Repairs and Maintenance. Tenant’s repair and maintenance obligations include, without limitation, repairs to and maintenance of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs.
Appears in 2 contracts
Sources: Commercial Lease Agreement, Commercial Lease Agreement (Video Display Corp)
Repairs and Maintenance. Tenant’s (a) The Tenant shall, at its expense (save and except as provided in Section 6.1(e) below as to certain capital repairs and replacements required during the last twenty-four (24) months of the Term), diligently and in a good and workmanlike manner perform such maintenance, repairs and replacements as are required to keep the Demised Premises (including the structural components thereof), including the Building Systems and all Services located in, on or about the Demised Premises (including parking areas, driveways, roadways, service areas, and facilities, including those outside the Demised Premises such as sidewalks, boulevards, off-site utility and service connections and in respect of areas and Services shared by users of the Demised Premises and users of other properties, if any, in each case to the extent the Landlord is required to perform or contribute to the same as a result of its ownership of the Demised Premises) in accordance with the Building Standard. Without limiting the generality of the foregoing, and without notice or demand from the Landlord, the Tenant shall:
(i) maintain and keep, or cause to be maintained and kept, in a good state of repair the Demised Premises, all systems therein and maintenance obligations includethe Leasehold Improvements, and promptly make all needed repairs and replacements, including without limitation, repairs the structure, foundations, roof or roof membrane;
(ii) keep the Demised Premises in a well painted, clean and tidy condition, and not permit wastepaper, garbage, ashes, waste or objectionable material to accumulate thereon or in or about the Demised Premises, other than in areas designated by the Landlord;
(iii) repair all damage in the Demised Premises resulting from any misuse, excessive use or installation, alteration, or removal of Leasehold Improvements, fixtures, furnishings or equipment;
(iv) maintain and maintenance keep the sidewalks, parking areas, driveways and landscaping in a good state of repair, and in a clean and tidy condition. With respect to the sidewalks, parking areas and driveways such state shall include without limitation, keeping same free from accumulation of dirt, rubbish, snow and ice. With respect to parking areas and driveways, such state shall also include repaving and restriping from time to time. With respect to landscaping, such state shall include without limitation landscaping in such condition as a careful owner would do including the replacement of lawn and landscaping where the Tenant has failed to care for such lawn and landscaping as a careful owner would do; and
(v) at the expiration or sooner determination of the Term, peaceably surrender and yield up unto the Landlord the Demised Premises in good and substantial repair and condition.
(b) The obligations of the Tenant in paragraph (a) above are subject to the roof, foundation and structural elements following exceptions: (i) injury caused by or resulting from any Gross Negligence or willful misconduct of the BuildingLandlord, its servants, employees, contractors or those for whom the Landlord is in law responsible (other than Tenant Parties); and (bii) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; provisions of Article 10 hereof.
(c) The Landlord may, subject to compliance with the lawnTenant’s reasonable security and health and safety requirements and, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Roadsubject to all Gaming Authority Requirements, Tucker, Georgia 6 enter the Demised Premises accompanied by a representative of the Premises; Tenant during business hours upon reasonable prior Notice to view the state of repair and condition thereof and the Tenant shall promptly perform according to the Landlord’s Notice any maintenance, repairs or replacements in accordance with the Tenant’s obligations hereunder. The Tenant shall be responsible for the reasonable costs of such inspection and any required re-inspections to confirm the Tenant’s compliance.
(d) If the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen maintain, repair or replace as provided herein within thirty (1530) days after notice from of receipt of the Landlord’s Notice in respect of such maintenance, repair or replacement, the Landlord (although notice shall has the right, but not be required in an emergency)the obligation, Landlord may make the repairsto do so, and Tenant shall pay all reasonable out-of-pocket costs and expenses incurred by the reasonable cost of the repairs, together with Landlord plus an administrative charge in an amount equal to fee of fifteen percent (15%) percent of such reasonable costs and expenses shall be payable by the Tenant forthwith after Notice as Additional Rent.
(e) The obligations of the cost Tenant with respect to the capital repair and/or replacement in respect of the repairsDemised Premises during the last twenty-four (24) months of the Term shall be limited to those set out in Article 9, Article 10 and this Section 6.1(e). To the extent that capital replacements or repairs, the cost of which are reasonably expected to exceed [One Million Dollars ($1,000,000)][NTD: $1,000,000 in the case of Starlight, $1,500,000 in the case of Cascades, and $2,500,000 in the case of Grand Villa], should need to be made to the Demised Premises during the last twenty-four (24) months of the Term in order to maintain the Demised Premises in accordance with the Building Standards, Tenant may elect, by Notice to Landlord is (a “Capital Repair Notice”), not reimbursed by insurance proceedsto make such capital repair or replacement, and, subject to Article 9 and Article 10 hereof and the other provisions of this Section 6.1(e), the same shall not constitute a default hereunder. For the sake of clarity, to the extent that capital replacements or repairs, the cost of which are reasonably expected not to exceed [One Million Dollars ($1,000,000)][NTD: $1,000,000 in the case of Starlight, $1,500,000 in the case of Cascades, and $2,500,000 in the case of Grand Villa], should need to be made to the Demised Premises during the last twenty-four (24) months of the Term in order to maintain the Demised Premises in accordance with the Building Standards, Tenant shall reimburse make such capital replacements or repairs at its sole cost. Upon receipt of such a Capital Repair Notice, Landlord may elect (but shall be under no obligation) to make such capital replacement or repair at its expense, in which event Tenant shall cooperate with Landlord to permit Landlord to do so, or Landlord may elect (but shall not be obligated to do so) to have Tenant perform such capital repairs or replacements at Landlord’s expense. If Landlord makes such capital repairs or replacements, or pays to have Tenant do so as aforesaid, then, the reasonable cost to finance same shall be amortized over the useful life of the improvements and the Tenant shall pay, as Additional Rent, the portion of such amortized amount attributable to the remaining Term of the Lease, in monthly installments. Notwithstanding the foregoing to the contrary, in all events Tenant shall be responsible for (and shall pay for):
(i) repairs or replacements caused by perils which the Tenant is required to insure against pursuant to the provisions of Section 9.1 hereof or otherwise insures against;
(ii) repairs or replacements attributable to defects in the original design or construction of the Tenant’s work described in Section 7.1 hereof;
(iii) repairs or replacements caused by work performed by or on behalf of the Tenant;
(iv) repairs or replacements caused by the acts, omissions or negligence of the Tenant or Tenant Parties or by its or their misuse of the Demised Premises or parts thereof;
(v) repairs or replacements caused by the failure of the Tenant to complete any maintenance or repairs which the Tenant is required to perform under the terms of this Lease; and
(vi) repairs or replacements which are covered by any warranty assigned to the Tenant or that would be covered by a warranty were it not for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) or omissions of the cost of the repairsTenant.
Appears in 2 contracts
Sources: Agreement of Purchase and Sale (GTWY Holdings LTD), Agreement of Purchase and Sale (Gateway Casinos & Entertainment LTD)
Repairs and Maintenance. Tenant’s 18.1. Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain the structural and maintenance exterior portions and Common Areas of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord in good condition and repair.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in general; (c) good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 expiration or sooner termination of the PremisesTerm, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; (d) the Easement Areas; (e) interior and exterior walls shall, at Landlord’s request and doors of the Building; (f) interior Tenant’s sole cost and exterior windows; (g) any elevators serving the Building; (h) floor coveringexpense, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone remove all telephone and data cablingsystems, wiring and related equipment (collectivelyfrom the Premises, “Cable”); (j) supplemental air conditioning units; and (k) Alterationsrepair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, includingremodel, without limitationimprove, repair, decorate or paint the Premises or any Initial Alterationspart thereof.
18.3. If Tenant fails Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4. Provided Landlord uses commercially reasonable efforts to minimize interference with Tenant’s use, if any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for more than fifteen (15) days after notice the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord (although notice and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall not be required apply in an emergencylieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Subject to Section 9.1(c), costs incurred by Landlord may make the repairs, and Tenant pursuant to this Article shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsconstitute Operating Expenses.
Appears in 2 contracts
Repairs and Maintenance. Tenant’s A. Subject to provisions of paragraph 15 of this Lease, Lessor shall keep and maintain in good order, condition and repair and maintenance obligations include, without limitation, repairs to and maintenance of (a) the roof, foundation and structural elements of the Building; Premises including the roof, roof membrane, paving, floor slab, foundation, exterior walls, landscaping, and irrigation. Lessor shall make such repairs, replacements, alterations or improvements as Lessor deems reasonably necessary with respect to such structural elements and Lessee shall pay to Lessor, within ten (b10) mechanical (including HVAC)business days of Lessor’s invoice to Lessee therefor, electricalLessee’s pro-rata share of such repairs, plumbing and fire/replacements, alterations or improvements. In the event that the cost of any replacement or improvement exceeds $25,000 per occurrence, the amount in excess of $25,000 shall be amortized, on a straight line basis, over the useful life safety systems serving of such replacements or improvements as reasonably determined by Lessor using manufacturers’ guidelines. Lessee shall be obligated to pay its pro-rata share of such excess on a monthly basis, as Additional Rent, for as long as the Building and Premises in general; (c) useful life coincides with the lawnlease term. Notwithstanding the foregoing, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Roadbut subject to the provisions of Paragraph 9.D of this Lease, Tuckerif the reason for any repair, Georgia 6 replacement, alteration or improvement is caused by Lessee or arises because of a breach of Lessee’s obligations under this Lease, then Lessee shall pay 100% of the Premises; (d) costs or expense to remedy the Easement Areas; (e) interior same.
B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and exterior walls maintain the entire Premises and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterationsevery part thereof, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency)windows, Landlord may make window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the repairsPremises, interior walls and partitions, and Tenant electrical, plumbing, and lighting, systems in good and sanitary order, condition, and repair. Lessor shall pay maintain a service contract for the reasonable cost maintenance of the repairsall heating, together air conditioning, and ventilation equipment with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsa licensed and insuranced contractor. To the extent Landlord is not reimbursed by insurance proceeds, Tenant Lessee shall reimburse Landlord Lessor pursuant to Paragraph 10 above for the cost of repairing damage to the Building caused by Tenant’s failure said maintenance contract. Should Lessee fail to maintain the insurance coverage Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in addition to all other remedies available hereunder or by this Lease and/or caused law, and without waiving any alternative remedies, may make the acts of Tenantsame, Tenant Related Parties (and in that event, Lessee shall reimburse Lessor as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of additional rent for the cost of such maintenance or repairs on the repairslater of: (a) the next date upon which rent becomes due; or (b) within ten (10) business days following receipt of Lessor’s invoice. Lessee hereby expressly waives the provision of Subsection 1 of Section 1932, and Sections 1941 and 1942 of the Civil Code of California and all rights to make repairs at the expense of Lessor, as provided in Section 1942 of said Civil Code.
Appears in 2 contracts
Sources: Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc)
Repairs and Maintenance. Tenant’s 18.1 Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain the structural and maintenance exterior portions and Common Areas of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawnProject, walkways including foundations, exterior walls, load bearing walls, windows, plate glass, roofing, and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Roadroofing covering materials, Tuckerand plumbing, Georgia 6 fire sprinkler system, heating, ventilating, air conditioning, elevator, and electrical systems, subject to reimbursement by Tenant as its Pro Rata Share of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs Operating Expenses to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be extent provided by Article 7. However, if such maintenance or repairs are required in an emergency)solely because of any act, Landlord may make the repairsneglect, and fault of or omissions of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord the reasonable costs of such maintenance and repairs attributable to Tenant’s act, neglect, fault or omission.
18.2 Except as otherwise set forth in Section 18.1, Tenant shall, throughout the term of this Lease, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, including plumbing, fire sprinkler, heating, ventilating, air conditioning, elevator, and electrical systems existing in the Premises as of the repairsTerm Commencement Date, together or installed thereafter by Landlord as part of Landlord’s Improvements, or installed by Tenant with an administrative charge in an amount equal to fifteen percent (15%) the permission of Landlord, except for damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear. Tenant shall upon the expiration or earlier termination of the cost term hereof surrender the Premises to Landlord in the same condition as when received, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (Premises or any part thereof except as hereinafter defined) and their respective contractors and vendors, together with an administrative charge provided in an amount equal to fifteen percent (15%) of the cost of the repairs.Section 18.1
Appears in 2 contracts
Sources: Lease (Biocept Inc), Lease (Biocept Inc)
Repairs and Maintenance. Tenant’s repair 13.01 Tenant shall take good care of the Demised Premises and maintenance obligations includethe fixtures, equipment and appurtenances therein, and shall, at its sole cost and expense, promptly make all all nonstructural repairs or replacements thereto as and when needed to preserve them in good working order and condition (unless caused by negligence of Landlord, its agents, employees or contractors (collectively, “Landlord Parties”), except for reasonable wear and tear, including, without limitation, repairs as shall be required by reason of (i) the performance or existence of Tenant’s Changes (not to include Landlord’s Work and provided that Landlord notifies Tenant upon plan approval that such Tenant’s Changes will trigger this obligation), (ii) the installation, use or operation of Tenant’s Property in the Demised Premises, (iii) the moving of Tenant’s Property in or out of the Building, or (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors. Tenant, at its sole cost and expense, shall replace all scratched, damaged or broken doors or other glass in or about the Demised Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and for the repair and maintenance of (a) all lighting fixtures therein. If and when reasonably necessary Landlord shall be responsible for and shall make all repairs and replacements to the roofsidewalks adjacent to the Building, foundation subsurface conditions and structural elements of the Building; (b) mechanical (including HVAC)Building and Building systems.
13.02 Except as expressly otherwise provided in this Lease, electricalLandlord shall have no liability to Tenant by reason of any inconvenience, plumbing and fire/life safety systems serving annoyance, interruption or injury to business arising from Landlord’s making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to make in or to any portion of the Building and Premises or the Demised Premises, or in general; (c) or to the lawnfixtures, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 equipment or appurtenances of the Building or the Demised Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs and/or changes to the Building and/or the Demised Premises for purposes of obtaining the certificate of occupancy for the Building.
13.03 Subject to the provisions of Articles 20 and 21 herein should any action of Landlord prevent Tenant from utilizing at least seventy-five (75%) percent of the Demised Premises for more than fifteen five (155) consecutive business days, the Fixed Rent shall ▇▇▇▇▇ until Tenant is able to resume the use at least twenty-five (25%) percent of the Demised Premises. Should Tenant be prevented from utilizing at least seventy-five (75%) percent of the Demised Premises for more than sixty (60) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay have the reasonable cost of the repairs, together with an administrative charge in an amount equal right to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by terminate this Lease and/or caused by giving written notice to Landlord no later than seventieth (70th) consecutive days and vacating no later than what would the acts of Tenant, ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsboth dates.
Appears in 2 contracts
Sources: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
Repairs and Maintenance. Tenant’s 17.1. Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain the structural and maintenance exterior portions and Common Area of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in generalthe Property, including roofing and covering materials; foundations (c) the lawnexcluding any architectural slabs, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premisesbut including any structural slabs); exterior walls; plumbing; common fire sprinkler systems (d) the Easement Areasbut excluding sprinkler heads which must be maintained by Tenant); base building HVAC systems (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators but excluding air handlers exclusively serving the BuildingPremises which must be maintained by Tenant); (h) floor coveringcommon elevators; and common electrical systems installed or furnished by Landlord.
17.2. Except for services of Landlord, interior partitionsif any, kitchensrequired by Section 17.1 hereof, bathrooms Tenant will maintain the Premises and restrooms the fixtures and improvements therein (including, without limitation, hot water heaters all walls, doors, ceilings and similar facilitieslighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and/or and all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises) and all sprinkler heads located in the Premises, will make all repairs and replacements thereto (excluding structural repairs and replacements, unless caused by Tenant’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary, so as to keep the Premises in their current condition and state of repair, reasonable wear and tear excepted, and will neither commit nor suffer any active or permissive waste or injury thereof, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterationsother installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord for Tenant as part of this Lease. Landlord will maintain any Initial AlterationsBuilding standard air handler or Building standard condenser that exclusively serves the Premises (but any specialty equipment, such as Liebert type units and HEPA filtration units, shall remain Tenant’s responsibility) and sprinkler heads located in the Premises, but Tenant shall be solely responsible for the cost thereof as Additional Rent. If Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the cleaning of window coverings, mini-blinds and shades, the shampooing and re-stretching of carpet, and the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair. All bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Tenant fails at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by Applicable Laws or Landlord’s sustainability practices, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
17.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
17.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
17.5. Landlord shall clean the exterior of the exterior windows of the Building no more than fifteen two (152) days after notice from Landlord (although notice times per year. Tenant, at Tenant’s sole cost and expense, shall not be required in an emergency), Landlord may make responsible for the repairs, and Tenant shall pay the reasonable cost regular cleaning of the repairsinterior of the exterior windows and any interior windows consistent with Tenant’s obligations under Section 17.2.
17.6. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Property. In the event of a casualty described in Article 23, together with an administrative charge Article 23 shall apply in an amount equal lieu of this Article. In the event of eminent domain, Article 24 shall apply in lieu of this Article.
17.7. Costs incurred by Landlord pursuant to fifteen percent (15%) of this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions exceeds the repairs. To the extent Landlord is not reimbursed limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance proceedsmaintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the cost deductible therefor and any increase in premium resulting from such claim within thirty (30) days after receipt of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsinvoice therefor.
Appears in 2 contracts
Sources: Lease (Graybug Vision, Inc.), Lease (Graybug Vision, Inc.)
Repairs and Maintenance. Tenant’s repair 18.1 Landlord shall repair, replace and maintenance obligations include, without limitation, repairs to maintain the structural and maintenance of (a) the roof, foundation and structural elements exterior portions of the Building; (b) mechanical (Building and Project, including HVAC)foundations, exterior walls, load bearing walls, windows, plate glass, and roofing, and the mechanical, electrical, plumbing plumbing, fire sprinkler, and fire/life safety elevator systems serving of the Building Project, subject to reimbursement by Tenant as its Pro Rata Share of Operating Expenses to the extent provided by Section 7.1. However, if such maintenance or repairs are required because of any act, neglect, fault of or omissions of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord the entire cost of such maintenance and repairs attributable to Tenant’s act, neglect, fault or omission, unless such maintenance and repairs are covered by insurance carried by Landlord.
