure. If the duty is not performed by the responsible party within thirty days after notice (or within a reasonable shorter period in the foundationcase of emergency), cracks the other party may perform the repair or maintenance work and charge the responsible party for any expense incurred. The responsible party promptly shall pay the expense incurred. Landlord and landlord's agents and representatives shall have the right to enter and inspect the demised premises at any time during reasonable business hours, for the purpose of ascertaining the condition of the demised premises or in plaster, moisture in walls and ceiling, buckling sheetrock order to make such repairs as may be required to be made by Tenant or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction terms of this Lease. At the termination of this Lease, Tenant shall deliver up the leased premises with all improvements located thereon, except as provided in Paragraph Eight hereof, in good repair and condition, and will deliver all keys thereto at the office of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Samples: Lease Agreement (Spectranetics Corp)
Repairs and Maintenance. It is the responsibility 15.01 Tenant shall take good care of the Tenant(sDemised Premises. Tenant, at its expense, shall promptly pay the cost of 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 (i) to notify the Landlord immediately performance or existence of any needed repair Tenant’s Work or unsafe condition existing around 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 a destruction of all or any part of the Demised Premises including but not limited due to cracks a cause referred to in Article 22 of this lease, Landlord’s neglect or other fault in the foundationmanner of performing any of Tenant’s Work, cracks in plasterAdditional 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, moisture in walls and ceilingagents or contractors. Except if required by the neglect or other fault of Landlord or its employees, buckling sheetrock agents or sidingcontractors, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the LandlordTenant, at the Landlord’s its expense, except those caused by negligence shall replace or acts of Tenant(s)repair all scratched, Tenant’s agents, damaged or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, broken doors or other person acting under interior glass in or about the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Demised Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) and shall be responsible for all broken glassrepairs, maintenance and replacement of wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. Tenant(s) All repairs, except for emergency repairs, made by Tenant as provided herein shall not paint, re-wallpaperbe performed by Landlord’s Building personnel, or otherwise redecorate contractors or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous subcontractors approved in writing by Landlord due prior to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time commencement of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the eventrepairs, the damage is caused by the act of the Tenant(s)which approval may be withheld for any or no reason, or someone in or on the Premises by reason of Tenantat Landlord’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawsole discretion.
Appears in 1 contract
Samples: Lease (Hearst Argyle Television Inc)
Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at At the sole cost and expense of Tenant and throughout the Tenant(s). Such repairs terms hereof, Tenant shall be made to conform to keep and maintain the original Leased Premises in good order, condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear itemsrepair, the adage “you broke it you pay to fix it” applies to the Tenant(s) in a clean, sanitary and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective safe condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-laws of the State in 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 xxxxxxmental agencies having jurisdiction over the Leased Premises. Without limiting the foregoing, Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for maintenance, repair and replacement as needed of all broken glasselectrical, 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(s) Tenant shall not paintkeep and maintain the Leased Premises in accordance with all requirements of law concerning the manner, re-wallpaperusage and condition of the Leased Premises and appurtenances thereto, as the same shall be in effect from time to time. Tenant shall permit no waste, damage or otherwise redecorate or make alterations injury to the Premises without the written consent of the LandlordLeased Premises. If written consent is givenat any time and from time to time during the term hereof Tenant shall fail to make any maintenance, such alterations 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 Tenant, and all sums so expended by Landlord shall be at the expense of the Tenant(s) deemed to be additional rent hereunder and shall become part of the Premises and the Owner’s property payable to Landlord upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawdemand.