18.2 Except as otherwise set forth in Section 18.1, Tenant shall, throughout the term of this Lease, at Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair. Tenant shall upon the expiration or earlier termination of the term hereof surrender the Premises to Landlord in the same condition as when received, ordinary wear and tear and damage from casualty and causes beyond the reasonable control of Tenant excepted.
18.3 Tenant hereby waives Civil Code Sections 1941 and 1942 relating to a landlord’s duty to maintain the Premises in general; (c) a tenantable condition, and the lawnunder said sections or under any law, walkways statute or ordinance now or hereafter in effect to make repairs at Landlord’s expense.
18.4 There shall be no abatement of Rent and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Roadno liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, Tucker, Georgia 6 alterations or improvements in or to any portion of the Premises; (d) , or in or to improvements, fixtures, equipment and personal property therein, unless such injury or interference is unreasonable or is the Easement Areas; (e) interior and exterior walls and doors result of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial AlterationsLandlord’s grossly negligent or willful act or omission. If repairs or replacements become necessary which by the terms of this Lease are the responsibility of Tenant and Tenant fails to make any the repairs to the Premises for more than fifteen (15) days or replacements, after notice from Landlord (although notice and opportunity for Tenant to make such repairs or replacements, Landlord may do so pursuant to the provisions of Section 24.3.
18.5 Notwithstanding any of the foregoing, in the event of a fire, earthquake, flood, war or other similar cause of damage or destruction, this Article shall not be required in an emergency)applicable and the provisions of Article 22, Landlord may make the repairs, entitled “Damage or Destruction,” shall apply and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairscontrol.
Appears in 2 contracts
Sources: Lease (Genelux Corp), Lease (Genelux Corp)
Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Building and the Project, including roofing and covering materials; foundations; exterior walls; and electrical systems installed or furnished by Landlord. Landlord shall also maintain a flood mitigation system to facilitate drainage in the parking facilities located in the Common Area.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s repair sole cost and maintenance obligations includeexpense maintain and keep the Premises and every part thereof in good condition and repair, without limitationdamage thereto from ordinary wear and tear excepted. Tenant shall hire, repairs to at Tenant’s sole cost and maintenance of expense, (a) a licensed heating, ventilating and air conditioning contractor to regularly and periodically (not less frequently than every three (3) months) inspect and perform required maintenance on the roofheating, foundation ventilating and structural elements of air conditioning equipment and systems serving the Building; Premises, and (b) mechanical a licensed fire sprinkler contractor to regularly and periodically (including HVAC), electrical, plumbing not less frequently than every three (3) months) inspect and fire/life safety perform required maintenance on the fire sprinkler equipment and systems serving the Building Premises. Alternatively, Landlord may, at its election, contract in its own name for such regular and Premises in general; (c) periodic inspections of and maintenance on such heating, ventilating and air conditioning equipment and systems and charge to Tenant, as Additional Rent, the lawncost thereof. Tenant shall, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 upon the expiration or sooner termination of the Premises; Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date (d) the Easement Areas; (e) interior subject to ordinary wear and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipmenttear); (i) electronicand shall, fiberat Landlord’s request and Tenant’s sole cost and expense, phone remove all telephone and data cablingsystems, wiring and related equipment (collectivelyfrom the Premises, “Cable”); (j) supplemental air conditioning units; and (k) Alterationsrepair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, includingremodel, without limitationimprove, repair, decorate or paint the Premises or any Initial Alterationspart thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3. If Tenant fails Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Tenant notifies Landlord that the flood mitigation system at the Project needs improvements or repairs, Landlord shall use commercially reasonable efforts to prevent flooding at the Project within a reasonable period of time after receiving such notification. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for more than fifteen (15) days after notice the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord (although notice and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall not be required apply in an emergencylieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Except as otherwise set forth in Section 9.1(c), costs incurred by Landlord may make the repairs, and Tenant pursuant to this Article shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsconstitute Operating Expenses.
Appears in 2 contracts
Sources: Lease (Ambit Biosciences Corp), Lease (Ambit Biosciences Corp)
Repairs and Maintenance. Tenant’s Except as otherwise set forth in this Lease, ----------------------- Lessee shall, at Lessee's sole cost and expense, maintain the Premises and adjacent areas in good, clean and safe condition and repair to the satisfaction of the Lessor any damage caused by Lessee or its employees, agents, invitees, licensees or contractors. Without limiting the generality of the foregoing, and maintenance obligations includeexcept as otherwise set forth in this Lease, without limitationLessee shall be solely responsible for maintaining and repairing all plumbing, electrical wiring and equipment, lighting and interior wall, to the extent such are within the perimeter walls of the Building. Lessor may repair the heating, ventilation and air conditioning systems servicing the Building as deemed necessary by Lessor and Lessee shall pay the cost of such repairs. Notwithstanding anything to the contrary contained herein, any capital improvements mandated by law shall be prorated over the life of the improvement, as determined by GAAP, and prorated over Lessee's remaining Lease term. Except for repairs rendered necessary by the negligence of Lessee, its agents, customers, employees and invitees, Lessor agrees, at Lessor's sole cost and expense, to and maintenance keep in good repair the structural portions of (a) the roof, foundation foundations and structural elements exterior walls of the Premises (exclusive of glass and exterior doors) and underground utility and sewer pipes outside the exterior walls of the Building; . Lessor agrees that repair costs of the roof membrane in excess of one thousand five hundred dollars (b$1,500) mechanical (including HVAC)per year shall be at Lessor's cost and expense. Except for normal maintenance and repair of the items outlined above, electrical, plumbing and fire/life safety systems serving Lessee shall have no right of access to or install any device on the roof of the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 nor make any penetrations of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors roof of the Building; (f) interior and exterior windows; (g) any elevators serving Building without the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost express prior written consent of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsLessor.
Appears in 2 contracts
Sources: Lease Agreement (Jetfax Inc), Lease Agreement (Jetfax Inc)
Repairs and Maintenance. Tenant shall, at Tenant’s repair sole expense, keep the Premises and maintenance obligations includealterations in good order, without limitationcondition and repair, repairs to and maintenance of (a) the roofincluding, foundation and structural elements of the Building; (b) mechanical (including HVAC)but not limited to, electricalall equipment or facilities, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawnsuch as plumbing, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Roadheating, Tuckerventilating, Georgia 6 of the Premises; (d) the Easement Areas; (e) air conditioning, electrical lighting, boilers, pressure vessels, fire protection system fixtures, interior and exterior walls walls, interior utility installations, ceilings, floors, windows, doors, glass, signage, landscaping, parking lot and doors driveways, and all other facilities located in or on the Premises not the responsibility of Landlord as described in section 6.3. Tenant, in keeping the Premises in good order, condition and repair, shall exercise and perform good maintenance practices including preventative maintenance of the Building; (f) interior roof and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; systems. Tenant’s obligations shall include maintaining copies of applicable service contracts and (k) Alterations, including, without limitation, any Initial Alterationsproviding copies of same to Landlord at Landlord’s request. If Tenant fails does not make repairs promptly and adequately when required to make any repairs to the Premises do so, and such failure or non-performance shall continue for more than fifteen a period of twenty (1520) days after notice from the date Landlord (although notice shall not be required in an emergency)notifies Tenant of the need for such repair or repairs, Landlord may may, but need not, make the repairs, such repairs and replacements and Tenant shall pay the reasonable cost Landlord, within ten (10) days of the repairswritten demand, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost thereof. In no event shall any of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure expenses under this Section 6.2 constitute an item of Expense under Section 3.5 hereof. Notwithstanding the foregoing, Tenant’s obligations shall include maintaining service contracts on all HVAC and roof systems, pursuant to maintain which such systems shall be inspected and properly maintained by outside service providers on a regular and continuous basis during the insurance coverage required Term hereof. Upon Landlord’s request, tenant shall furnish Landlord with copies of such service contracts and records of maintenance performed by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsservice contractors.
Appears in 2 contracts
Sources: Lease Agreement, Industrial Building Lease Agreement (Entorian Technologies Inc)
Repairs and Maintenance. Tenant’s 7.1 Tenant shall generally maintain and repair the Leased Premises, in a good and maintenance obligations includeworkmanlike manner, without limitationand shall, at the expiration of the term, deliver the Leased Premises in good order and condition, damages by fire or casualty, the elements and ordinary wear and tear excepted. Tenant covenants and agrees that it shall not cause or permit any waste, damage or disfigurement to the Leased Premises, or any overloading of the floors. Tenant shall maintain and make all repairs to the floor surface, plumbing and maintenance of (a) electrical systems including all ballasts and fluorescent fixtures located within the Leased Premises, and the entire HVAC system. Landlord shall be responsible for repairs necessary to the roof, foundation exterior and structural elements of the Building; (b) mechanical (including HVAC)load-bearing walls, electrical, and electric and plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency)point where they enter the Leased Premises, Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord unless repair is not reimbursed necessitated by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts any act of Tenant, or its agents, employees or contractors.
7.2 The Tenant Related Parties (as hereinafter defined) shall, at its own cost and their respective contractors expense, pay all utility meter and vendorsservice charges, together including gas, water and electric servicing the Leased Premises. Landlord shall have the option to install, at its own cost, a separate water meter and invoice Tenant directly for its water usage. The Tenant agrees to maintain all leased areas at a minimum temperature of 45 degrees, excluding cold rooms on other rooms specifically designed for a lower temperature, to prevent the freezing of domestic water and sprinkler pipes. Tenant shall not store any items outside the Leased Premises, and shall deliver its garbage and recyclables to the central receiving area on the lot. Tenant shall dispose of all hazardous/medical waste with an administrative charge in an amount equal to fifteen percent (15%) approved hauler at its own cost.
7.3 Landlord does not warrant that any services Landlord or any public utilities supply will not be interrupted. Services maybe interrupted because of accidents, repairs, alterations, improvements or any other reason beyond the cost reasonable control of Landlord, not including the repairsgross negligence of Landlord or its agents.
Appears in 2 contracts
Sources: Lease Agreement (Ligand Pharmaceuticals Inc), Lease Agreement (Pharmacopeia Inc)
Repairs and Maintenance. Tenant’s 18.1. Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain the structural and maintenance exterior portions and Common Area of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises in general; (c) for purposes of clarity, the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises; (d) , and any supplemental HVAC serving the Easement Areas; (e) interior and exterior walls and doors Premises shall not be part of the Buildingbase Building HVAC and shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); elevators; and base Building electrical systems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (f) interior including but not limited to the portion of the HVAC system that includes the first damper or isolation valve and exterior windows; (g) extends into and through the Premises, any elevators supplemental HVAC serving the BuildingPremises, and any other systems or equipment exclusively serving the Premises) and every part thereof in good condition and repair, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; (h) floor coveringand shall, interior partitionsat Landlord’s request and Tenant’s sole cost and expense, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone remove all telephone and data cablingsystems, wiring and related equipment from the Premises (collectivelywith respect to wiring, “Cable”only to the extent installed by a Tenant Party (as defined below); (j) supplemental air conditioning units; ), and (k) Alterationsrepair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, includingremodel, without limitationimprove, repair, decorate or paint the Premises or any Initial Alterationspart thereof.
18.3. If Tenant fails Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for more than fifteen (15) days after notice the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord (although notice shall not be required and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5. This Article relates to repairs and maintenance arising in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost ordinary course of operation of the repairsBuilding and the Project. In the event of a casualty described in Article 24, together with an administrative charge Article 24 shall apply in an amount equal lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant this Article shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsconstitute Operating Expenses.
Appears in 2 contracts
Sources: Lease (Pandion Therapeutics Holdco LLC), Lease (Pandion Therapeutics Holdco LLC)
Repairs and Maintenance. Tenant’s 19.1. Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain the structural and maintenance exterior portions and Common Areas of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) AlterationsProject, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, the systems described in Subsections 17.7(a)-(c) from outside the Premises to the border of the Premises, and electrical systems installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses (subject to Article 10), except to the extent such repairs or maintenance is required because of any Initial Alterationsact, neglect, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
19.2. If Except for services of Landlord, if any, required by Section 19.1, Tenant fails shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear excepted and subject to the provisions of this Lease regarding condemnation; and shall, at Landlord’s request, remove all telephone and data systems, wiring and equipment from the Premises, and repair any damage to the Premises caused thereby; provided, however, Tenant may instead terminate, cut and label both ends of any such wiring, in which case Tenant shall not be required to remove such wiring. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of this Lease, including the Work Letter.
19.3. Landlord shall not be liable for any failure to make any repairs or to the Premises perform any maintenance that is an obligation of Landlord unless such failure shall persist for more than fifteen (15) days an unreasonable time after Tenant provides Landlord with written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairsneed of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
19.4. Repairs under this Article 19 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, together with an administrative charge except as otherwise provided in an amount equal this Article 19 or Article 10.
19.5. This Article 19 relates to fifteen percent (15%) repairs and maintenance arising in the ordinary course of operation of the cost Building and the Project and any related facilities. In the event of the repairs. To the extent Landlord is not reimbursed by insurance proceedsfire, Tenant earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 25 shall reimburse Landlord for the cost apply in lieu of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsArticle 19.
Appears in 2 contracts
Sources: Lease (Ardelyx, Inc.), Lease (Ardelyx, Inc.)
Repairs and Maintenance. Tenant’s 18.1. Other than Condominium Common Areas located at the Property, if any, that are to be maintained by the Association pursuant to the Declaration (which, if Landlord controls the Association, Landlord shall cause the Association to maintain in accordance with the Declaration), Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain the structural and maintenance exterior portions and Common Areas of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in generalthe Project, including roofing and covering materials; foundations; exterior walls; plumbing; common fire sprinkler systems (c) the lawnif any); common heating, walkways ventilating, air conditioning systems; common elevators; exterior windows, and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Roadcommon electrical systems.
18.2. Except for services of Landlord, Tuckerif any, Georgia 6 required by Section 18.1 hereof, Tenant will take good care of the Premises; (d) Premises and the Easement Areas; (e) interior fixtures and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms improvements therein (including, without limitation, hot water heaters all walls, doors, ceilings and similar facilitieslighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (but excluding all common utilities and common HVAC systems and/or equipmentand all electrical, plumbing, mechanical and HVAC equipment serving portions of the Building other than the Premises); , will make (ia) electronicall repairs thereto (excluding structural repairs unless caused by Tenant’s acts or omissions), fiberwhether foreseen or unforeseen, phone ordinary or extraordinary (but excluding repairs required as a result of a casualty or condemnation, which shall be addressed in accordance with Sections 24 and data cabling25 hereof), wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (kb) Alterationsreplacements to the Tenant Improvements, all so as to keep the Premises in a first class condition and state of repair, subject to normal wear and tear, and will neither commit nor suffer any active or permissive waste or injury thereof. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord exclusively for Tenant pursuant to this Lease. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair, subject to normal wear and tear (provided Tenant shall not be obligated to repaint the Premises during the last two (2) years of the Term, as it may be extended). All building standard bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any Initial Alterationsthird-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. If All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by Tenant fails and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by Tenant and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by Tenant’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service and trash removal from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by law, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. In the event that Landlord timely fails to make a repair or perform maintenance inside the Premises that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for more the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease provided that such entry does not materially adversely affect Tenant’s beneficial use and occupancy of the Premises for the Permitted Use.
18.5. Landlord and Tenant acknowledge and agree that pursuant to the Declaration, the Association, and not Landlord, is responsible for the maintenance, repair and replacement of the Condominium (other than fifteen (15the Units) days after notice from Landlord (although notice and the Condominium Common Areas. The cost of the foregoing items shall not be required included in an emergency), Landlord may make Common Expenses in accordance with the repairs, Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the reasonable cost Unit or Landlord as the Unit Owner in accordance with Section 9 hereof. All services, maintenance, repairs and replacements performed by the Association or its agents pursuant to this Section 18 shall be deemed to have been performed on behalf of Landlord and all costs incurred by the Association or its agents in the performance of such services, maintenance, repairs and replacements shall be included in Common Expenses in accordance with the Declaration and Tenant shall be responsible to pay its Pro Rata Share of such amounts as are assessed against the Unit or Landlord as the Unit Owner in accordance with Section 9 hereof.
18.6. This Article relates to repairs and maintenance arising in the ordinary course of operation of the repairsBuilding and the Project. In the event of a casualty described in Article 24, together with an administrative charge Article 24 shall apply in an amount equal lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.7. Unless otherwise expressly excluded from Operating Expenses pursuant to fifteen percent (15%) the terms hereof, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses. Notwithstanding the foregoing and subject to the provisions of Section 23.7 hereof, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions exceeds the repairs. To the extent Landlord is not reimbursed limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance proceedsmaintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the cost deductible therefor within thirty (30) days after receipt of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsinvoice therefor.
Appears in 2 contracts
Sources: Lease Agreement (Spark Therapeutics, Inc.), Lease Agreement (Spark Therapeutics, Inc.)
Repairs and Maintenance. Except as otherwise provided in this Article, Tenant’s repair , at its sole cost and maintenance obligations includeexpense, without shall maintain each of the Demised Properties and each part thereof, structural and non-structural, in good order, condition and repair, including all areas outside of any buildings (including all sidewalks, driveways, landscaping, trash enclosures, and trash compacting and loading areas on the Demised Properties), and including any roof on any buildings, in a neat and clean condition, and ensuring that debris from the operation of each convenience food store and/or retail automobile fuel station or other Permitted Use on the Demised Properties is cleaned and removed on a regular basis) and, subject to the terms and conditions of Article 6, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen, but subject to Article 11 and Article 12. Without limitation, repairs to and maintenance of (a) the roofno Repairs shall result in any structural damage to any Demised Properties or any injury to any persons, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing Tenant shall ensure that the quality of materials and fire/life safety systems serving workmanship of any Repairs meets or exceeds the Building quality of materials and Premises in generalworkmanship of the Improvements prior to the need for such Repairs; (c) all Repairs shall fully comply with applicable Law, the lawnrequirements of any covenants, walkways conditions, restrictions or other permitted encumbrances that are of record regarding the applicable Demised Property, and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Roadany applicable repair standards and requirements promulgated by Tenant for its (or its subsidiaries’ or Affiliates’ or franchisees’) properties or by Tenant’s franchisor (if applicable). Landlord shall have no duty whatsoever to maintain, Tuckerreplace, Georgia 6 upgrade, or repair any portion of the Premises; (d) Demised Properties, including any structural items, roof or roofing materials, or any aboveground or underground storage tanks, and Tenant hereby expressly waives the Easement Areas; (e) interior and exterior walls and doors right to make Repairs at the expense of the Building; (f) interior and exterior windows; (g) Landlord, which right may be provided for in any elevators serving the Building; (h) floor coveringapplicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If if Tenant fails or neglects to make any repairs commence and diligently proceed
1. [***] Indicates material that has been omitted and for which confidential treatment has been requested. All such omitted material has been filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the Premises for more than fifteen Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (1530) days after receipt of written notice of the need therefor from Landlord (although notice shall not be required in an emergency)or any other Person describing the applicable Repair or other obligation, then Landlord or its agents may make enter the repairs, and Demised Properties for the purpose of making such Repairs or fulfilling those obligations. Tenant shall pay the reasonable cost to Landlord all costs and expenses incurred by Landlord as a consequence of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenantsuch Landlord’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsactions.