Appears in 1 contract
Repairs and Maintenance. It is Unless otherwise expressly provided, Lessor shall not be required to make any improvements, replacements or repairs of any kind or character to the responsibility Leased Premises during the term of this Lease, except repairs to walls, doors, corridors, windows and other structures and equipment within and serving the Leased Premises, and additional maintenance as may be necessary because of damage by persons other than Lessee, its agents, employees, invitees, licensees or visitors, and as may be necessary because of damage by persons other than Lessee, its agents, employees, invitees, licensees or visitors, and as may be necessary solely because of the Tenant(s) to notify the Landlord immediately negligence of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or inviteesLessor, which repairs shall be made by Lessor at the sole cost its expense beginning not more than fifteen days after written notice by Lessee. Lessor shall not be liable to Lessee, except as expressly provided in this Lease, for any damage or inconvenience, and Lessee shall not be entitled to any abatement or reduction of the Tenant(s). Such repairs shall be made to conform to the original condition Rent, b reason of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any any repairs, including labor, material, and parts used, which alterations or additions made by Lessor under this Lease. Subject to 30 days prior written notice notifying Lessor of specific repairs that are the responsibility of the Tenant(sLessor as defined in this Paragraph 12(a), must be pre-approved in writing by the Landlord. Landlord and allowing Lessor reasonable time to make said repairs, Lessee shall be the sole judge as entitled to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense a prorated per day and prorated per square foot abatement or remedy be available to the Tenant(s), where the defective condition complained reduction of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises rent for purposes of the repair. Before exercising any of the remedies in accordance with days following the Landlord-Tenant Actnotice period for that specific effected area of this Lease, Tenant(s) b reason of any unreasonable failure by Lessor to make said repairs. All requests for repairs or maintenance that are the responsibility of Lessor pursuant to any provision of this Lease must be current made in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations writing to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be Lessor at the expense of the Tenant(s) address set forth below. CARE OF LEASED PREMISES: Lessee shall, at its own cost and shall become expense, repair or replace any damages or injury to all or any part of the Leased Premises caused by Lessee or Lessee's agents, employees, invitees, licensees or visitors; provided, however, if Lessee fails to make the repairs or replacements promptly, Lessor may, at its option, make the repairs or replacements and Lessee shall reimburse the Owner’s property cost to Lessor on demand. Lessee shall not allow any damage to be committed on any portion of the Leased Premises, and upon expiration or termination of this Lease and tenancy. Tenant(s) Lease, by lapse of time or otherwise, Lessee shall not permit any act or thing deemed hazardous by Landlord due deliver the Leased Premises to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time Lessor in as good condition as at the expense date of the Landlord; first possession of Lessee, ordinary wear and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repairtear excepted. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty The cost and expense of any repairs necessary to restore the Tenant(s)condition of the Leased Premises shall be borne by Lessee, and if Lessor undertakes to restore the Leased Premises, Lessee shall reimburse Lessor for the costs thereof. Tenant(s) understands there COMPLIANCE WITH LAWS, RULES AND REGULATIONS: Lessee shall comply with all 116 laws, ordinances, orders, rules and regulations of state, federal, municipal or other agencies or bodies having jurisdiction relating to the use, condition and occupancy of the Leased Premises. Lessee will comply with the rules of the Building adopted by Lessor which are set forth on Exhibit "B" attached to this Lease. Lessor shall have the right at all times to change the rules and regulations of the Building or to amend them in any reasonable manner as may be deemed advisable for the safety, care and cleanliness, and for the preservation of good order, of the Leased Premises. All changes and amendments in the rules and regulations of the Building will be no rent reductions, adjustments, or other compensation due sent by Lessor to repairs or interruptions of service except as provided Lessee in writing and shall thereafter be carried out and observed by lawLessee.
Appears in 1 contract
Samples: Lease Agreement (Tatonka Energy Inc)
Repairs and Maintenance. It is 14.01. Landlord shall at its expense, maintain the responsibility of the Tenant(s) to notify the Landlord immediately of any needed Building in good repair or unsafe condition existing around or in the Premises and condition, including but not limited to cracks in the maintenance and repair of the roof, foundation, cracks air conditioning, heating, plumbing and electrical systems and structural components. Tenant will not in plasterany manner deface or injure the Building, moisture in walls and ceiling, buckling sheetrock will pay the cost of repairing any damage or siding, injury done to the Building or any leakspart thereof by Tenant or Tenant’s agents, employees or invitees. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises Tenant shall be done by or under the direction take good care of the LandlordPremises and keep the Premises free from waste and nuisance of any kind. Tenant shall keep the Premises, at the Landlord’s expenseincluding all fixtures installed by Tenant and any plate glass and special store fronts, in good condition, reasonable wear and tear and damage caused by casualty excepted, and make all necessary non-structural repairs except those caused by negligence fire, casualty or acts of Tenant(s), TenantGod covered by Landlord’s agents, or invitees, which fire insurance policy covering the Building. The performance by Tenant of its obligations to maintain and make repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear conducted only by contractors and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-subcontractors approved in writing by the Landlord. Landlord (which approval shall not be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective conditionunreasonably withheld, nor shall any defense conditioned, or remedy be available to the Tenant(sdelayed), where it being understood that Tenant shall procure and maintain and shall cause contractors and subcontractors engaged by or on behalf of Tenant to procure and maintain insurance coverage against such risks, and in such amounts as Landlord may reasonable require and with such companies as landlord may reasonably approve, in connection with any such maintenance and repair. If Tenant fails to make such repairs or take steps to have such condition corrected after the defective condition complained occurrence of was caused by the damage or injury, Landlord may at its option make such repair, and Tenant, Xxxxxx’s familyshall within thirty (30) days of request therefor, invitee, licensee, pay Landlord for the cost thereof. At the end or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) Lease, Tenant shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case deliver up the Premises or surrounding areas shall be damaged by firewith all improvements located thereon (except as otherwise herein provided) in good repair and condition, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; wear and in case the tear and damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s)casualty excepted, or someone in or on the Premises by reason of Tenant’s permission or consent, there and shall be no reduction of rent and Tenant(s) shall be liable for deliver to Landlord all costs of repair. Should Landlord notify Tenant(s) of intent keys to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Repairs and Maintenance. It is Agent will make necessary repairs with commercially reasonable promptness after receipt of written notice from Xxxxxx. Agent shall maintain, and/or repair/replace the responsibility plumbing, heating, cooling, electrical systems, and the exterior walls and roof of the Tenant(s) to notify Property. Tenant shall be obligated for the Landlord immediately costs of any needed repair such repairs, replacements, and related services if the need for such repairs, replacements, and related services results from the negligence or unsafe condition existing around or in misuse by Tenant, other residents of the Premises including but not limited to cracks in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or sidingProperty, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or servants, employees, invitees, or family members. Xxxxxx agrees to promptly notify Agent of any condition which repairs shall be made at is the sole cost obligation of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation Agent to repair any defective conditionor replace. Except as provided above, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glassother repairs and replacements to the Property. Tenant(s) shall not Any damage to the wallpaper, paint, re-wallpaperwalls, floors, carpeting, doors, windows, window treatments, light fixtures, appliances, or otherwise redecorate or make alterations other improvements to the Premises without the written consent Property (to include burst water pipes due to freezing caused by neglect or carelessness of the LandlordTenant, his family, or any of his guests), in excess of ordinary wear and tear, shall be promptly repaired or replaced by tenant, at Tenant’s sole expense, so as to restore the Property to the same condition as existed prior to the commencement of the Term. If written consent is givenTenant shall fail to make any such repair or replacement, Agent, in Agent’s sole discretion, may make such alterations repair or replacement, in which event, the cost of such repair or replacement shall be at the expense of the Tenant(s) added to and shall become deemed a part of the Premises rent and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged payable by fireTenant to Agent on demand. Agent shall have the same remedies for the collection of such costs as Agent has for the non-payment of rent under this Lease. Any damage to window glass or entry doors is the sole responsibility of the Tenant. Tenant shall furnish the HVAC system filters, rainbatteries, windtrash cans, janitorial services, electric light bulbs, fuses, or any other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and services not specifically listed as supplied in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement at Tenant’s expense. As of the date of this Agreement, Agent warrants that the Property sewage drains are in good working order and that they will accept the normal household waste for which they were designed. They will not accept items such as paper diapers, toys, sanitary napkins, tampon applicators, balls of hair, grease, table scraps (if no garbage disposal), clothing, rags, sand, dirt, newspapers, or similar items. Xxxxxx agrees to pay all expenses associated with clearing all drains of any and all stoppages except those that the plumber, who is called to clear the stoppage, will attest to in writing were caused by defective plumbing, tree roots, or act of God. Upon the failure of the Tenant to make any such repair, Agent, in Agent’s discretion, may make such repair and the cost of such repair shall cease e added to and come deemed a part of the rental sum, and shall be payable, on demand, by Tenant to an endAgent. In The Agent shall have the eventsame remedies for the collection of such costs as Agent has for non- payment of rent. Any such repairs made by Agent will be billed at market rates plus the cost of any materials. When a maintenance request is made, the damage is caused by request will serve as notice to the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there Tenant that a maintenance technician will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawentering the property in reasonable time.