Appears in 2 contracts
Sources: Master Land and Building Lease (Getty Realty Corp /Md/), Master Land and Building Lease (Getty Realty Corp /Md/)
Repairs and Maintenance. Tenant shall, at all times during the Term of this Lease and at Tenant’s sole cost and expense, maintain and repair the Premises and maintenance obligations includeevery part thereof and all equipment, without limitation, repairs to fixtures and maintenance of improvements therein (a) including the roof, foundation windows, glass, plate glass, doors, special fronts, entries, the interior surfaces of exterior walls, interior walls, floors, heating and structural elements air conditioning systems, dock boards, truck doors, dock bumpers, plumbing fixtures and equipment, electrical components and mechanical systems, and replacements thereof) and keep all of the Building; foregoing clean and in good order and operating condition, ordinary wear and tear excepted. Tenant shall keep the entire Premises sufficiently heated to avoid the bursting of pipes or other damage to the Premises. Tenant shall not damage the Premises or disturb the integrity and support provided by any wall. Tenant shall, at Tenant’s expense, promptly repair any damage to the Premises caused by Tenant or any agent, officer, employee, contractor, licensee or invitee of Tenant. Tenant shall take good care of the Premises and keep the Premises free from dirt, rubbish, waste and debris at all times. Tenant shall not overload the floors in the Premises or exceed the load-bearing capacity of the floors in the Premises. Tenant shall, at Tenant’s expense, enter into a regularly scheduled preventative maintenance and service contract with a maintenance contractor approved in writing by Landlord (bsuch approval not to be unreasonably withheld, conditioned or delayed) mechanical for servicing all hot water, heating and air conditioning systems and equipment in the Premises. The maintenance and service contract shall include all services suggested by the equipment manufacturer and shall become effective (including HVAC), electrical, plumbing and fire/life safety systems serving Tenant shall deliver a copy to Landlord) within thirty (30) days after the Building Delivery Date. Tenant and Tenant’s maintenance contractor shall at all times conduct maintenance on the HVAC equipment at the Premises in general; (c) accordance with all Federal, state or local laws. In the lawnevent of a replacement of a part or portion of the HVAC equipment which is warranted by the manufacturer and/or guaranteed by the installer, walkways Tenant shall provide the Landlord with a duplicate original of the warranty and/or guarantee. Tenant shall, at the end of the Term of this Lease, surrender to Landlord the Premises and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ all alterations, additions, fixtures and improvements therein or thereto in the same condition as when received, ordinary wear and tear excepted and ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairspersonal property excepted.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Repairs and Maintenance. Tenant’s repair and maintenance obligations include, without limitation, repairs to and maintenance of (a) Tenant shall, at its own sole cost and expense, keep the Premises in good order and condition, normal wear and tear and damage covered by insurance excepted, at all times on and after commencement of the Term to and including the date of the termination of the Term, by lapse of time or otherwise. Tenant shall promptly and adequately repair the Premises and all its component parts, and replace or repair all landscaping and all damaged or broken fixtures, other than trade fixtures, and appurtenances. In addition, Tenant shall timely and properly maintain all of the Premises including, but not necessarily limited to, mechanical systems, electrical systems, plumbing and sewage systems, foundations and floor slabs, glazing systems, structural steel, masonry walls and wall enclosures, and water tightness of all curtain walls by a qualified stationary engineer or otherwise, in accordance with the greater standard of
(i) the customary maintenance by prudent operators in the industry;
(ii) that which is necessary so as not to void, diminish, or impair any warranty for such component from time to time in effect; and
(iii) that which is necessary to preserve and protect the useful life of such component, ordinary wear and tear excepted. In addition, Tenant shall maintain and repair, or cause others to maintain and repair or replace, as the case may be, the roof, foundation and repair any material defect in materials or workmanship relating to the foundation, columns, and structural elements steel which comprise a part of the Building; Premises. Landlord, not more frequently than annually during the Term (except in the event of an emergency or extraordinary condition), may cause independent private inspectors, qualified in the specific discipline, to make inspections of any building and building systems on the Premises or segments thereof to determine Tenant's compliance under this Section. If the Tenant does not timely or properly perform repairs as above provided, Landlord may, but is not required to, after twenty (20) days' notice to Tenant, make such repairs, replacements or maintenance in a reasonably diligent fashion, and Tenant shall pay Landlord forthwith upon being billed for same by Landlord the cost thereof plus all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs, replacements and maintenance. Landlord may, but shall not be required to, enter the Premises personally or through independent contractors at all reasonable times upon reasonable notice (except in the case of an emergency) to inspect the Premises, and to make such repairs, alterations, improvements and additions to the Premises or to any equipment or fixtures located on the Premises as Landlord deems reasonably necessary and which Tenant failed to do as required in this Lease.
(b) mechanical It is intended by Tenant and Landlord that Landlord shall have no obligation, in any manner whatsoever, to repair or maintain the Premises (including HVACor the equipment therein), electricalwhether structural or nonstructural, plumbing all of which obligations are intended, as between Landlord and fire/life safety systems serving Tenant, to be those of Tenant. Tenant expressly waives the Building and benefit of any statute now or in the future in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in general; good order, condition and repair.
(c) Prior to the lawn, walkways and parking areas Commercial commencement of the Lease Agreement Video Display Corporation ▇Landlord received an engineering study of the Premises performed by Eckl▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Roadsultants Inc. Exhibit E attached hereto shows a list of those matters which must be corrected. Tenant agrees to correct the matters listed on Exhibit E, Tuckerat Tenant's sole cost and expense, Georgia 6 of to be completed no later than the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs.dates set forth on Exhibit E.
Appears in 2 contracts
Sources: Lease Agreement (Caterair International Inc /Ii/), Lease Agreement (Caterair International Inc /Ii/)
Repairs and Maintenance. A. Landlord shall maintain the structural portions of the Building and the roof and roof membrane in good working order and repair. Landlord shall perform and construct (or shall cause to be performed or constructed), and Tenant shall have no responsibility to perform or construct, any repair, maintenance or improvements (a) to the structural portions of the Premises, (b) which could be treated as a “capital expenditure” under generally accepted accounting principles, and (c) the Building Systems serving the Premises (including components of such systems located in the Premises) and the Building. Notwithstanding the foregoing, Tenant shall pay for its share of the foregoing costs to the extent such costs are properly included in Expenses, provided that the cost of any capital repairs shall be amortized over the useful life of the capital item in question. In performing any maintenance, repairs or improvements, Landlord shall minimize interference with Tenant’s business operations. Landlord shall assign to Tenant any warranties affecting any portion of the Premises for which Tenant has any repair responsibilities,
B. If Tenant becomes aware of any conditions that are dangerous or in need of maintenance or repair, Tenant shall promptly provide Landlord with notice of any such conditions. Tenant, at its sole cost and expense, shall perform all maintenance and repairs to the Premises (other than with respect to any elements of the Building that are Landlord’s responsibility in Section 9.01(A) above), and keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s repair and maintenance obligations include, without limitation, repairs to and maintenance of to: (a) the roof, foundation and structural elements of the Buildingfloor covering; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in generalinterior partitions; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premisesdoors; (d) the Easement Areasinterior side of demising walls; (e) interior and exterior walls and doors of the BuildingAlterations (described in Section 9.03); (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitionssupplemental air conditioning units, kitchens, bathrooms and restrooms (including, without limitation, including hot water heaters heaters, and similar facilitiesfacilities exclusively serving Tenant, systems and/or equipment)whether such items are installed by Tenant or are currently existing in the Premises; and (ig) electronic, fiber, phone and data cabling, wiring cabling and related equipment that is installed by or for the exclusive benefit of Tenant (collectively, “Cable”); (j) supplemental air conditioning units; . All repairs and (k) Alterations, including, without limitation, any Initial Alterationsother work performed by Tenant or its contractors shall be subject to the terms of Section 9.03 and 9.04 below. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and and, within thirty (30) days after demand, Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen five percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (155%) of the cost of the repairs.
Appears in 2 contracts
Sources: Office Lease Agreement (Cloudflare, Inc.), Office Lease Agreement (Cloudflare, Inc.)
Repairs and Maintenance. Tenant’s repair and maintenance obligations include, without limitation, repairs to and maintenance of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇▇▇ and ▇▇▇▇▇▇ agree as follows:
a. By accepting possession of the Property, LESSEE has accepted the Property in its present condition. LESSOR warrants Property is free of dangerous material and is structurally sound as of the effective date of this Lease.
▇. ▇▇▇▇▇▇ shall maintain in good repair the outside of the building/structural exterior of the property, including but not limited to, structural components of the roof, exterior walls, foundations, MAJOR systems maintenance such as HVAC, electrical, plumbing, such as broken pipes due to no fault of the lessee, and parking lot maintenance.
c. ▇▇▇▇▇▇ agrees to maintain and be responsible for MINOR repair costs (excluding the structural components of exterior walls and foundations and items listed in Section 14(b)), above, including plumbing, electrical and lighting facilities and minor equipment, wiring, fixtures, walls, wall coverings, ceilings, floors, windows, doors, glass, plate glass, and entrances.
d. ▇▇▇▇▇▇ will be responsible for keeping exterior and interior of Property in good, clean and habitable condition, including trash and snow removal.
e. LESSEE shall not allow any damage to be committed on any portion of the Property, and on termination of the Lease, LESSEE shall deliver the Property to LESSOR in good condition, ordinary wear and tear excepted. All structural upgrades to the Property are to remain upon termination of the Lease.
f. All requests for repairs or maintenance that are the responsibility of LESSOR pursuant to any provision of this Lease must be made in writing by LESSEE to LESSOR or its designee at the address set forth below or as amended in writing from time to time. ▇▇▇▇▇▇ acknowledges the time sensitivity of repairs, which will be high priority. ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ Executive Director Meals on Wheels of Cheyenne, Inc. ▇▇▇▇ Road▇. ▇▇▇▇▇▇▇ Hwy Cheyenne, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsWY 82007 ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Repairs and Maintenance. The Tenant shall be responsible for and shall be liable for the cost of repairing all damage caused by the Tenant’s repair 's act or neglect. This includes damage caused by the Tenant's family, domestic employees, and maintenance obligations includevisitors. Tenant shall keep and maintain the Premises in neat, without limitationclean, repairs to safe and maintenance of sanitary condition. It is further understood that Tenant shall:
(a) allow vehicles to be driven or parked only in the roof, foundation and structural elements of the Building; driveway or garage;
(b) mechanical keep the furnace clean and change the filter in the air conditioner and/or furnace as needed for optimum efficiency and safety;
(including HVAC)c) keep the walks and driveway free from dirt, electricalgarbage, snow and ice;
(d) keep nothing flammable or dangerous on the Premises;
(e) remove from the Premises all garbage and debris and take to the curb for collection, or as provided by municipality or refuse disposal service and comply with all state and municipal rules and regulations regarding garbage separation. Tenant shall be responsible for any fines levied against the Premises for non-compliance with such rules;
(f) use all electric, plumbing and fire/life safety systems serving other facilities safely;
(g) do nothing to cause a cancellation or an increase in the Building cost of Landlord's fire or liability insurance;
(h) use no more electricity than the wiring or feeders to the Premises can safely carry;
(i) obey any written instructions of the Landlord for the care and Premises use of appliances, equipment and other personal property on the Premises
(j) do nothing to destroy, deface, damage, or remove any part of the Premises;
(k) do nothing to destroy the peace and quiet of the Landlord, other Tenants or persons in general; the neighborhood;
(cl) be responsible for maintaining the lawn, walkways shrubs, weeding, trees, and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ for removing leaves;
(m) be responsible for all minor repairs, defined as those repairs under $100.00. The Tenant must comply with laws, orders, rules and requirements of governmental authorities and insurance companies which have issued or are about to issue policies covering this property or its contents. The Landlord agrees to repair the Premises with reasonable promptness when the problem is caused by ▇▇▇▇▇▇'s reasonable wear and tear or by forces beyond the Tenant's control. It is further understood that while it is a ▇▇▇▇ Road▇▇▇'s obligation to pay rent, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterationsit is a Landlord's obligation to maintain a habitable unit. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent The Landlord is not reimbursed by insurance proceedsresponsible for any inconvenience or interruption of services due to repairs, Tenant shall reimburse Landlord improvements or for any reason beyond the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsLandlord's control.
Appears in 1 contract
Sources: Residential Lease Agreement
Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Bent Building and the Bent Project and the Garage, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems (excluding those portions of the heating, ventilating, air conditioning systems located inside the Premises (including the variable air volume distribution and zone control), which shall be repaired and maintained by Tenant); elevators; and electrical systems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s repair sole cost and maintenance obligations includeexpense maintain and keep the Premises and every part thereof in good condition and repair, without limitationdamage thereto from ordinary wear and tear excepted, repairs to including the Generator, the Acid Neutralization Tank, and maintenance of (a) all laboratory systems, including the roofreverse osmosis, foundation de-ionized and structural elements other treated water systems, vacuum, compressed air and laboratory gas. Tenant shall, upon the expiration or sooner termination of the BuildingTerm, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; (b) mechanical (including HVAC)and shall, electricalat Landlord’s request and Tenant’s sole cost and expense, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone remove all telephone and data cablingsystems, wiring and related equipment (collectivelyfrom the Premises, “Cable”); (j) supplemental air conditioning units; and (k) Alterationsrepair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, includingremodel, without limitationimprove, repair, decorate or paint the Premises or any Initial Alterationspart thereof, other than as described in Exhibit C.
18.3. If Tenant fails Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4. If any excavation shall be made upon land adjacent to or under the Buildings, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for more than fifteen (15) days after notice the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Buildings from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord (although notice shall not be required and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5. This Article relates to repairs and maintenance arising in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost ordinary course of operation of the repairsBuildings and the Project. In the event of a casualty described in Article 24, together with an administrative charge Article 24 shall apply in an amount equal lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant this Article shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsconstitute Operating Expenses.
Appears in 1 contract
Sources: Lease (Idenix Pharmaceuticals Inc)
Repairs and Maintenance. Tenant’s Except as otherwise set forth in this Lease, Lessee, at its sole cost, shall be responsible for and shall keep all parts of the Premises (including its restroom areas) and the appurtenances thereto in good, safe, tenantable condition, slightly in appearance, and in good order and repair at all times during the term of this Lease (reasonable wear and maintenance obligations includetear and casualty excepted in all cases), without limitationincluding any extensions, repairs to and maintenance of except that: Lessor shall be responsible at its sole expense for: (a) structural repairs and replacements, repairs, replacements or maintenance to the roof, foundation exterior walls and structural elements of the Buildingfoundation; (b) mechanical (including HVAC)repairs or replacements which are necessitated by the willful or negligent act or omission of Lessor, electricalits agents, plumbing and fire/life safety systems serving the Building and Premises in generalemployees, invitees or representatives; (c) repairs or replacements which are necessitated by reason of fire or other casualty, which events are governed by Paragraph 13 below; and (d) repairs or replacements which are necessitated by reason of a breach of any warranty or representation of Lessor contained in this Lease or by reason of Lessor’s failure to perform or observe any term, covenant or condition to be performed or observed by Lessor pursuant to this Lease. Lessor warrants and represents that it has no knowledge of defects in the lawnplumbing, walkways heating, air conditioning and other mechanical systems. Lessor further warrants and represents that it has no notice or knowledge of any material defects in the Premises or the components of the Premises, including but not limited to the roof, walls, foundation and floors. Subject to the terms of this Lease, Lessor shall repair and maintain the paving, and provide lighting of and maintain sidewalks and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Roadlocated within the Center and shall provide lighting for and maintain the entrances, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior exits and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs areas appurtenant to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required Center Building in an emergency)a clean and orderly condition, Landlord may make including maintaining all shrubbery thereon and mowing of grass thereon and the repairs, prompt removal of snow and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsice therefrom.
Appears in 1 contract
Sources: Lease Agreement (Vitacost.com, Inc.)
Repairs and Maintenance. Tenant’s A. Except as otherwise provided herein, the CITY shall be responsible, at its sole expense and in accordance with any applicable local, state or federal law, regulation or code relating to structural integrity, for the proper and reasonable maintenance and repair of the building and grounds at all times during the term of this LEASE. Such proper and reasonable maintenance obligations include, without limitation, repairs and repair of the building and grounds is limited to and maintenance of (a) the roof, foundation including periodic gutter cleaning as necessary; foundation; exterior and interior walls; flooring; plumbing; jointly- used electrical panels; and the HVAC (heating, ventilation and air conditioning) system.
B. Except as otherwise provided herein, LESSEE shall be responsible, at its sole expense and in accordance with any applicable local, state or federal law, regulation or code relating to structural elements integrity, for the proper and reasonable maintenance and repair of the Buildingpremises at all times during the term of this LEASE to prevent the premises from entering into a state of disrepair. Such proper and reasonable maintenance and repair of the premises includes:
(1) Maintenance of the flooring, but only in such a manner that is consistent with the use of techniques and products approved by the CITY Facilities Maintenance Manager in advance of the commencement of any work; (b) mechanical (including HVAC), electrical, plumbing paint; electrical wiring and fire/life safety systems serving fixtures; equipment that is used for fire protection or suppression; and the Building and Premises interior of the premises in general; (c) . Examples would be but are not limited to the lawnfollowing: water leaks, walkways plugged toilets, burnt out bulbs, bad lighting ballasts, holes in walls, tears in carpet or damaged tile and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 the general upkeep of the Premises; interior.
(d2) Repair of any damage that is directly or proximately caused by the Easement Areas; (e) interior LESSEE, its employees, agents, volunteers, contractors or invitees.
C. Notwithstanding any other provision of this LEASE, LESSEE shall be responsible, at its sole expense and exterior walls and doors of the Building; (f) interior and exterior windows; (g) in accordance with any elevators serving the Building; (h) floor coveringapplicable local, interior partitionsstate or federal law, kitchensregulation or code relating to structural integrity, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost proper and reasonable repair of repairing any damage to the Building building and grounds that is directly or proximately caused by Tenant’s failure the LESSEE, its employees, agents, volunteers, contractors or invitees.
D. For the purposes of this LEASE, the term “grounds” shall be deemed to maintain include the insurance coverage required by this Lease and/or caused parking lot, landscaping and sidewalks appurtenant to the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsbuilding.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. Tenant’s 18.1. Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain in good operating condition the structural and maintenance exterior portions and Common Areas of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) AlterationsProject, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing and plumbing fixtures, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems, unless installed by Tenant (Landlord’s Work, even if paid for by Tenant, shall not be deemed to be “installed by Tenant”). Except as otherwise provided under Article 7, any Initial Alterationscosts related to the repair or maintenance activities specified in this Section 18.1 shall be included as a part of Operating Expenses, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
18.2. If Except for services of Landlord, if any, required by Section 18.1, Tenant fails shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and casualty damage excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an obligation of Landlord unless such failure shall persist for thirty (30) days (or such shorter time as may be reasonable in case of emergency) after Tenant provides Landlord with written notice of the Premises for need of such repairs or maintenance; provided, however, that if the nature of Landlord’s obligation is such that more than fifteen thirty (1530) days after notice from are required for its performance, then Landlord (although notice shall not be required deemed to be in an emergency)default if it commences performance within the thirty (30) day period and thereafter diligently pursues the cure to completion.
18.4. Repairs under this Article 18 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, Landlord may make except as otherwise provided in this Article 18.
18.5. This Article 18 relates to repairs and maintenance arising in the repairs, and Tenant shall pay the reasonable cost ordinary course of operation of the repairsBuilding and the Project and any related facilities. In the event of fire, together with an administrative charge earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 22 shall apply in an amount equal to fifteen percent (15%) lieu of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsArticle 18.
Appears in 1 contract
Sources: Lease (Sonus Pharmaceuticals Inc)
Repairs and Maintenance. Tenant’s 18.1. Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain the structural and maintenance exterior portions and Common Area of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises the Project, including roofing and covering materials; foundations (including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord. Landlord shall also maintain any utility meters serving the Premises, at Tenant’s sole cost and expense. Landlord will keep, manage and maintain the Building and the Project consistent with other similar properties in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ RoadSquare rental market, Tuckerand in full accordance with Applicable Laws. Landlord shall maintain (or provide for the maintenance) in a neat, Georgia 6 attractive and first-class condition all signs, roadways, landscaped areas, parking areas, sidewalks and entrances areas that are owned by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, excepting damage thereto from ordinary wear and tear and matters for which Tenant is not responsible under the terms of this Lease, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any usual and customary maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Premises; (d) Term, surrender the Easement Areas; (e) interior Premises to Landlord in as good a condition as when received, ordinary wear and exterior walls tear excepted and doors with the Tenant Improvements in substantially the same condition as existed upon completion of the BuildingTenant Improvements; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor coveringshall, interior partitionsat Landlord’s request and Tenant’s sole cost and expense, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, remove all wiring and related equipment (collectivelyother than low voltage wiring and cabling) installed by or on behalf of a Tenant Party (as defined below), “Cable”); (j) supplemental air conditioning units; and (k) Alterationsrepair any damage to the Premises caused thereby, includingunless instructed by Landlord not to do so, without limitationwhereupon Tenant shall surrender the Premises with all such material intact. Without limiting Landlord’s maintenance and repair obligations in this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any Initial Alterationspart thereof.
18.3. If Tenant fails Except as otherwise set forth herein, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time (determined under the particular circumstances) after Tenant provides Landlord with written notice (which may be given by e- mail to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%Building or property management office) of the cost need of such repairs or maintenance or after Landlord has independent, actual knowledge of such need. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4. This Article relates to repairs and maintenance arising in the ordinary course of operation of the repairsBuilding and the Project. To In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.5. Except to the extent otherwise provided in Section 9.1, costs incurred by Landlord is not reimbursed by insurance proceeds, Tenant pursuant to this Article shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsconstitute Operating Expenses.
Appears in 1 contract
Repairs and Maintenance. 17.1. Landlord shall repair and maintain the structural and exterior portions and Common Areas of the Buildings and the Project, including roofing and covering (structure and membrane) materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord.
17.2. Except for services of Landlord, if any, required by Section 17.1, Tenant shall at Tenant’s repair sole cost and maintenance obligations includeexpense maintain and keep the Premises and every part thereof in good condition and repair, without limitationdamage thereto from ordinary wear and tear excepted. Tenant shall, repairs to and maintenance of (a) upon the roof, foundation and structural elements expiration or sooner termination of the BuildingTerm, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; (b) mechanical (including HVAC)and shall, electricalat Landlord’s request, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone remove all telephone and data cablingsystems, wiring and related equipment (collectivelyfrom the Premises, “Cable”); (j) supplemental air conditioning units; and (k) Alterationsrepair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, includingremodel, without limitationimprove, repair, decorate or paint the Premises or any Initial Alterationspart thereof, other than as described in Exhibit C.
17.3. If Tenant fails Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
17.4. If any excavation shall be made upon land adjacent to or under the Buildings, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for more than fifteen (15) days after notice the purpose of performing such work as said person shall deem necessary or desirable to preserve and protect the Buildings from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord (although notice and without reducing or otherwise affecting Tenant’s obligations under this Lease to the extent Tenant’s Permitted Use of the Premises is not materially disrupted.
17.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Buildings and the Project. In the event of a casualty described in Article 23, Article 23 shall not be required apply in an emergency)lieu of this Article. In the event of eminent domain, Article 24 shall apply in lieu of this Article.
17.6. Costs incurred by Landlord may make the repairspursuant to this Article shall constitute Operating Expenses, and unless such costs are incurred due in whole or in part to any act, neglect, fault or omissions of Tenant or its employees, agents, contractors or invitees, in which case Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of Landlord the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) such repairs and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsmaintenance.
Appears in 1 contract
Sources: Lease (Halozyme Therapeutics Inc)
Repairs and Maintenance. Tenant’s With respect to repair and maintenance obligations include, without limitation, repairs to and maintenance of (aobligations:
A) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road’s Obligation to Repair and Maintain. Tenant shall be responsible for repairing and maintaining the Demised Premises in good condition and of making such modification or replacements thereof as may be necessary or required by law or ordinance, Tucker, Georgia 6 specifically including but not limited to the followings: - Foundation and structural components of the Premises; building - Roof, Gutters and downspouts - Exterior walls (dbut excluding windows, doors, window and door frames, glass) - Parking Lot, Driveway and Sidewalks Tenant shall keep and maintain the Easement Areas; (eDemised Premises in good repair and order at all times. Tenant shall be responsible for the maintenance, repair and replacement of, but not limited to, the following: - Heating, ventilation and air-conditioning systems - Windows, doors, window and door frames, glass - Plumbing - Electrical Systems - Doors and operation efficiencies thereof
B) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial AlterationsRemodeling. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency)do the following: - Paint, Landlord may make decorate, or any way change the repairs, and Tenant shall pay exterior (or the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%appearance) of the cost Demised Premises without prior written consent of Landlord. - Remodel, make additions, alterations or structural changes to the interior of the repairsDemised Premises without prior written consent of Landlord, which consent will not be unreasonably withheld. To the extent Landlord is not reimbursed by insurance proceeds- Remove, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) penetrate or otherwise alter any of the cost structural interior or Exterior walls without prior written consent of Landlord. - Enter upon the repairsroof or install or place any equipment, lines, wires, displays, advertising or anything else whatsoever thereon without the prior written consent of Landlord, which consent may be denied, conditioned or withheld at Landlord’s sole discretion.
Appears in 1 contract
Sources: Lease Agreement (UC Asset LP)
Repairs and Maintenance. Tenant’s 8.01 Tenant shall take good care of and maintain the Demised Premises and the fixtures and appurtenances therein.
8.02 Tenant shall be responsible for and shall promptly repair all damage or injury, whether structural or non-structural to the Demised Premises or any other part of the Building and maintenance obligations includethe systems, without limitationequipment, repairs to fixtures and maintenance of appurtenances thereof, caused by or resulting from: (a) the roofcarelessness, foundation and structural elements omission, neglect or improper conduct of the BuildingTenant or its subtenants, agents, contractors, employees, invitees or licensees; (b) mechanical (including HVAC)any work, electricallabor, plumbing and fire/life safety systems serving the Building and Premises in generalservice or equipment done for or supplied to Tenant or any subtenant; (c) the lawnany alteration, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Roadinstallation, Tucker, Georgia 6 use or operation of the PremisesTenant's or its subtenant's property or equipment; or (d) the Easement Areas; (e) interior moving of Tenant's fixtures, furniture and exterior walls equipment. Any repairs to the Building or the facilities or systems thereof shall be performed by Landlord, at Tenant's sole cost and doors expense, or at Landlord's option, by Tenant with contractors approved by Landlord.
8.03 Landlord shall maintain the structural and public portions of the Building; (f) interior . Tenant shall give Landlord prompt notice of any defective condition in the Demised Premises and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitionsfor which Landlord may be responsible hereunder.
8.04 Except as otherwise specifically provided in this Lease, kitchensLandlord shall have no liability and there shall be no allowance to Tenant, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice Tenant's obligations under this Lease shall not be required in an emergency)reduced or abated, for diminution of rental value or by reason of any inconvenience, annoyance or injury to Tenant's business arising from Landlord may make the or others making repairs, and Tenant shall pay the reasonable cost alterations, additions or improvements in or to any portion of the repairsBuilding, together with an administrative charge the Demised Premises or in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage or to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenantfixtures, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsappurtenances or equipment thereof.
Appears in 1 contract
Repairs and Maintenance. Tenant’s At all times, Subtenant shall keep the Premises, Parking, and Building in a neat, clean, and sanitary condition, keep the glass of all windows and doors clean and presentable, and keep the Building in a good state of repair. Subtenant will maintain and repair the walls, roof, and other structural components and building systems of the Building and will be responsible for repair and maintenance obligations include, without limitation, repairs to and maintenance of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC)interior portion of the Building and all painting, exposed electrical, plumbing and fire/life safety systems serving other utility systems, doors, glass and all of Subtenant’s personal property. Subtenant shall keep in good order, condition, and repair all heating and air conditioning equipment (“HVAC”) for the Building and Premises shall pay all costs and expenses with respect to the repair, replacement and maintenance of HVAC for the Building. Subtenant shall also reasonably maintain, operate and repair the utility systems within the Building, including the cost of connection to the utility distribution systems. Subtenant shall maintain the Premises, Parking, and Building in general; (c) such a way that it complies with relevant local law as it relates to the lawnremoval of snow and ice. This Sublease is intended and shall be construed to be a “triple net lease” and, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Roadexcept as may be specifically provided in this Sublease, TuckerSubtenant assumes all responsibilities, Georgia 6 duties, obligations, costs or expenses of any nature or any kind whatsoever, with respect to the operation, management, maintenance, repair, improvement, use or occupancy of the Premises; (d) . Notwithstanding the Easement Areas; (e) interior and exterior walls and doors foregoing, in the absence of an agreement with the Sublandlord to contribute its pro rata share or amortized costs based on the Internal Revenue Service’s stated useful life of the Building; (f) interior and exterior windows; (g) any elevators serving applicable assets against the Building; (h) floor coveringremaining Initial Term or Extended Term of the Sublease, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice Subtenant shall not be required in an emergency)obligated to replace or incur significant repair costs to the walls, Landlord may make the repairsroof, electric, plumbing, utility, and Tenant shall pay the reasonable cost HVAC systems (Major System(s)) within three (3) years of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) expiration of the cost Term of the repairs. To Sublease, except as is necessary to prevent an abandonment determination by the extent Landlord is not reimbursed by insurance proceedsCity of Glendale and as provided in Section 37.20, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure or to maintain the insurance coverage required Building sufficient to provide for the continuous operation of Subtenant’s then-existing business, if any; provided, however, this provision only applies when accompanied by this Lease and/or caused a notice of Subtenant of intent not to extend the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of Sublease beyond the cost of the repairsInitial Term or any Extended Term.
Appears in 1 contract
Sources: Asset Purchase Agreement (Medicine Man Technologies, Inc.)
Repairs and Maintenance. Tenant’s A. Landlord shall, at its sole cost and expense, maintain and repair and maintenance obligations include, without limitation, repairs to and maintenance of (a) the roof, foundation roof and structural elements of the Building; , the driveways and parking areas located on the Land, and, subject to Tenant’s maintenance and repair obligations in Paragraphs 12(b) and 12(c) below, the heating, ventilating, and air conditioning systems serving the Premises (b“HVAC”) mechanical (including HVAC)and the mechanical, electrical, and plumbing and fire/life safety systems currently serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, the “CableBuilding Systems”); (j) supplemental air conditioning units; . On the Commencement Date, Landlord shall deliver the HVAC and (k) AlterationsBuilding Systems in good order and repair.
B. Tenant will, includingat its cost and expense, without limitation, any Initial Alterations. If Tenant fails to maintain and repair the non-structural elements of the Premises and make any such repairs to the Premises as and when needed for more than fifteen its use and occupancy of the Premises and to preserve the Premises in substantially the same (15or better) days after notice from condition, as it existed at the Commencement Date, ordinary wear and tear and damage for which Landlord is responsible excepted (although notice shall not be required in an emergencythe “Building Maintenance”), Landlord may make to the repairs, and extent that such Building Maintenance is reasonably necessary during the Term hereof. Tenant shall pay be solely responsible for obtaining any services required by Tenant for its Permitted Use. With regard to the reasonable cost use and occupancy of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed Premises by insurance proceedsTenant, Tenant shall reimburse Landlord for at its sole expense, (1) keep the cost inside and outside of repairing damage all glass in the doors and windows of the Premises reasonably clean; (2) maintain the Premises in a clean, orderly and sanitary condition and free of insects, rodents, vermin and other pests; (3) keep any garbage, trash, rubbish or other refuse in containers until removed; and (4) have such garbage, trash, rubbish and refuse removed on a regular basis.
C. With respect to the HVAC and Building caused Systems, Tenant shall bear all costs of standard maintenance and repairs to such systems (i.e. routine/minor repairs and day-to-day maintenance occasioned by standard operational use of systems), including but not limited to, providing regular service for of the HVAC. Notwithstanding the foregoing or anything to the contrary contained herein, Landlord at it sole cost shall be responsible for any major repairs or replacements to the HVAC and Building Systems, and any maintenance or repairs or replacements costing in excess of $5,000.00; provided, however, that if any such repairs or replacement are required due solely to Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenantgross negligence or willful misconduct, then Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsshall be responsible for such costs.
Appears in 1 contract
Sources: Securities Purchase Agreement (Gloo Holdings, Inc.)
Repairs and Maintenance. Tenant’s 9.1 The Landlord shall repair and maintenance obligations includemaintain in good order and condition throughout the term of this Lease, without limitation, repairs to the exterior and maintenance of (a) the roof, foundation and structural elements structure of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, the Building’s roof, walls and foundation.
9.2 Throughout the term of this Lease the Tenant shall repair and maintain in good order and condition the entire interior of the Building including all glass in windows, doors or skylights, all parts of the plumbing and electrical systems within or on the Building, and the lighting fixtures within the Building. Tenant, at Tenant’s expense, shall purchase and install all lamps (including, but not limited to, incandescent and fluorescent) and ballasts used in the Building. The Tenant agrees to store all trash and garbage within the Building or in “dumpsters” or other receptacles located outside the Building but within the Leased Premises which dumpsters and other receptacles shall be provided at Tenant’s expense. The Tenant is responsible for maintenance of all HVAC equipment within or serving the Building. This service will be scheduled by the Landlord and its cost will be included in the additional rent schedule noted above in Paragraph 6.2.
9.3 Notwithstanding the foregoing, each party hereto shall make any Initial Alterationsrepairs of any kind necessitated by its own act, default or negligence, or that of its agents, servants, employees, licensees or contractors. In the event such repairs are necessitated by the act, default or negligence of Tenant, or that of its agents, servants, employees, licensees or contractors, Landlord may first notify Tenant of repair Landlord deems necessary for Tenant to make and give Tenant reasonable time to respond. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required respond in an emergency)a timely fashion, herein defined as two weeks, Landlord may make or cause the repairssame to be made, but shall not be obligated to do so, and Tenant shall agrees to pay the reasonable Landlord promptly upon Landlord’s demand, as Additional Rental, the full cost of the such repairs, together with an administrative charge in an amount equal if made. In the event Landlord elects not to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building make such repairs caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts act, default or negligence of Tenant, or that of its agents, servants, employees, licensees or contractors, Landlord may require Tenant Related Parties (as hereinafter defined) to promptly make such repairs at Tenant’s sole cost and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsexpense.
Appears in 1 contract
Sources: Commercial Lease (Biodel Inc)
Repairs and Maintenance. Tenant’s repair and maintenance obligations include, without limitation, repairs to and maintenance of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure i. Accommodation Services agree to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) structure of the cost property, the Accommodation, fixtures and fittings and to carry out repairs within a reasonable period of time after being notified of faults.
ii. Where a loss of power or heating occurs, the University will endeavour to remedy the situation as soon as reasonably practicable. Alternative areas will be provided for student use during any sustained loss of services.
iii. When refurbishment / redevelopment work is being carried out there may be some disturbance and noise. The University regret any inconvenience which may be caused. Any disruption will be minimised and work restricted to standard daytime hours.
iv. Accommodation Services has the right to come into the property to carry out reported repairs during reasonable times of the repairsday. You hereby agree to give such access as required. In an emergency, the University reserve the right to make forcible entry to the Accommodation and the property.
v. You must report to Accommodation Services as soon as reasonably possible any damage or loss to the property or the Accommodation. The following is not an exhaustive list, but it sets out the types of damage which most frequently occur, and which you should avoid: • ever deep frying in oil; • displaying stickers, notices, messages, etc. on the walls and doors; you should only use noticeboards for this purpose; • using adhesive tape or stickers on decorated surfaces • marking furniture – move it carefully, avoid scratches and take care with liquids and sprays (such as perfume) • marking floor coverings –irons, oil, wine, etc. • applying paint, stain, stencils or wallpaper • causing a blockage in any pipes or drains • not making sure the shower curtain is properly tucked in the shower • hanging washing from the ceiling • drying washing anywhere where there is not adequate ventilation • drying washing on the Accommodation heaters as this may be a fire risk
vi. You must allow the University at reasonable times to enter the Accommodation for the purpose of inspection, cleaning, maintenance or repair. The University will not normally inspect Accommodation more than once in each Accommodation term. The University will try to give You reasonable advance warning of when Accommodation inspections are due to take place, usually by email, but this may not always be practicable. You should note that it is unlikely to be practicable to give notice when maintenance or repair is required.
vii. You are also required to permit access for the University’s authorised contractors.
viii. The University has an obligation to run the water in your en-suite shower room or washbasin at least every 14 days to maintain water hygiene. For this reason we need to know if you are leaving your Accommodation at any time for a period of 14 days or more. This is particularly likely at the Christmas and Easter semester breaks but may also be relevant if you leave Stirling for an extended work placement or return home if you are ill for instance. You should understand that your Accommodation will be accessed by University staff during the period of your absence to run the water for a 5 minute period.