Appears in 1 contract
Repairs and Maintenance. It is 15.01 Tenant shall maintain the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or Demised Premises (including Tenant’s equipment, personal property and trade fixtures located in the Premises including but not limited to cracks Demised Premises) in the foundation, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original their condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal they were delivered to Tenant, reasonable wear and tear itemsexcluded. Tenant shall, the adage “you broke it you pay to fix it” applies at Tenant’s sole cost and expense, make all interior repairs to the Tenant(s) Demised Premises as and it applies during tenancy as well as when needed to preserve the Demised Premises in good condition and working order, damage from casualty excepted. Tenant, at the end of tenancy. In additionits expense, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any shall promptly make all repairs, including laborordinary or extraordinary, materialinterior or exterior, structural or otherwise, in and parts usedabout the Demised Premises and the Building, which are as shall be required by reason of (i) the responsibility 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 Tenant(s)Building, must or (iv) the negligence or willful act of Tenant or any of its employees, agents or contractors; but Tenant shall not be pre-approved responsible for any of such repairs as are required by reason of Landlord’s negligence or other fault in writing 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 negligence or other fault of Landlord or its employees, agents or contractors. Except if required by the Landlord. negligence or other fault of Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective conditionor its employees, nor shall any defense agents or remedy be available to the Tenant(s)contractors, where the defective condition complained of was caused by the Tenant, Xxxxxx’s familyat its expense, inviteeshall replace all scratched, licensee, damaged or other person acting under glass in or about the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Demised Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) and shall be responsible for all broken glassrepairs, maintenance and replacement of interior doors and wall and floor coverings in the Demised Premises and, for the repair and maintenance of all lighting fixtures therein. Tenant(s) 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 paint, re-wallpaper, be unreasonably withheld or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawdelayed.
Appears in 1 contract
Samples: Lease (Boomerang Systems, Inc.)
Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or Except as expressly provided in the Premises including but not limited to cracks in the foundationthis Section 10, cracks in plasterTenant shall be solely responsible, moisture in walls at Tenant's cost and ceilingexpense, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage for all maintenance relating to the unitPremises. Maintenance shall include cleaning, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlordjanitorial work, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear lamp replacement and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlordtrash removal. Landlord shall be responsible for maintenance, repair and replacements of all structural elements of the sole judge as building including all system repairs to what the Premises, and all maintenance and system repairs are necessaryto the common areas within the Building, provided that the damage was not caused by an act or omission of the Tenant. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall also be responsible for all broken glasssnow removal and landscaping. Tenant(sIn the event that Landlord fails to satisfy its repair and maintenance obligations arising under this Section 10, and such failure continues for a period of thirty (30) days following notice to Landlord, Tenant may, at its own expense, complete the repairs and maintenance identified in its notice to Landlord. Alterations. Tenant shall not paint, re-wallpaper, or otherwise redecorate or make no alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations Tenant shall be responsible for obtaining and complying with all required permits and governmental approvals necessary for any alteration or improvement approved by Landlord. To the extent that Tenant requires any amendment to an existing permit obtained by Landlord, Landlord agrees to provide reasonable cooperation to Tenant (at Tenant's expense) in obtaining such amendment. Tenant covenants and agrees that, unless otherwise agreed in writing, all improvements, alterations, or other work once begun will be paid for by Tenant, free and clear of liens or encumbrances against the expense of Premises, and will be performed in all respects in accordance with law, including applicable building codes. Non-Smoking Building. The Building is a non-smoking building. Signs. Tenant shall not erect or place signs on the Tenant(s) and shall become part outside of the Premises and or the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or Building in which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas are located without first obtaining Landlord's written permission and appropriate municipal permits. Landlord shall provide a location and format for directory signs for occupants of the Building, including Tenant, which shall be damaged used by fireTenant for signage. Trash. Tenant shall provide for and pay for its own trash removal from the Premises, rainand shall ensure that trash is removed from the Premises regularly so as not to cause nuisance or interfere with the use of adjoining properties, windincluding other portions of the building in which the Premises are located, by Landlord, adjoining property owners, or other cause beyond tenants. Notwithstanding the control of the foregoing, Landlord or the shall provide an outside dumpster for nonexclusive use by Tenant, then provided however, that Tenant shall not place more than twelve (12) bags of garbage per week in said the dumpster. Noise/Nuisance. Tenant shall not cause or allow to be caused excessive noise, disturbance, interference, or nuisance in or about the Premises including, but not limited to, any actions which cause disturbance or surrounding areas shall be repaired within create a reasonable time at nuisance to adjoining property owners or tenants. Parking. The Building is provided with adequate parking. Tenant may use available parking for the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, Building but there shall be no reduction exclusive parking spaces designated for Tenant. Loading Door. Tenant shall have the non-exclusive right to use the loading door located at the rear center portion of rent the Building. Surrender/Holdover. Tenant, on the expiration or sooner termination of this Lease, shall quit and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint surrender the Premises, moving furniture leaving the Premises in good condition and wall hangings repair, as received, normal wear and tear excepted. If Tenant remains in possession of the Premises without agreement in writing after the expiration of the Term, Tenant shall be deemed to be occupying the duty and expense Premises as a tenant from month to month, with monthly rent equal to 150% of the Tenant(s). Tenant(s) understands there will be no monthly rent reductionspayment for the last full month of the Term and subject to all the other conditions, adjustments, or other compensation due provisions and obligations of this Lease insofar as the same are applicable to repairs or interruptions of service except as provided by lawa month to month tenancy.
Appears in 1 contract
Samples: Lease Agreement (Green Mountain Coffee Roasters Inc)
Repairs and Maintenance. It is the responsibility By taking possession of the Tenant(s) Premises, Tenant shall be deemed to notify have accepted the Premises as being in good sanitary order, condition and repair. Tenant shall at Tenant's cost keep the premises and every part thereof in good condition and repair except for damages from causes beyond the control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationgood condition, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal ordinary wear and tear items, and damage from causes beyond the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility reasonable control of the Tenant(s)Tenant excepted. Unless specifically provided in an addendum to this Lease, must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the premises or the building except as specifically herein set forth. Notwithstanding the above provisions, Landlord shall repair and maintain the structural portions of the building, including the exterior walls and roof of the building, the standard plumbing, air conditioning, heating and electrical systems furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or mission of any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused duty by the Tenant, Xxxxxx’s familyits agents, inviteeemployees or invitees, licensee, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Tenant shall give Landlord written notice of any required repairs or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the maintenance. Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, be liable for any failure to repair or otherwise redecorate to perform any maintenance unless such failure shall persist for an unreasonable time after written notice. Any repairs or make alterations maintenance to supplemental cooling equipment required for Tenant's special needs are the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason responsibility of Tenant’s permission or consent. Except as specifically herein set forth, there shall be no reduction abatement of rent and Tenant(s) shall be liable for all costs no liability of repair. Should Landlord notify Tenant(s) by reason of intent any injury to cleanor interference with Tenant's business arising from the making of any repairs, replace carpets alterations or paint the Premises, moving furniture and wall hangings shall be the duty and expense improvements to any portion of the Tenant(s)building or the Premises or to fixtures, appurtenances and equipment therein. Tenant(s) understands there will be no rent reductionsTenant waives the right to make repairs at Landlord's expense under any law, adjustments, statute or other compensation due to repairs ordinance now or interruptions of service except as provided by lawhereafter in effect.