Appears in 1 contract
Sources: Occupancy Agreement
Repairs and Maintenance. Tenant’s A. Subject to provisions of paragraph 15, Lessor shall keep and maintain in good order, condition and repair and maintenance obligations include, without limitation, repairs to and maintenance of (a) the roof, foundation and structural elements of the Building; (b) mechanical (Premises including HVAC)the roof, electricalroof membrane, plumbing paving, floor slab, foundation, exterior walls, landscaping, irrigation and fire/elevators. Lessor shall make such repairs, replacements, alterations or improvements as Lessor deems reasonably necessary with respect to such structural elements and Lessee shall pay to Lessor, within ten days of Lessor's invoice to Lessee therefor, Lessee's pro-rata share of such repairs, replacements, alterations or improvements: provided however, that replacement and improvement costs shall be amortized over the useful-life safety systems serving of such replacements or improvements, and Lessee shall be obligated to Pay on a monthly basis, as additional rent, only the Building and Premises in general; (c) monthly-amortized amounts which coincide with the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 term of the Premises; (d) Lease, including any extensions. Notwithstanding the Easement Areas; (e) interior and exterior walls and doors foregoing, if the reason for any repair, replacement, alteration or improvement is caused by Lessee or arises because of a breach of Lessee's obligations under this Lease, then Lessee shall pay 100% of the Building; (f) interior costs or expense to remedy the same.
B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and exterior windows; (g) any elevators serving maintain the Building; (h) floor covering, interior partitions, kitchens, bathrooms entire Premises and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterationsevery part thereof, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency)windows, Landlord may make window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the repairsPremises, interior walls and partitions, and Tenant shall pay electrical, plumbing, fighting, heating, and air conditioning systems in good and sanitary order, condition, and repair. Lessee shall, at all times during the reasonable cost of the repairsLease term and at his expense, together with an administrative charge have in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs.effect a service contract
Appears in 1 contract
Sources: Assignment and Assumption of Lease (Brooktrout Technology Inc)
Repairs and Maintenance. 13.01. Tenant’s repair , at its expense, shall maintain the Demised Premises in good condition and, subject to Landlord's rights under Section 13.02, shall promptly make (i) all nonstructural repairs within the Demised Premises (excluding overhead plumbing lines, sprinklers, HVAC duct work, and maintenance obligations includeexterior windows) necessary to maintain such condition, without limitationprovided such repairs are not necessitated by the fault of Landlord, its agents, employees, contractors or invitees, and (ii) all structural repairs, as well as all repairs to the nonstructural items excluded above, necessitated by the fault of Tenant, its agents, employees, contractors, or invitees or by the making of Alterations. Landlord, at its expense, shall make repairs for which Tenant is not responsible that are necessary to maintain the Demised Premises and Building in good condition.
13.02. Landlord shall give Tenant reasonable notice of Landlord's intention to make repairs for which Landlord is responsible and shall so make them as to minimize interference with Tenant's business operations to the extent within Landlord's reasonable control (but the foregoing shall not be construed to obligate Landlord to make such repairs outside of Business Hours, as hereinafter defined). Tenant shall give Landlord and other affected tenants in the Building reasonable notice of Tenant's intention to make repairs for which Tenant is responsible and shall so make them as to minimize interference with other tenants' business operations and with the operation and maintenance of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC). Notwithstanding, electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 foregoing provisions of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency)this Section, Landlord may make the repairsmay, on notice to Tenant and at Tenant's expense, elect to perform any repair for which Tenant is responsible, whereupon Tenant shall pay deposit with Landlord the amount estimated by Landlord to be the reasonable cost of the such repairs, together with an administrative charge in an amount equal subject to fifteen percent refund to Tenant or additional payment to Landlord when the actual cost (15%which shall be reasonable) of is determined at the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost completion of the repairs.
Appears in 1 contract
Repairs and Maintenance. Tenant’s repair 18.1. As further detailed on Exhibit J attached hereto and maintenance obligations includeincorporated herein by reference, without limitationLandlord shall repair, repairs to replace and maintenance of maintain in accordance with standards for comparable first-class buildings in the Rockville, Maryland area and in accordance with all Applicable Laws (a) the roofCommon Areas, foundation and structural elements of the Building; (b) mechanical the structural and exterior portions of the Building and the Project, including without limitation roofing and covering materials, foundations and exterior walls (including HVACcollectively, the "Structural Building Improvements"), and (c) upon Tenant's request for a Turnover pursuant to Article 43, following the Turnover Date, the elevators and the base Building plumbing, fire and life safety, heating, ventilating, air conditioning, electrical, plumbing security and fire/life safety mechanical systems serving (collectively, the "Building System Improvements").
18.2. As further detailed on Exhibit J attached hereto and incorporated herein by reference, Tenant shall at Tenant's sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, it being understood and agreed by Landlord that ordinary wear and tear for purposes of this Lease shall mean operation of the Building and Premises in general; (c) the lawnBuilding systems 24 hours per day, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road7 days per week, Tucker365 days per year. Tenant shall, Georgia 6 upon the expiration or sooner termination of the Premises; (d) Term, surrender the Easement Areas; (e) interior Premises to Landlord in as good a condition as when received, ordinary wear and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning unitstear excepted; and shall remove all of Tenant's personal property listed on Exhibit H attached hereto and incorporated herein by reference (k) Alterationswhich list may be updated from time to time by Tenant, includingsubject to Landlord's prior written approval, without limitationsuch approval not to be unreasonably withheld, conditioned or delayed), and repair any Initial Alterationsdamage to the Premises caused thereby. If Tenant fails Upon such surrender, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof.
18.3. Except as otherwise set forth herein, Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an obligation of Landlord except as set forth in Section 31.14.
18.4. If any excavation shall be made upon land adjacent to the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for more than fifteen (15) days after notice the purpose of performing such work as said person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord (although notice shall and without reducing or otherwise affecting Tenant's obligations under this Lease, provided Tenant's use of the Premises will not be required materially and adversely interfered with in an emergency)connection therewith.
18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord may make the repairspursuant to this Article shall constitute Operating Expenses, and unless such costs are incurred due in whole or in part to any act, neglect, fault or omissions of Tenant or its employees, agents, contractors or invitees, in which case Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of Landlord the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) such repairs and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsmaintenance.
Appears in 1 contract
Sources: Lease (Macrogenics Inc)
Repairs and Maintenance. Tenant’s A. Except as expressly set forth in Section 5.F below, Tenant shall, at its own cost and expense, keep and maintain all parts of the premises in good condition, promptly making all necessary repairs and replacements, interior and exterior, structural and non-structural, ordinary and extraordinary, including but not limited to, windows, glass and plate glass, doors and any special office entry, walls and finish work, floors and floor covering, roof, foundation, down- spouts, gutters, heating and air conditioning systems, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, termite and pest extermination, regular removal of trash and debris, regular mowing of any grass, trimming, weed removal and general landscape maintenance, including rail spur areas, keeping the parking areas, driveways, alleys and the whole of the premises in a clean and sanitary condition, and maintaining any spur track serving the premises (Tenant agrees to sign a joint maintenance agreement with the railroad company servicing the premises, if requested by the railroad company). Tenant shall at its own cost and expense repaint exterior overhead doors, canopies, entries, handrails, gutters, and other exposed parts of the building which reasonably require periodic repainting to prevent deterioration or to maintain aesthetic standards.
B. The cost of maintenance and repair of any common party wall (any wall, divider, partition or any other structure separating the premises from any adjacent premises occupied by other tenants) shall be shared equally by Tenant and maintenance obligations includethe tenant occupying adjacent premises. Tenant shall not damage any party wall or disturb the integrity and support provided by any party wall and shall, without limitationas its sole cost and expense, repairs promptly repair any damage or injury to any party wall caused by Tenant or its employees, agents or invitees.
C. In the event the premises constitute a portion of a multiple occupancy building, Tenant and maintenance of (a) its employees, customers and licensees shall have the exclusive right to use the parking areas, if any, as may be designated by Landlord in writing, subject to such reasonable rules and regulations as Landlord may from time to time prescribe, Further, in multiple occupancy buildings, Landlord reserves the right to perform the roof, foundation paving, and structural elements of the Building; (b) mechanical (including HVAC)landscape maintenance, electrical, exterior painting and common sewage line plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairswhich are otherwise Tenant's obligations under subparagraph A above, and Tenant shall pay the reasonable cost shall, in lieu of the repairsobligations set forth under subparagraph A above with respect to such items, together with an administrative charge be liable for its proportionate share (as defined in an amount equal to fifteen percent (15%subparagraph 4(B) above) of the cost and expense of the repairscare for the grounds around the building, including but not limited so, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord shall have the right to require Tenant so pay such other reasonable proportion of said mowing, shrub care and general landscaping costs as may be determined by Landlord in its sole discretion; and further provided that if Tenant or any other particular tenant of the building can be clearly identified as being responsible for obstruction or stoppage of the common sanitary sewage lien then Tenant, if Tenant is responsible, or such other responsible tenant, shall pay the entire cost thereof, upon demand, as additional rent. To Tenant shall pay when due its share, determined as aforesaid, of such costs and expenses along with the extent other tenants of the building to Landlord is not reimbursed by insurance proceedsupon demand, as additional rent, for the amount of its share as aforesaid of such costs and expenses in the events Landlord elects to perform or cause to be performed such work. (See Addendum Paragraph 3)
D. In the event the premises constitute a portion of a multiple occupancy building, Landlord shall be responsible for coordinating any repairs and other maintenance of any rail tracks serving or to serve the building, and if Tenant uses such rail tracks, Tenant shall reimburse Landlord from time to time upon demand, as additional rent, for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) a share of the costs of such repairs and maintenance and any other sums specified in any agreement to which Landlord is a party respecting such tracks, such share so be a fraction the numerator of which is the space contained in the premises, and the denominator of which is the entire space occupied by rail users in the building.
E. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all heating and air conditioning systems and equipment within the premises. The maintenance contractor and the contract must be approved by Landlord. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to Landlord) within thirty (30) days of the repairs.date Tenant takes possession of the premises. (See Addendum Paragraph 4)
Appears in 1 contract
Repairs and Maintenance. Tenant’s 18.1. Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain the structural and maintenance of (a) the roof, foundation and structural elements exterior portions of the Building; (b) mechanical (, including the roof and Common Areas of the Project.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant, at its sole cost and expense, shall maintain and keep the Premises, all improvements thereon, and all appurtenances thereto, including, sewers, water, gas and electrical distribution systems and facilities, drainage facilities, and all signs, both illuminated and non-illuminated that are now or hereafter on the Premises, in good condition and in a manner consistent with the Permitted Use. Tenant shall make all repairs, replacements and improvements, including all HVAC), electrical, plumbing and fire/life safety systems serving electrical repairs, replacements and improvements required, and shall keep the Building same free and Premises in general; (c) clear from all rubbish, debris, insects, rodents and other vermin and pests. Tenant shall, no later than January 31st of each calendar year during the lawnTerm, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 provide to Landlord a copy of the Premises; (d) the Easement Areas; (e) interior budget for maintenance, repairs and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to replacements at the Premises for more than fifteen the preceding calendar year, as well as a detailed summary of the amounts actually expended by Tenant during such period for maintenance, repairs and replacements at the Project. All repairs made by Tenant shall be at least equal in quality to the original work, and shall be made only by a licensed, bonded contractor approved in advance by Landlord; provided, however, that such contractor need not be bonded or approved by Landlord if the non-structural alterations, repairs, additions or improvements to be performed do not exceed Twenty-Five Thousand Dollars (15$25,000) days after notice from in value. Landlord (although notice may impose reasonable restrictions and requirements with respect to such repairs. Tenant shall not take or omit to take any action, the taking or omission of which shall cause waste, damage or injury to the Premises. Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold harmless Landlord from and against any and all Claims (as defined in Section 12.12)) arising out of the failure of Tenant or Tenant’s Agents to perform the covenants contained in this paragraph. “Tenant’s Agents” shall be required defined to include Tenant’s officers, employees, agents, contractors, invitees, customers and subcontractors. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, unless such costs are incurred due in an emergency)whole or in part to any act, Landlord may make the repairsneglect, and fault or omissions of Tenant or its employees, agents, contractors or invitees, in which case Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of Landlord the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) such repairs and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsmaintenance.
Appears in 1 contract
Sources: Lease Agreement (Bionovo Inc)
Repairs and Maintenance. Tenant’s 17.1. Landlord shall repair and maintenance obligations includemaintain the structural and exterior portions and Common Area of the Building and the Property, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; common fire sprinkler systems (but excluding sprinkler heads which must be maintained by Tenant); base building HVAC systems (but excluding air handlers exclusively serving the Premises which must be maintained by Tenant); common elevators; and common electrical systems installed or furnished by Landlord.
17.2. Except for services of Landlord, if any, required by Section 17.1 hereof, Tenant will take good care of the Premises and the fixtures and improvements therein (including, without limitation, repairs to all walls, doors, ceilings and maintenance of lighting fixtures) and all electrical, plumbing, mechanical and HVAC equipment exclusively serving the Premises (a) the roofbut excluding all common utilities and common HVAC systems and all electrical, foundation plumbing, mechanical and structural elements HVAC equipment serving portions of the Building; Building other than the Premises) and all sprinkler heads located in the Premises, will make all repairs and replacements thereto (b) mechanical (including HVAC)excluding structural repairs and replacements, electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation unless caused by ▇▇▇▇ ▇▇▇’s acts or omissions), whether foreseen or unforeseen, ordinary or extraordinary, so as to keep the Premises in a first class condition and state of repair, reasonable wear and tear excepted, and will neither commit nor suffer any active or permissive waste or injury thereof, and shall, within fifteen (15) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant’s responsibilities shall include the maintenance, repair and replacement of all of Tenant’s signage (both interior and exterior) and all other facilities and equipment of Tenant located outside of the Premises and all improvements, systems, equipment, and other installations, including, without limitation, all related lines, conduits, pipes, cabling, connections and the like, located outside of the Premises that were installed by Tenant or installed by Landlord for Tenant as part of the Tenant Improvements or otherwise pursuant to this Lease. Landlord will maintain any Building standard air handler or Building standard condenser that exclusively serves the Premises (but any specialty equipment, such as Liebert type units and HEPA filtration units, shall remain Tenant’s responsibility) and sprinkler heads located in the Premises, but Tenant shall be solely responsible for the cost thereof as Additional Rent. Tenant’s responsibilities in conjunction therewith shall also include, but not be limited to, the cleaning of window coverings, mini-blinds and shades, the shampooing and re-stretching of carpet, and the regular painting and decorating of the Premises so as to maintain the Premises in a first-class condition and state of repair. All bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Tenant at Tenant’s cost and expense and must comply with Landlord’s sustainability practices, including any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time. All such repair work and maintenance and any alterations permitted by Landlord shall be done at Tenant’s sole cost and expense by persons or contractors selected by ▇▇▇▇▇▇ and consented to in writing by Landlord. Tenant shall, at Tenant’s expense, but under the direction of Landlord, by contractors selected by ▇▇▇▇▇▇ and consented to in writing by Landlord, promptly repair any injury or damage to the Premises or Building caused by the misuse or neglect thereof by Tenant, by ▇▇▇▇▇▇’s contractors, subcontractors, customers, employees, licensees, agents, or invitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, or by Tenant moving in or out of the Premises. Tenant shall be responsible for all janitorial service, trash removal and biological and hazardous waste removal (if applicable) from the Premises. Tenant covenants and agrees, at its sole cost and expense: (a) to comply with all present and future laws, orders and regulations of the Federal, State, county, municipal or other governing authorities regarding the collection, sorting, separation, and recycling of garbage, trash, rubbish and other refuse (collectively, “trash”); (b) to comply with Landlord’s recycling policy as part of Landlord’s sustainability practices where it may be more stringent than applicable law; (c) to sort and separate its trash and recycling into such categories as are provided by law or Landlord’s sustainability practices; (d) that Landlord reserves the right to refuse to collect or accept from Tenant any waste that is not separate and sorted as required by Applicable Laws or Landlord’s sustainability practices, and to require Tenant to arrange for such collection at Tenant’s sole cost and expense, utilizing a contractor satisfactory to Landlord; and (e) that Tenant shall pay all costs, expenses, fines, penalties or damages that may be imposed on Landlord or Tenant by reason of Tenant’s failure to comply with the provisions of this Section.
17.3. Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 ’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
17.4. If any excavation shall be made upon land adjacent to or under the Building; (f) interior and exterior windows; (g) any elevators serving , or shall be authorized to be made, Tenant shall afford to the Building; (h) floor coveringperson causing or authorized to cause such excavation, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails license to make any repairs to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease.
17.5. Landlord shall clean the exterior of the exterior windows of the Building no more than fifteen two (152) days after notice from Landlord (although notice times per year. Tenant, at Tenant’s sole cost and expense, shall not be required in an emergency), Landlord may make responsible for the repairs, and Tenant shall pay the reasonable cost regular cleaning of the repairsinterior of the exterior windows and any interior windows consistent with Tenant’s obligations under Section 17.2.
17.6. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Property. In the event of a casualty described in Article 23, together with an administrative charge Article 23 shall apply in an amount equal lieu of this Article. In the event of eminent domain, Article 24 shall apply in lieu of this Article.
17.7. Costs incurred by Landlord pursuant to fifteen percent (15%) of this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance caused by Tenant’s acts, neglect, fault or omissions exceeds the repairs. To the extent Landlord is not reimbursed limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance proceedsmaintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the cost deductible therefor any increase in premium resulting from such claim within thirty (30) days after receipt of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsinvoice therefor.
Appears in 1 contract
Sources: Lease (Carisma Therapeutics Inc.)
Repairs and Maintenance. Tenant’s 18.1 Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain the structural and maintenance exterior portions and Common Area of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); base Building HVAC systems (for purposes of clarity, any supplemental HVAC serving the Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 Tenant equipment shall not be part of the base Building HVAC and shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); elevators; and base Building electrical systems installed or furnished by Landlord.
18.2 Except for services of Landlord, if any, required by Section 18.1, and subject to Landlord’s obligations under this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including any supplemental HVAC serving the Premises; , and any other Tenant systems or equipment exclusively serving the Premises) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear or from casualty and condemnation excepted (dsubject to the terms of Sections 24 and 25 below), and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the Easement Areas; (e) interior and exterior walls and doors expiration or sooner termination of the BuildingTerm, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty and condemnation excepted (subject to the terms of Sections 24 and 25 below) and with the Tenant Improvements in substantially the same condition as existed on the Term Commencement Date; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor coveringshall, interior partitionsat Landlord’s request and Tenant’s sole cost and expense, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone remove all telephone and data cablingsystems, wiring and related equipment from the Premises (collectivelywith respect to wiring, “Cable”only to the extent installed by a Tenant Party (as defined below); (j) supplemental air conditioning units; ), and (k) Alterationsrepair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, includingremodel, without limitationimprove, repair, decorate or paint the Premises or any Initial Alterations. If Tenant fails part thereof.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease except to the extent that (a) such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance, or (b) such failure arises from Landlord’s gross negligence or willful misconduct. Tenant shall provide written notice to Landlord of any needed maintenance or repairs which Landlord is obligated to perform under this Lease, and Landlord shall use reasonable good faith efforts to undertake such maintenance or repairs as soon as reasonably possible after receipt of such notice. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; subject to compliance with Tenant’s reasonable security procedures and so long as Landlord is using commercially reasonable efforts to minimize any material adverse interference with Tenant’s use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, subject to the exclusions set forth in Section 9.1(c).
18.7 Notwithstanding anything to the contrary in this Lease, in the event of emergency that results in an interruption in services to the Premises for more than fifteen that has the reasonable potential to become a material interference to the operation of Tenant’s equipment or the Premises with a material adverse effect on the conduct of Tenant’s business, if Landlord has not commenced restoring such services within forty-eight (1548) days hours after written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairsTenant, and the failure to commence such restoration is not due to the unavailability of necessary equipment, parts, materials or labor or other Force Majeure, then Tenant shall pay have the right, but not the obligation, to take such action and perform such work as is reasonably necessary to repair any portion or component of the Premises, Building or the Project to the extent necessary to restore such services to the Premises; provided, however, that (a) Tenant shall give Landlord as much advance written notice as reasonably practicable of the actions it is taking, (b) in no event shall Tenant be permitted access to, or to take any action that would reasonably be expected to affect, any equipment or facilities that serve other tenants’ premises in the Building or the Project, and (c) in exercising its rights under this Section 18.7. Tenant shall be solely responsible for, and shall reimburse, indemnify, defend and hold harmless and release Landlord and its affiliates and their respective directors, officers, shareholders, members, employees, contractors and agents for, from and against, any Claims suffered or incurred by Landlord, any other tenant or any other person or entity caused by or arising from the actions taken by Tenant, including but not limited to any damage or injury to persons or property (subject to Landlord’s obligations under the last sentence of this paragraph). Tenant shall use commercially reasonable efforts to minimize interference with the rights of other tenants to use their respective premises in the Building, and all work done in accordance herewith must be performed at a reasonable and competitive cost and expense. If the emergency situation resulting in the interruption of services to the Premises addressed by Tenant under this Section is due to the negligence or intentional misconduct of Landlord or its agents, contractors or employees, or if the work performed by Tenant to remedy such interruption of services to the Premises is not Tenant’s sole responsibility under the terms and conditions of this Lease, then Landlord agrees to reimburse Tenant for the reasonable cost of the repairs, together with an administrative charge in an amount equal work performed by Tenant pursuant to fifteen percent this Section within thirty (15%30) days of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsinvoice.
Appears in 1 contract
Repairs and Maintenance. Tenant’s 18.1. Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain the structural and maintenance of (a) the roof, foundation and structural elements exterior portions of the Building; (b) mechanical Building (including HVAC), electrical, plumbing the roof and fire/life safety systems serving any structural or exterior portions of Common Areas in the Building Demised Premises) and Premises in general; (c) the lawn, walkways structural and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 exterior and interior portions of the Premises; (d) the Easement Common Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitationlimitations, hot water heaters roofing and similar facilitiescovering materials, foundations, exterior walls, the plumbing, fire sprinkler system (if any), heating, ventilating, air conditioning, elevator, and electrical systems and/or equipment(excluding any Building Systems exclusively serving the Demised Premise) installed or furnished by Landlord (and the full cost thereof shall be included as a part of Operating Expenses); (i) electronic, fiberunless such maintenance or repairs are required in whole or in part because of any act, phone neglect, fault of or omissions of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such maintenance and data cablingrepairs.
18.2. Subject to Section 22 and except for services of Landlord, wiring if any, required by Sections 18.1, Tenant shall at Tenant’s sole cost and related equipment (collectivelyexpense keep the Demised Premises and every part thereof in good condition and repair, “Cable”); (j) supplemental air conditioning units; damage thereto from ordinary wear and (k) Alterationstear excepted, including, without limitation, all Building Systems exclusively serving the Demised Premises. Subject to Section 22, Tenant shall, upon the expiration or earlier termination of this Lease, surrender the Demised Premises to Landlord in as good as condition as when received, ordinary wear and tear excepted. Other than as specifically set forth in Section 18.1 and in the Work Letter, Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Demised Premises or any Initial Alterationspart thereof.
18.3. If Tenant fails Landlord shall not be liable for any failure to make any repairs or to perform any maintenance which is an obligation of Landlord unless such failure shall persist for an unreasonable time after written notice of the Premises for more than fifteen (15) days after notice from need of such repairs or maintenance is given to Landlord (although notice by Tenant. Tenant waives the rights under any applicable law, statute or ordinance now or hereafter in effect to make repairs at Landlord’s expense.
18.4. Repairs under this Article 18 which are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses.
18.5. This Article 18 relates to repairs and maintenance arising in ordinary course of operation of the Building and any related facilities. In the event of fire, earthquake, flood, vandalism, war, or similar cause of damage or destruction, this Article 18 shall not be required in an emergency), Landlord may make applicable and the repairs, provisions of Article 22 shall apply and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairscontrol.
Appears in 1 contract
Sources: Lease (Emergent BioSolutions Inc.)
Repairs and Maintenance. Tenant’s repair 18.1. Landlord shall repair, maintain and maintenance obligations include, without limitation, repairs to keep in good condition the structural and maintenance exterior portions and Common Areas of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in general; (c) good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 expiration or sooner termination of the PremisesTerm, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; (d) the Easement Areas; (e) interior and exterior walls shall, at Landlord’s request and doors of the Building; (f) interior Tenant’s sole cost and exterior windows; (g) any elevators serving the Building; (h) floor coveringexpense, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone remove all telephone and data cablingsystems, wiring and related equipment (collectivelyfrom the Premises, “Cable”); (j) supplemental air conditioning units; and (k) Alterationsrepair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, includingremodel, without limitationimprove, repair, decorate or paint the Premises or any Initial Alterationspart thereof, other than as described in Exhibit B.
18.3. If Tenant fails Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for more than fifteen (15) days after notice the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord (although notice shall not be required and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5. This Article relates to repairs and maintenance arising in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost ordinary course of operation of the repairsBuilding and the Project. In the event of a casualty described in Article 24, together with an administrative charge Article 24 shall apply in an amount equal lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant this Article shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsconstitute Operating Expenses.
Appears in 1 contract
Sources: Lease (Infinity Oil & Gas Co)
Repairs and Maintenance. (See also Article 66) ----------------------------------------------
A. Supplementing Article 4, Tenant shall perform, at Tenant’s repair 's sole expense, to the satisfaction of Landlord reasonably exercised, all necessary repairs (except those caused by or resulting from carelessness, omission, neglect or improper conduct of Landlord or Landlord's servants, employees, invitees or licensees, which shall be repaired by Landlord at Landlord's expense) to and routine or other maintenance obligations includeof any of the following:
(1) Any plumbing, electrical, heating, ventilating, air conditioning, exhaust, sewage, sprinkler or fire warning system, or any part, fixture, pipe, conduit, duct or other element thereof, wherever located and whether installed by Landlord or Tenant (a) which is utilized to furnish service exclusively to the demised premises or (b) which is a horizontal pipe, conduit, duct or other element off a vertical riser, pipe, conduit or duct, which horizontal element furnishes service exclusively to the demised premises, whether located within the space of the demised premises or the exterior or interior walls of the building. Included within the foregoing, without limitation, are any sinks, toilets, tubs, outlets, lighting fixtures, signs, cables, electric panel boxes, fuses, radiators, heaters, air-handling units, vents, hoods, floor drains or 45 sprinkler heads or pipes which are utilized solely within the demised premises.
(2) Any entrance or interior doors or any interior windows or security gates in the demised premises.
B. Throughout the term of this Lease, Landlord shall maintain and operate the 521 Building at at least the same levels of appearance and efficiency as prevailed on the date of execution of this Lease. Landlord shall perform, at Landlord's sole expense, all necessary repairs (except those caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's servants, employees, sub-tenants, invitees or licensees, which, whether structural or non-structural in nature, shall be repaired by Tenant as provided in Article 4) to and routine or other maintenance of any of the following:
(a1) Any plumbing, electrical, heating, ventilating, air conditioning, exhaust, sewage, sprinkler or fire warning system, or any part, fixture, pipe, conduit, duct or other element thereof, which is utilized to furnish service to the roofdemised premises in common with other apace in the 521 Building, foundation and except that horizontal pipes, conduits, ducts or other elements as described in subparagraph A(1) of this Article 49 shall not be Landlord's responsibility under this paragraph B.
(2) All structural elements of the Building; (b) mechanical 521 Building (including HVAC)exterior windows) including such repairs as are necessary to keep the building in a water-tight condition.
C. Tenant shall be solely responsible, electricalat Tenant's sole expense, plumbing for the removal from the demised premises and fire/life safety systems the 521 Building and disposal of all debris, rubbish and waste arising from its operations. Debris and rubbish from conduct of construction operations, including the Initial Improvements, in the demised premises shall be removed from the building by Tenant's contractors performing same. The removal and disposal of normal office rubbish, including stationery, lunchroom waste and other paper waste, shall be arranged for by Tenant. Medical waste, chemical waste and radioactive waste from Tenant's operations shall be separately containerized, packed, labeled and manifested in accordance with all applicable Federal, State and City regulations, and removed and disposed of from the building with reasonable frequency. Only the freight elevators shall be 46 used for the removal of all Tenant's waste from the building, and no medical, chemical or radioactive waste shall be deposited on or suffered to be left on Landlord's ground floor loading dock serving the Building building.
D. Landlord will perform routine maintenance and Premises in general; (c) the lawncleaning and necessary repairs, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Roadat Landlord's sole expense, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior passenger and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any freight elevators serving the Building; (h) floor coveringdemised premises and of the areas of facilities within or without the 521 Building used in common by Tenant and other occupants of the building, interior partitionsexcept that any elevator damage caused by the negligent or willful act or omission of Tenant or Tenant's employees, kitchenscontractors, bathrooms agents, subtenants, licensees or invitees shall be repaired at Tenant's sole expense.
E. In addition to the parties' respective obligations under the preceding paragraphs A, B and restrooms (includingD of this Article 49, each party to this Lease shall be responsible for making, at its own expense, the additional repairs, whether structural or non-structural, necessitated by its delay or failure to make the repairs required in a timely manner after written notice by the other party to do so, except where such delay or failure is caused by or arises out of Acts of God or other circumstances beyond the control of the responsible party.
F. Tenant shall designate one person who alone shall communicate to Landlord's Real Estate Manager the Tenant's requests for repairs required to be made by Landlord under the terms of this Article and requests for additional services under Article 45 D and Article 54.
G. To the extent feasible, Landlord will give Tenant access on a 24-hour basis to areas in the 521 Building other than the demised premises, including without limitation, hot water heaters the roof, sewage ejector and similar facilitiesthe exterior walls of the buildings and shaft-ways, systems and/or equipment); (i) electronic, fiber, phone that may be necessary in order for Tenant to effect the repairs and data cabling, wiring maintenance required of Tenant under this Article and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; Article 4 of this Lease and (k) Alterations, including, without limitation, any Initial Alterationsto perform Tenant's alterations pursuant to Article 50. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay obtain the reasonable cost consent of the repairs, together with an administrative charge in an amount equal Landlord's Real Estate Manager to fifteen percent (15%) of the cost of the repairsenter such areas. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord be solely responsible for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the all acts of Tenant, all persons whom Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal directs or allows to fifteen percent (15%) of the cost of the repairs.enter such areas pursuant to this paragraph G.
Appears in 1 contract
Sources: Lease Agreement (Impath Inc)
Repairs and Maintenance. 18.1. Landlord shall repair and maintain the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, the portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, and any supplemental HVAC serving the Premises shall not be part of the base Building HVAC and shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); elevators; and base Building electrical systems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (including but not limited to the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment from the Premises (with respect to wiring, only to the extent installed by a Tenant Party (as defined below)), and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof.
18.3. Throughout the Term of the Lease, Tenant shall, at Tenant’s sole cost and expense, maintain copies of all service contracts, service, repair and maintenance obligations includerecords, without limitationand inspection reports on all equipment installed by or maintained by Tenant. Tenant shall, repairs within ten (10) days after receipt of written notice from Landlord, provide to and Landlord any maintenance of (a) the roofrecords, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) service or inspection reports that Landlord reasonably requests.
18.4. Landlord shall not be liable for any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Except as otherwise set forth in Section 31.13 of this Lease, Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.5. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for more than fifteen (15) days after notice the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord (although notice and without reducing or otherwise affecting Tenant’s obligations under this Lease, provided, however, that in any such event Landlord shall not be required use reasonable efforts to minimize disruption of Tenant’s business operations.
18.6. This Article relates to repairs and maintenance arising in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost ordinary course of operation of the repairsBuilding and the Project. In the event of a casualty described in Article 24, together with an administrative charge Article 24 shall apply in an amount equal lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.7. Costs incurred by Landlord pursuant to fifteen percent (15%) of this Article, other than pursuant to Section 18.5, shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the repairs. To the extent Landlord is not reimbursed limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance proceedsmaintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the cost deductible therefor within thirty (30) days after receipt of repairing damage to the Building caused by Tenant’s failure to maintain an invoice therefor (or, if Landlord has not obtained or maintained the insurance coverage it is required by to obtain and maintain pursuant to this Lease and/or caused Lease, Landlord shall pay such excess, other than what the acts deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsinvoice therefor).
Appears in 1 contract
Sources: Lease (Cyclerion Therapeutics, Inc.)
Repairs and Maintenance. Tenant’s 18.1. Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain the structural and maintenance exterior portions and Common Area of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises in general; (c) for purposes of clarity, the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises; (d) , and any supplemental HVAC serving the Easement Areas; (e) interior and exterior walls and doors Premises shall not be part of the Buildingbase Building HVAC and shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); elevators; and base Building electrical systems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (f) interior including but not limited to the portion of the HVAC system that includes the first damper or isolation valve and exterior windows; (g) extends into and through the Premises, any elevators supplemental HVAC serving the Building; Premises, and any other systems or equipment exclusively serving the Premises) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (h10) floor coveringdays after receipt of written notice from Landlord, interior partitionsprovide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, kitchensupon the expiration or sooner termination of the Term, bathrooms vacate and restrooms (includingsurrender the Premises to Landlord in broom-clean and vacant condition, without limitationwith Tenant’s Property removed consistent with the terms of Section 17.7, hot water heaters and similar facilitiesany damage caused by removal of Tenant’s Property repaired, systems and/or equipment); (i) electronicand shall, fiberat Landlord’s request and al Tenant’s sole cost and expense, phone cure all violations of Tenant’s obligations under the first sentence of Section 18.2 and remove all of Tenant’s telephone and data cabling, systems and their associated wiring and related equipment from the Premises, and repair any damage to the Premises caused thereby (collectively, the “CableSurrender Obligations”); (j) supplemental air conditioning units; , notwithstanding any Restoration Deposit. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and (k) Alterations, including, without limitation, provisions of the Work Letter.
18.3. Landlord shall not be liable for any Initial Alterations. If Tenant fails failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Notwithstanding the foregoing, in no event shall Landlord be liable for any consequential damages, opportunity costs or lost profits incurred or suffered by Tenant in connection with the foregoing. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for more than fifteen (15) days after notice the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord (although notice shall not be required and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5. This Article relates to repairs and maintenance arising in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost ordinary course of operation of the repairsBuilding and the Project. In the event of a casualty described in Article 24, together with an administrative charge Article 24 shall apply in an amount equal lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to fifteen percent (15%) of this Article shall constitute Operating Expenses. Notwithstanding the foregoing, to the extent that the cost of such repairs and maintenance arising from Tenant’s acts, neglect, fault or omissions (but not gross negligence or willful misconduct) exceeds the repairs. To the extent Landlord is not reimbursed limits of any insurance maintained or required to be maintained by Tenant pursuant to this Lease but are covered by insurance proceedsmaintained or required to be maintained by Landlord under this Lease, then Landlord shall file a claim for such excess pursuant to Landlord’s insurance and Tenant shall reimburse Landlord for the cost deductible therefor within thirty (30) days after receipt of repairing damage to the Building caused by Tenant’s failure to maintain an invoice therefor (or, if Landlord has not obtained or maintained the insurance coverage it is required by to obtain and maintain pursuant to this Lease and/or caused Lease, Landlord shall pay such excess, other than what the acts deductible would have been had Landlord obtained and maintained the requisite insurance, which Tenant shall pay to Landlord within thirty (30) days after receipt of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsinvoice therefor).
Appears in 1 contract
Sources: Lease (Lyell Immunopharma, Inc.)