Appears in 1 contract
Samples: Lease Agreement (Verisity LTD)
Repairs and Maintenance. It is the responsibility 14.1 Tenant shall take good care of the Tenant(sDamaged Premises. Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise in and about the Damaged Premises and the Building, as shall be required by reason of (i) to notify the performance of Tenant's Changes, if Landlord immediately or its affiliate does not perform the Tenant's Changes; (ii) the installation, use or operation of any needed repair or unsafe condition existing around or Tenant's Property in the Damaged Premises including 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 limited to cracks 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 foundationmanner 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, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s)contractors. Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, Except if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing required by the Landlord. neglect or other fault of Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective conditionor its employees, nor shall any defense agents, or remedy be available to the Tenant(s)contractors, where the defective condition complained of was caused by the Tenant, Xxxxxx’s familyat its expense, inviteeshall replace all scratched, licensee, damaged or broken doors or other person acting under glass in or about the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Damaged Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) and shall be responsible for all broken glassrepairs, maintenance, and replacement of wall and floor coverings in the Damaged Premises except for ordinary wear and tear. Tenant(s) Landlord shall not paint, rebe responsible for the repair and maintenance of all non-wallpaper, or otherwise redecorate or make alterations conforming ballasts existing prior to the Premises without commencement of Tenant's Work which ballasts remain as fixtures in the written consent of the LandlordDamaged Premises. If written consent is given, such alterations Tenant shall be at responsible for the expense repair and maintenance of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or all other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by lawballasts.
Appears in 1 contract
Samples: Lease Agreement (Paradyne Corp)
Repairs and Maintenance. It is Tenant shall, at its own expense, keep in good repair and condition the responsibility interior and exterior of the Tenant(s) Lease Premises. Tenant's obligation shall extend to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises entire Leased Premises, including but not limited to cracks the roof, exterior walls, gutters, glass, heating, ventilation and air conditioning systems, plumbing, pipes, fixtures and other equipment, except that Landlord shall correct any latent defects due to faulty construction which may exist at the time Tenant takes possession of the Leased Premises. Tenant also agrees to maintain at its sole expense all grounds, landscaping and parking areas. Unless otherwise agreed by Landlord and Tenant, all grounds, landscaping and parking area maintenance and repair shall be performed by Landlord and Tenant shall be billed for its pro rata share of such expense. If either Landlord or Tenant fails to perform any duty described above, the other may give notices of such failure. If the duty is not permitted by the responsible party within thirty days after notice (or within a reasonable shorter period in the foundationcase of emergency), cracks the other party may perform the repair or maintenance work and charge the responsible party for any expense incurred. The responsible party shall pay the expense incurred. Landlord and landlord's agents and representatives shall have the right to enter and inspect the demised premises at any time during reasonable business hours, for the purpose of ascertaining the condition of the demised premises or in plaster, moisture in walls and ceiling, buckling sheetrock order to make such repairs as may be required to be made by Tenant or siding, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problems, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction terms of this Lease. At the termination of this Lease, Tenant shall deliver up the leased premises with all improvements located thereon in good repair and condition and will deliver all keys therefore at the office of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as at the end of tenancy. In addition, if a Tenant(s) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become part of the Premises and the Owner’s property upon termination of this Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control of the Landlord or the Tenant, then the Premises or surrounding areas shall be repaired within a reasonable time at the expense of the Landlord; and in case the damage is so extensive as to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come to an end. In the event, the damage is caused by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Samples: Lease Agreement (Spectranetics Corp)