Repairs and Maintenance. Tenant’s The Lessee covenants and agrees at its sole expense to keep and maintain in good order and first class condition and repair the interior and maintenance obligations include, without limitation, repairs to and maintenance of (a) the roof, foundation and structural elements nonstructural portions of the Building; (b) mechanical (including HVAC)Leased Premises, electricalvisible plumbing, plumbing light bulbs, paint and fire/life safety systems serving wallpaper on interior walls, ceiling tiles, and similar things used exclusively for the Building Leased Premises, heating and air conditioning equipment, and further agrees to replace any of said equipment when necessary. Such cost of HVAC will not exceed $500.00 annually. Lessee shall keep the Leased Premises in general; (c) and the lawnFixtures and equipment therein a clean, walkways safe and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 sanitary condition. The Lessee shall keep and maintain all portions of the Premises; (d) Leased Premises and the Easement Areas; (e) interior sidewalk and exterior walls areas adjoining the same in a clean and doors orderly condition, free of accumulation of dirt, rubbish, snow and ice. Lessee shall conserve heat, air conditioning, water, and electricity and shall use due care in the use of the Building; (f) interior Leased Premises and exterior windows; (g) any elevators serving of the Building; (h) floor coveringcommon areas on the Property and without qualifying the foregoing, interior partitionsshall not neglect or misuse water fixtures, kitchens, bathrooms electric lights and restrooms (including, without limitation, hot water heaters heating and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterationsapparatus. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant Lessee shall pay the reasonable cost of the repairspromptly to Lessor forthwith, together with an administrative charge in upon demand, an amount equal to fifteen percent (15%) any cost incurred by Lessor in repairing the Leased Premises or the Building where such repair was made necessary by the negligence of, or misuse by Lessee or an employee, customer or invitee of the Lessee, or by reason of any open window in the Leased Premises. Lessee will maintain a minimum temperature to prevent freeze-up. Lessee, at its sole cost of the repairs. To the extent Landlord is not reimbursed by insurance proceedsand expense shall maintain a regularly scheduled preventative, Tenant shall reimburse Landlord maintenance/service contract with a maintenance contractor for the service of all hot water, heating and air conditioning systems and equipment within or servicing the Leased Premises. The maintenance contractor and contract must be approved by Lessor and must include monthly servicing, replacement of filters, replacement or adjustment of drive belts, periodical lubrication and oil change and other services suggested by the equipment manufacturer or by the contractor. Such cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsor replacement shall not exceed $500.00 annually.
Appears in 1 contract
Repairs and Maintenance. Tenant’s repair The DEPARTMENT shall cause the Facility, as defined above, including all materials and maintenance obligations includeequipment owned and/or supplied by the DEPARTMENT, without limitationto be of a size, repairs quantity, and quality typical of minimum security correctional institutions and of a sufficient quality to withstand the wear and maintenance of (tear normally associated with a community correctional facility.
a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any The DEPARTMENT shall ensure that all necessary repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency)Facility's foundation, Landlord may make the repairsexterior and load bearing walls, roof, and Tenant shall pay the reasonable cost heating, cooling, ventilating, plumbing, and electrical systems are made when said repairs are properly reported by the VENDOR to the DEPARTMENT as a result of routine preventative maintenance checks conducted by the VENDOR and are not caused by negligent or willful act(s) or other activities of residents, or VENDOR staff, or resulting from a failure to properly supervise and/or manage VENDOR staff and/or provide appropriate supervision of the repairsresident population assigned to the Facility. The VENDOR's Facility Administrator will coordinate all Facility maintenance activity. The DEPARTMENT is not responsible for the replacement, together betterment, and/or improvements to the Facility, as defined above, or the equipment provided by the DEPARTMENT.
b) The VENDOR shall perform or provide for the performance of all preventative maintenance on all Facility property and equipment provided for and/or associated directly with an administrative charge in an amount equal to fifteen percent (15%) the correctional custody, control, and supervision of the cost residents and the supervision and management of VENDOR staff. Additionally, the VENDOR shall maintain all furnishings, equipment and facility structures in good operating order.
c) The VENDOR shall perform or provide for the performance of all maintenance and make all repairs to the Facility and its fixtures and equipment except those repairs and non-operator maintenance to the Facility's foundation, exterior and load bearing walls, roof, and components of the repairs. To Facility's heating, cooling, ventilating, plumbing, and electrical systems that are not caused by, negligent or willful act(s) or other activities of residents, or VENDOR staff, or resulting from a failure to provide appropriate supervision of the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage resident population assigned to the Building caused by Tenant’s failure Facility.
d) The VENDOR shall maintain, repair, and replace as necessary all interior doors, locking devices, all windows, exterior lighting, and all equipment required, used for, and/or intended to maintain surveillance, and the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) appropriate supervision of the cost resident population assigned to the Facility. Additionally, the VENDOR shall maintain, repair, and replace as necessary all facilities, fixtures, and equipment that are provided by and the property of the repairsDEPARTMENT, used exclusively by VENDOR staff.
e) The VENDOR shall maintain and repair both storage buildings at their cost. The VENDOR shall be responsible for all grounds maintenance including upkeep of all landscaped areas, Challenge Course area and future landscaping/grounds projects at their cost.
f) The VENDOR shall refer to the DEPARTMENT the need for any goods or services which the DEPARTMENT is responsible for providing. If the VENDOR incurs costs for such goods or services directly, then the VENDOR will pay those costs.
Appears in 1 contract
Repairs and Maintenance. Tenant’s repair and maintenance obligations include, without limitation, repairs to and maintenance of (a) Tenant shall, at its expense, keep the roofPremises and its component parts in good order and condition, foundation consistent with comparable buildings in Fairfield County, Connecticut of similar size, age and use, at all times during the Term of this Lease, preserving the effectiveness of any material warranties relating thereto, and will make all capital and noncapital, structural elements of and non-structural, foreseen and unforeseen, ordinary and extra-ordinary repairs, in compliance with Applicable Laws. The parties shall arrange an annual inspection by Landlord’s representatives to review compliance with Tenant’s obligations hereunder. If any building system or component currently in use shall become obsolete to a degree that it is no longer necessary for the Building; Premises to function properly (and another system or component has not become necessary in replacement therefore), Tenant, at its sole cost and expense, may remove such item from the Premises and shall not be obligated to replace the same. Notwithstanding the foregoing, it is intended by the parties that Landlord shall have no obligation to repair or maintain the Premises (or any equipment therein), whether ordinary or extraordinary.
(b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving Upon the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 expiration of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors Term of the Building; (f) interior and exterior windows; (g) this Lease or earlier termination of this Lease, Tenant will also provide Landlord with copies of any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); operating manuals in Tenant’s possession relating to (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitationto the extent the same is then located in the Premises, any Initial Alterations. If Tenant fails to make any repairs new equipment added to the Premises for more than fifteen by Tenant after the Commencement Date and (15ii) days to the extent the same is then located in the Premises, replacement equipment added to the Premises after notice from Landlord the Commencement Date, as well as (although notice iii) updates and supplements to any such operating manuals relating to equipment then located on the Premises. Tenant shall not be required in an emergency), Landlord may make install any underground storage tank on the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsLand.
Appears in 1 contract
Repairs and Maintenance. Tenant’s 19.1 Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain in good condition and maintenance of (a) repair the roof, foundation Buildings and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Common Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, grounds, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems. Notwithstanding anything to the contrary in this Lease, Landlord shall have no responsibility to maintain or repair any Initial Alterationsvivarium(s) or data center(s). If Tenant shall have sole responsibility to maintain and repair the vivarium(s) and data center(s). Landlord shall conduct its repair and maintenance activities for the Premises substantially in accordance with Exhibit T. Landlord shall maintain the Common Areas in accordance with its property maintenance protocols as established from time to time in accordance with Landlord’s reasonable determinations of appropriate property maintenance protocols. Upon Tenant’s request, Landlord shall explain such protocols and consider Tenant’s comments. Any actual out-of-pocket costs related to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses subject to the CAM Pools, except Tenant shall pay for such repairs and maintenance to the extent that such repairs and maintenance are: (i) required in whole or in part because of any act, neglect, fault or omissions of Tenant (where there is a duty to act), its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance; and (ii) not paid out of insurance proceeds. Landlord shall perform all work and have its contractors perform all work in accordance with Applicable Laws.
19.2 Except for services of Landlord, if any, required by Section 19.1 and elsewhere in this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear, insured casualty and permitted alterations excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and insured casualty excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and this Lease.
19.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Subject to the terms of this Lease, Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. Notwithstanding the foregoing, if Landlord fails to make any repairs to necessary repair in any New Building of which Tenant is the Premises for more sole tenant (other than completion of any Punchlist Item or repair of any Defect in Landlord’s Work, which is governed by Section 4.5), that is Landlord’s obligation under this Lease within fifteen (15) days after Tenant has reported to Landlord the need for such repair and does not remedy such failure within five (5) business days after further written notice from Landlord (although notice shall not be required in an emergency)Tenant, Landlord referring to this paragraph and Tenant’s right to perform Self-Help Work, then Tenant may make the repairssuch repairs as Self-Help Work, and the parties shall then have the same rights and obligations (subject to the same restrictions, except Tenant’s obligation to give prior notices or allow the passage of any cure periods) as set forth in Article 4 for Self-Help Work. In the event of an emergency on the Premises, Tenant shall pay may perform Self-Help Work within any New Building of which Tenant is the sole tenant if in its reasonable determination such Self-Help Work is necessary. The reasonable cost and expense of such emergency Self-Help Work will be reimbursable by Landlord within thirty (30) business days of its receipt of an invoice from Tenant as long as Tenant did not cause the emergency. In the event Tenant and Landlord shall disagree as to the party responsible for the emergency they shall resolve the dispute through arbitration under Article 50.
19.4 Repairs under this Article 19 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses to the extent they are included in the definition thereof, except as otherwise provided in this Article 19.
19.5 This Article 19 relates to repairs and maintenance arising in the ordinary course of operation of the repairsBuildings and the Entire Project and any related facilities. In the event of fire, together with an administrative charge earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 23 shall apply in an amount equal to fifteen percent (15%) lieu of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsArticle 19.
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Repairs and Maintenance. TenantThe Institute shall repair defects, which arise from ordinary wear and tear, at the Institute’s expense. Without limitation, all defects caused by the acts or omissions of Resident, Resident’s guests or invitees, will be so charged to Resident, including the cost of repair to or clearing of waste pipes and drains, repair to water pipes, plumbing fixtures, or overflow therefrom caused by negligent or improper usage or the introduction of articles or materials into the system for which the system was not intended, and including the cost of repair or replacement of damaged or missing furniture, fixtures, appliances or equipment. The Institute shall not be liable for failure to make any repair unless Resident has given to the Institute written notice of the need for repair and maintenance obligations includethe Institute has had a reasonable amount of time to make the repair. Upon the expiration or termination of this License Contract, Resident shall return the Premises to the Institute in the same condition as received less reasonable wear and tear. ALTERATIONS Resident shall not make, nor suffer to be made, any alterations to the Premises, or any part thereof, without the Institute’s prior written consent. Without limitation, repairs “alterations” include painting, installing antenna or satellite dish, placing or displaying signs, or using fastening devices. If Premises come furnished, the Institute will not remove or store furnishings provided in the Premises. PERSONAL PROPERTY Resident assumes all risks for personal property in Institute Housing, or any facility managed by the Housing Office. The Institute does not insure Resident’s personal property. If Resident wishes to insure his or her personal property, he or she shall obtain and maintenance of (a) maintain the roofinsurance. STORAGE The Institute does not provide free storage, foundation and structural elements of is not responsible for providing storage space for Resident’s belongings. Resident is fully responsible, and assumes all risks for personal items left in facilities. At no time is the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ Institute responsible for such items. PETS Resident is not permitted to maintain pets except as provided by Caltech’s Pet Policy found at ▇▇▇▇://▇▇ ▇▇.▇▇▇▇▇▇▇.▇▇▇ Road▇▇▇▇▇.▇▇▇/. CLEANING Room or off-campus house cleaning services will be provided once per term during the academic year. The cleaning consists of light vacuuming, Tuckeremptying trash containers and wiping the sink. Resident may obtain a cleaning schedule from the appropriate custodial office. Resident may request additional cleaning from the Housing Maintenance Office for a fee. Non-Caltech custodial vendors are not permitted to clean student rooms. KEYS If Premises requires a key, Georgia 6 one key will be issued to Resident. Resident agrees not to duplicate or loan any key, and to return all residential keys issued upon termination of this License Contract. Non-returned keys may require re-keying of Premises and the re-keying will be charged to Resident. GUESTS Resident may have an overnight guest for a maximum of three nights per month. Institute guest policy is a privilege and can be rescinded. FURNITURE, FIXTURES AND EQUIPMENT Resident acknowledges receipt in good condition of the carpeting/flooring, window coverings, furniture/furnishings and a smoke detector, without warranty, expressed or implied, by the Institute as to its condition or fitness. Resident shall not alter the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors ’ fixtures, furnishings or equipment without consent of the Building; (f) interior and exterior windows; (g) any elevators serving Institute. Upon the Building; (h) floor coveringexpiration or termination of this License Contract, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to Resident shall return the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairsPremises, together with an administrative charge Institute’s furniture, fixtures and equipment to Institute in an amount equal to fifteen percent (15%) the same condition as when received, less reasonable wear and tear. Resident waives the provisions of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceedsCalifornia Civil Code Section 1957, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsif applicable.
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Repairs and Maintenance. Tenant’s repair and maintenance obligations include, without limitation, repairs to and maintenance of (a) Tenant shall at its own cost and expense keep and maintain all parts of the Premises in good condition (reasonable wear and tear and casualty damage excepted), promptly making all necessary repairs and replacements, interior and exterior, structural and non-structural, ordinary and extraordinary, including but not limited to, windows, glass and plate glass, doors, and special office entries, interior walls and finish work, floors and floor coverings, downspouts, gutters, heating, air conditioning and ventilation systems, dock boards, truck doors, dock bumpers, irrigation systems, paving, parking lot improvements, plumbing work and fixtures, pest extermination, exterior lighting fixtures, regular removal of trash and debris, regular mowing of any grass, trimming, weed removal, landscape replacement, general landscape maintenance, keeping the parking areas, driveways, alleys and the whole of the premises in a clean and sanitary condition. Tenant’s maintenance obligations shall include any rail spur areas and any spur track serving the Premises if Tenant, at any time during the Lease Term, makes use of any rail spur track. In this regard, Tenant agrees to sign a joint maintenance agreement with the railroad company servicing the Premises, if requested by the railroad company. Tenant shall not be obligated to repair any damage caused by fire, tornado or other casualty covered by the insurance to be maintained by Landlord pursuant to the provisions of this Lease, except that Tenant shall be obligated to repair all wind damage to glass except with respect to tornado or hurricane damage.
(b) In the event Tenant fails to perform or have performed the following services after written notice from Landlord and a ten (10) day opportunity to cure, Landlord reserves the right to perform or have performed the paving and landscape maintenance, landscape replacement, exterior painting, maintenance of exterior lighting fixtures, and the maintenance of the irrigation systems and common sewerage line plumbing which are otherwise Tenant’s obligations under paragraph 8(b)(l) above and in such event, Tenant shall, in lieu of the obligations set forth under paragraph 8(b)(l) above with respect to such items, be liable to Landlord for the reasonable cost and expense of same, including but not limited to, the reasonable cost for mowing of grass; care of shrubs; landscape replacement; general landscaping; maintenance (but not replacement) of parking areas, parking lot improvements, driveways and alleys; exterior repainting, maintenance of the exterior lighting fixtures and the maintenance of the irrigation systems. Tenant shall have no obligation to repair, maintain or contribute to Landlord’s expense of replacing, repairing or maintaining the roof, foundation and of other structural elements portions of the Building; (b) mechanical (including HVAC)Premises. In the event Landlord is permitted by the terms of this Lease and elects to perform or cause to be performed such work, electrical, plumbing Tenant shall pay when due such costs and fire/life safety systems serving the Building and Premises in general; expenses.
(c) Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing all hot water, heating and air conditioning systems and equipment within or serving the lawn, walkways Premises. The maintenance contractor and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 the contract must be approved by Landlord (which approval will not be unreasonably withheld or delayed). The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to Landlord) within thirty (30) days of the date Tenant takes possession of the Premises; .
(d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails should fail to make perform any of its obligations hereunder with respect to repairs to the Premises for more than fifteen and maintenance within ten (1510) days after receipt of written notice from form Landlord, then Landlord (although notice may, if it so elects, in addition to any other remedies provided herein, effect such repairs and maintenance. Any sums expended by Landlord in effecting such repairs and maintenance shall not be required in an emergency)due and payable, Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairson demand, together with an administrative charge in an amount equal to fifteen percent (15%) interest thereon at the Maximum Rate from the date of the cost of the repairs. To the extent each such expenditure by Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused date of repayment by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs.
Appears in 1 contract
Sources: Industrial Lease Agreement (Collegiate Pacific Inc)
Repairs and Maintenance. Tenant’s 7.1 Tenant shall generally maintain and repair the Leased Premises, in a good and maintenance obligations includeworkmanlike manner, without limitationand shall, at the expiration of the term, deliver the Leased Premises in good order and condition, damages by fire or casualty, the elements and ordinary wear and tear excepted. Tenant covenants and agrees that it shall not cause or permit any waste, damage or disfigurement to the Leased Premises, or any overloading of the floors. Tenant shall maintain and make all repairs to the floor surface, plumbing and maintenance of (a) electrical systems including all ballasts and fluorescent fixtures located within the Leased Premises, and the entire HVAC system. Landlord shall be responsible for repairs necessary to the roof, foundation exterior load-bearing walls, and structural elements of the Building; (b) mechanical (including HVAC), electrical, electric and plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises point where they enter the Leased Premises, unless repair is necessitated by any act of Tenant, or its agents, employees or contractors.
7.2 The Tenant shall, at its own cost and expense, pay all utility meter and service charges, including telephone, cable service, gas and electric servicing the Leased Premises. Landlord shall have the option to install, at its own cost, a separate water meter and invoice Tenant directly for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and its water/sewer usage. The Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure agrees to maintain the insurance coverage required by this Lease and/or caused Leased Premises at a minimum temperature of 45 degrees and no higher than 78 degrees. Tenant shall not store any items outside the acts Leased Premises, and shall deliver its garbage and recyclables to the central receiving area on the lot. Tenant shall dispose of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together all hazardous/medical waste with an administrative charge in an amount equal to fifteen percent (15%) approved hauler at its own cost.