Repairs and Maintenance. It is the responsibility of the Tenant(s) to notify the Landlord immediately of any needed repair or unsafe condition existing around or in the Premises including but not limited to cracks in the foundationTenant shall maintain, cracks in plaster, moisture in walls and ceiling, buckling sheetrock or sidingrepair, or any leaks. If Xxxxxx(s) fails to immediately notify Landlord of visible problemsreplace, which result in damage to the unit, then Tenant(s) becomes liable for cost of resultant damage. All repairs necessary to maintain premises shall be done by or under the direction of the Landlord, at the Landlord’s expense, except those caused by negligence or acts of Tenant(s), Tenant’s agents, or invitees, which repairs shall be made at the sole cost of the Tenant(s). Such repairs shall be made to conform to the original condition of the Premises at the time the Tenant(s) took possession. Although the Landlord repairs normal wear (and tear items, the adage “you broke it you pay to fix it” applies to the Tenant(s) and it applies during tenancy as well as so deliver at the end of tenancy. In addition, if a Tenant(sthe Lease) calls for maintenance for which no such maintenance is needed (false call), Tenant(s) will be charged for the service call. Any repairs, including labor, material, each and parts used, which are the responsibility of the Tenant(s), must be pre-approved in writing by the Landlord. Landlord shall be the sole judge as to what repairs are necessary. Landlord shall have no obligation to repair any defective condition, nor shall any defense or remedy be available to the Tenant(s), where the defective condition complained of was caused by the Tenant, Xxxxxx’s family, invitee, licensee, or other person acting under the control or direction of the Tenant(s), or where the Tenant unreasonably fails to notify the Landlord of the condition or allow the Landlord access to the Premises for purposes of the repair. Before exercising any of the remedies in accordance with the Landlord-Tenant Act, Tenant(s) must be current in rent. Tenant(s) shall be responsible for all broken glass. Tenant(s) shall not paint, re-wallpaper, or otherwise redecorate or make alterations to the Premises without the written consent of the Landlord. If written consent is given, such alterations shall be at the expense of the Tenant(s) and shall become every part of the Demised Premises, including without limitation, all glass, doorways and doors, interior walls, interior ceilings, interior floors, plumbing, electrical, HVAC, and all equipment located within the Demised Premises, in first class repair and condition, and shall make at Tenant'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 tear only excepted. Equipment servicing the Demised Premises that is located outside the Demised Premises, shall 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, however, shall make no exterior or interior alterations, other than as required pursuant to Tenant's obligations to make repairs and maintain the Owner’s property upon Demised Premises, without Landlord's prior written consent, and in any case, all work performed by Tenant shall be done in a good and workmanlike manner, and so as not to disturb or inconvenience other Tenants in the Building. Tenant shall not at any time permit any work to be performed on the Demised Premises except by duly licensed contractors or artisans, each of whom must carry general public liability insurance, in such amounts as are reasonably directed by Landlord and under which Landlord is an additional insured, certificates of which shall be furnished Landlord. At no time may Tenant do any work that results in a claim of lien against Landlord, and if requested by Landlord on termination of this the Lease and tenancy. Tenant(s) shall not permit any act or thing deemed hazardous by Landlord due to potential risk of fire or which will increase the rate of insurance on said Premises. In case the Premises or surrounding areas shall be damaged by fire, rain, wind, or other cause beyond the control vacation of the Landlord or the Demised Premises by Tenant, then Tenant shall restore at Tenant's sole expense the Demised Premises or surrounding areas shall be repaired within a reasonable time to the same condition as existed at the expense completion of the work described in EXHIBIT B, ordinary wear and tear only excepted. Landlord; and in case the damage is so extensive as , however, may elect to render the Premises unfit for human habitation, the rent shall cease until such time as the Premises will be put in repair. In case of total destruction, the rent shall be paid until the time of such destruction and from thenceforth this Lease Agreement shall cease and come require Tenant to an end. In the event, the damage is caused leave alterations performed by the act of the Tenant(s), or someone in or on the Premises by reason of Tenant’s permission or consent, there shall be no reduction of rent and Tenant(s) shall be liable for all costs of repair. Should Landlord notify Tenant(s) of intent to clean, replace carpets or paint the Premises, moving furniture and wall hangings shall be the duty and expense of the Tenant(s). Tenant(s) understands there will be no rent reductions, adjustments, or other compensation due to repairs or interruptions of service except as provided by law.
Appears in 1 contract
Samples: North Carolina Lease Agreement (Interactive Magic Inc /Md/)