7.3 Landlord does not warrant that any services Landlord or any public utilities supply will not be interrupted. Services may be interrupted because of accidents, repairs, alterations, improvements or any other reason beyond the cost reasonable control of the repairsLandlord.
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Repairs and Maintenance. Tenant’s 18.1. Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain the structural and maintenance exterior portions and Common Area of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); base Building HVAC systems; the HVAC system located within the Premises in general; up to the first damper or isolation valve that serves the Premises (c) for purposes of clarity, the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, including any distribution systems and any supplemental HVAC serving the Premises shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 hereof); elevators; and base Building electrical systems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises (dincluding but not limited to any systems or equipment exclusively serving the Premises, but excluding the base Building HVAC systems up to the first damper or isolation valve that extends into and serves the Premises) and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (10) business days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the Easement Areas; (e) interior and exterior walls and doors expiration or sooner termination of the Building; (f) interior Term, surrender the Premises to Landlord in as good a condition as existed when the Tenant Improvements are finally completed by Landlord, and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) with respect to Alterations, includingin substantially the same condition as existed on the date such Alterations are substantially completed by Tenant, without limitationordinary wear and tear excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any Initial Alterationspart thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3. If Tenant fails Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Except as otherwise set forth in Section 31.12, Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for more than fifteen (15) days after notice the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord (although notice shall not be required and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5. This Article relates to repairs and maintenance arising in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost ordinary course of operation of the repairsBuilding and the Project. In the event of a casualty described in Article 24, together with an administrative charge Article 24 shall apply in an amount equal lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceedsthis Article shall constitute Operating Expenses, Tenant shall reimburse Landlord for the cost of repairing damage subject to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts limitations on inclusion of Tenantcertain costs associated with capital expenditures, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge set forth in an amount equal to fifteen percent (15%) of the cost of the repairsSection 9.1(c).
Appears in 1 contract
Sources: Lease Agreement (Synlogic, Inc.)
Repairs and Maintenance. Tenant’s repair 13.01 Tenant shall, at its expense, throughout the term of this Lease, take good care of and maintenance obligations includemaintain in good order and condition the Premises and the fixtures and improvements therein including, without limitation, repairs the property which is deemed Landlord’s pursuant to Section 12.01 hereof and maintenance Tenant’s Property, except as otherwise expressly provided in the last sentence of this Section 13.01, and except for ordinary wear and tear and damage from casualty or condemnation. Tenant shall be responsible for the cost of all repairs, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen or unforeseen, in and to the Premises and the Building and the facilities and systems thereof, the need for which arises out of (a) the roofperformance or existence of Alterations, foundation and structural elements of the Building; (b) mechanical (including HVAC)the installation, electricaluse or operation of the property which is deemed Landlord’s, plumbing pursuant to Sections 12.01 and fire/life safety systems serving the Building 12.02 hereof and Premises in general; Tenant’s Property, (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 moving of the Premises; property which is deemed Landlord’s pursuant to Sections 12.01 and 12.02 hereof and Tenant’s Property in or out of the Building, (d) the Easement Areas; wrongful act or neglect of Tenant or any of its subtenants or its or their employees, agents, contractors or invitees or (e) interior and exterior walls and doors design flaws in any of Tenant’s Plans regardless of the Building; fact that such Tenant’s Plans may have been approved by Landlord. Tenant, at its expense, shall promptly replace all damaged or broken doors and interior glass (fsubject to reasonable wear and tear) interior in and exterior windows; (g) any elevators serving about the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) AlterationsPremises, including, without limitation, entrance doors, and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Premises and for all the repair, maintenance and replacement of all horizontal portions of the systems and facilities of the Building within and serving the Premises, including without limitation the sanitary and electrical fixtures and equipment therein (but in any Initial Alterationsevent excluding the high pressured duct work serving the perimeter induction system). If Tenant fails to make any All repairs in or to the Premises for more than fifteen which Tenant is responsible shall be promptly performed by Tenant in a manner which will not interfere with the use of the Building by other occupants; provided, however, any repairs in and to the Building and the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant’s expense, which expense shall be commercially reasonable. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows (15and the solar film, if any, attached to the window glass), and the windows are not part of the Premises and Landlord reserves all rights to such parts of the Building. Notwithstanding the foregoing provisions of this Section 13.01, Tenant shall not be responsible for repairs to or replacements of any structural elements of the Building, except to the extent the need for such repairs or replacements arises from the matters set forth in clauses (a), (b), (c), (d) days after or (e) of the second sentence of this Section 13.01 or from the negligence or willful misconduct of Tenant, its employees, agents or contractors.
13.02 Tenant shall give Landlord prompt notice of any defective condition in any plumbing, heating, air-conditioning or ventilation system or electrical lines located in, servicing or passing through the Premises of which it has actual knowledge. Following such notice, Landlord shall remedy the conditions, but at the expense of Tenant if Tenant is responsible for same under the provisions of this Article 13.
13.03 Except as otherwise expressly provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant’s covenants and obligations under this Lease be reduced or abated in any manner whatsoever, by reason of any inconvenience, annoyance, interruption or injury arising from Landlord’s making any repairs or changes which Landlord (although notice is required or permitted by this Lease, or required by law, to make in or to the fixtures, equipment or appurtenances of the Building or the Premises; provided, however, that Landlord shall use reasonable efforts to the extent practicable to make such repairs and changes at such times and in such manner as to minimize interference with the conduct of Tenant’s business in the Premises, provided that Landlord shall not be required in to perform any such work on an emergencyovertime or premium-pay basis.
13.04 Landlord shall, at its expense, but subject to the provisions of this Lease, keep and maintain the public portions of the Building, the structural portions of the Building, the windows (including the solar film, if any, attached to the window glass, to the extent that the same shall bubble without the fault of Tenant), Landlord may make and the repairsBuilding’s plumbing, heating, air-conditioning, ventilation and electrical systems and facilities, to the extent that such systems and facilities affect the Premises, in good working order, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to operate the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsa first-class office building.
Appears in 1 contract
Repairs and Maintenance. Tenant’s 19.1. Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain the structural and maintenance exterior portions and Common Areas of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) AlterationsProject, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses, unless such repairs or maintenance is (a) specifically excluded from the definition of Operating Expenses above, in which case Landlord shall not charge Tenant any Initial Alterationsportion thereof, or (b) required in whole or in part because of any act, neglect, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
19.2. If Except for services of Landlord, if any, required by Section 19.1, Tenant fails shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear and insured casualty excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to make Landlord in as good of a condition as when received, ordinary wear and tear and insured casualty excepted; and shall, at Landlord’s request, remove all telephone and data systems, wiring and equipment from and serving the Premises installed by Tenant (collectively, the “Cabling”), and repair any repairs damage to the Premises for more caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make pursuant to the repairs, terms and Tenant shall pay the reasonable cost provisions of the repairsWork Letter.
19.3. [Intentionally omitted]
19.4. Repairs under this Article 19 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, together with an administrative charge except as otherwise provided in an amount equal this Article 19 or as specifically excluded from the definition of Operating Expenses in Article 10.
19.5. This Article 19 relates to fifteen percent (15%) repairs and maintenance arising in the ordinary course of operation of the cost Building and the Project and any related facilities. In the event of the repairs. To the extent Landlord is not reimbursed by insurance proceedsfire, Tenant earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 25 shall reimburse Landlord for the cost apply in lieu of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsArticle 19.
Appears in 1 contract
Sources: Lease (Avi Biopharma Inc)
Repairs and Maintenance. Tenant’s repair Except for those repairs described in Schedule 11.1 and maintenance obligations includeany other repairs Tenant has assumed herein, without limitationLandlord agrees, throughout the term of this Lease Agreement, to maintain and make any repairs and replacements, structural or otherwise, necessary to maintain the Leased Premises in good condition and repair, including but not limited to repairs to and maintenance of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronicheating or air-conditioning system which shall include but not be limited to quarterly maintenance of the heating and air conditioning systems, fiber(ii) all mechanical, phone water and data cablingsanitary sewer systems, (iii) replacements to common lighting fixtures, (iv) wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterationselectrical systems, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs but not limited to the Premises for more than fifteen electrical switch gear, and (15v) days after notice from all replacements to common plumbing fixtures; provided, however, Landlord (although notice shall not be required in an emergency)to replace anything that Tenant has agreed and failed to maintain properly. Landlord shall also maintain the Common Areas, Landlord may make the repairsincluding but not limited to, driveways, parking lots, sidewalks, and water and sewer fixtures and lines located outside the Leased Premises, and perform any necessary ground maintenance, including snow removal, lawn-mowing and weed control. Tenant shall pay agrees at its expense, throughout the reasonable cost term of this Lease Agreement to maintain and make any repairs necessary to maintain in good condition and repair the non common electrical, lighting and plumbing fixtures and other items serving the Leased Premises that are not part of the repairsheating or air conditioning system. Tenant agrees, together at its expense throughout the term of this Lease Agreement, to make those repairs described in Schedule 11.1. Any and all loss, injury, breakage or damage to the Leased Premises or the Building of which they are a part, caused, directly or indirectly, by Tenant or its agents, contractors, employees and invitees, including individuals and persons making deliveries to or from the Leased Premises, except to the extent that the foregoing is inconsistent with an administrative charge the provisions of the "Waiver of Subrogation" set forth in an amount equal to fifteen percent (15%) this Lease, shall be repaired by Landlord. In the event such loss, injury, breakage or damage is not covered by insurance, repairs of the foregoing shall be made at the sole expense of Tenant. Payment of the cost of the repairs. To the extent Landlord is not reimbursed such repairs by insurance proceeds, Tenant shall reimburse be immediately due and payable as additional rent. This provision shall not be in limitation of any other rights and remedies which Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge has or may have in an amount equal to fifteen percent (15%) of the cost of the repairssuch circumstances.
Appears in 1 contract
Sources: Lease Agreement (Advanced Lighting Technologies Inc)
Repairs and Maintenance. Tenant’s 18.1. Landlord shall repair and maintenance obligations includemaintain the structural and exterior portions and Common Area of the Building and the Project, without limitationincluding roofing and covering materials; foundations (excluding any architectural slabs, repairs to but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); HVAC systems (excluding the Supplemental HVAC Unit); elevators; and maintenance of electrical systems installed or furnished by Landlord. In addition, Landlord shall provide (a) janitorial services for the roofPremises comparable to the janitorial services provided by comparable owners of comparable properties in the Rockville, foundation Maryland, area, which services shall be provided five (5) nights per week, Monday through Friday, excluding holidays recognized as such by the federal government and/or the State of Maryland, and structural elements of the Building; (b) mechanical Building standard lightbulb changes to the Premises.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (including HVAC)10) days after receipt of written notice from Landlord, electricalprovide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, plumbing and fire/life safety systems serving upon the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 expiration or sooner termination of the PremisesTerm, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; (d) the Easement Areas; (e) interior and exterior walls shall, at Landlord’s request and doors of the Building; (f) interior Tenant’s sole cost and exterior windows; (g) any elevators serving the Building; (h) floor coveringexpense, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone remove all telephone and data cablingsystems, wiring and related equipment (collectivelyfrom the Premises, “Cable”); (j) supplemental air conditioning units; and (k) Alterationsrepair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, includingremodel, without limitationimprove, repair, decorate or paint the Premises or any Initial Alterationspart thereof, other than as described in Exhibit B.
18.3. If Tenant fails Landlord shall not be liable for any failure to make any repairs or to the Premises perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for more than fifteen (15) days an unreasonable time after Tenant provides Landlord with written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairsneed of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4. If any excavation shall be made upon land adjacent to or under the Building, together with an administrative charge in an amount equal or shall be authorized to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceedsbe made, Tenant shall reimburse Landlord afford to the person causing or authorized to cause such excavation, license to enter the Premises upon reasonable prior notice for the cost purpose of repairing performing such work as such person shall reasonably deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease; provided, however, that all such activities shall be conducted only to the Building caused by Tenant’s failure extent and for the time reasonably required and in such a manner so as to maintain cause as little interference to Tenant as is reasonably possible.
18.5. This Article relates to repairs and maintenance arising in the insurance coverage required by this Lease and/or caused the acts ordinary course of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) operation of the cost Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the repairsevent of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses to the extent permitted by Article 9.
Appears in 1 contract
Sources: Lease (REGENXBIO Inc.)
Repairs and Maintenance. Tenant’s repair and maintenance obligations include, without limitation, repairs to and maintenance of (a) the roofTenant shall, foundation at Tenant's sole expense, keep and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of maintain the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, interior walls, heating, ventilation and air conditioning systems, operating systems, fire sprinklers, alarms, all windows (interior and exterior), window frames, plate glass and glazing, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers, and water fountains; but excluding any Initial Alterationssubsurface plumbing repairs resulting from defects in Building construction), electrical systems (such as panels, conduits, outlets, and lighting fixtures, including lamps, bulbs, tubes, and ballasts), heating and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, supply and return grills), interior surfaces of the Premises, store fronts, down mechanisms, latches, locks, skylights (if any), fire extinguishing systems and equipment, and all other interior improvements of any nature whatsoever, that are part of the Premises. Tenant will keep such items in good, clean and first-class condition and repair, including, without limitation, through a janitorial service contract approved by Landlord, and by replacing such items as needed, and deliver to Landlord physical possession of the Premises at the termination of this Lease or any sooner expiration thereof, in good condition and repair, reasonable wear and tear excepted. All repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality. If Tenant fails to make any repairs to the work affects the structural elements of the Premises for more than fifteen or if the estimated cost of any item of repair or replacement is in excess of One Thousand Dollars (15) days after notice from Landlord (although notice shall not be required in an emergency$1,000), Landlord may make Tenant shall first obtain Landlord's written approval of the repairsscope of the work, the plans for the work, the materials to be used, and Tenant the contractor hired to perform the work. At Landlord's election, such maintenance responsibilities and charges shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent be performed by Landlord is not reimbursed by insurance proceeds, and Tenant shall reimburse Landlord for as additional rent the cost of repairing damage such maintenance responsibilities and charges. If any of the above maintenance responsibilities jointly apply to Tenant and other tenant(s) of Landlord where there is common usage with other tenant(s) such additional rent shall be allocated to the Building caused Premises by square footage or other equitable basis as calculated and determined by Landlord. Landlord elects as of the Commencement Date to perform the foregoing maintenance obligations under this Section 10(a) at Tenant’s 's cost and shall provide Tenant with a minimum of sixty (60) days advance notice prior to rescinding such election and returning the implementation of such responsibility to Tenant. Notwithstanding such election as of the Commencement Date by Landlord, Landlord shall not be liable to Tenant for the failure to maintain the insurance coverage required by provide any such maintenance obligation, nor shall such failure provide Tenant with any remedy under this Lease and/or caused the acts Lease, until such time as Landlord has received written notice from Tenant detailing such failure and reasonable opportunity perform such obligation, or transfer such obligation to Tenant as permitted under this Section, following receipt of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairssuch notice.
Appears in 1 contract
Sources: Office / R&d Lease (Improvenet Inc)
Repairs and Maintenance. Tenant’s repair and maintenance obligations includeLandlord shall be responsible for all structural repairs, without limitation, including repairs to the roof and maintenance of (a) the roof, foundation and structural elements load-bearing walls of the Building; (b) mechanical (including HVAC), electrical, plumbing for maintaining the parking area and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairssidewalks, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties Common Areas (as hereinafter defined) in the Building. Landlord will repair and their respective contractors replace any glass breakage, provided it is not the result of the Tenant’s willful or negligent act. The Tenant shall be responsible for the maintenance and vendorsrepair of the Premises and all fixtures, appliances, light bulbs and equipment therein, including, but not limited to, the Heating and Air Conditioning system(s) serving Tenant’s suite. Landlord will pay for major Heating and Air Conditioning component replacement and all repairs to the Landlord installed heating and air conditioning system(s) in excess of Four Hundred Dollars ($400.00) per occurrence per Heating and Air Conditioning unit. All major replacements or repairs will be performed by Landlord unless written permission is otherwise given. Landlord hereby represents that the HVAC is in good and proper working order upon the Commencement Date hereof. Tenant shall be responsible for removal of waste generated by Tenant’s operation and provide its own janitorial and cleaning service. This includes waste service fees levied by local jurisdictions. Tenant, at its sole expense, shall keep all Tenant fixtures and equipment in the Premises in safe and sanitary condition and good order and repair, together with an administrative charge in an amount equal related plumbing, electrical or other utility service, whether installed by Tenant or by Landlord on Tenant’s behalf. Tenant shall pay for all damage to fifteen percent (15%) the Building and any fixtures and appurtenances related thereto due to the malfunction, lack of repair, or improper installation of the cost of the repairsTenant’s fixtures and equipment.
Appears in 1 contract
Sources: Lease Agreement (Macrogenics Inc)
Repairs and Maintenance. Tenant’s repair (A) Subject to provisions of Section 15, Landlord shall keep and maintenance obligations include, without limitation, repairs to and maintenance of (a) maintain the roof, foundation and structural elements and exterior walls of the Building; (b) mechanical (including HVAC), Building in good order and repair. The "structural elements" of the Building shall include the electrical, plumbing and fire/life safety lighting systems serving other than those items of such systems which are fixtures in the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 interior of the Premises; (d) the Easement Areas; (e) interior . Tenant shall be responsible for maintenance and exterior walls and doors repair of the Building; (f) interior heating and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; systems unless repairs are the result of defective installation or materials, in which event Landlord shall repair the same at its own expense. However, Landlord may elect, at its option, to keep and maintain the heating and air conditioning systems of the Premises. The cost of the repairs and maintenance which Landlord elects to perform pursuant to the preceding sentence shall be a Common Area Charge and Tenant shall pay its share of such costs to Landlord as provided in Section 11 below. Other repairs and maintenance done pursuant to this Subsection 9(a) shall be at the sole expense of Landlord. However, if any repairs or maintenance are required because of an act or omission of Tenant, its agents, employees or invitees, Tenant shall pay to Landlord, upon demand, on hundred percent (k100%) Alterationsof the costs of such repair or maintenance unless such repair or maintenance is covered by insurance provided pursuant to this Lease, in which case Tenant shall pay the deductible amount of such insurance, such deductible not to exceed One Thousand Dollars ($ 1,000.00).
(B) Except as expressly provided in Subsection 9(a) above, Tenant shall, at its sole cost, keep and maintain the entire Premises and every part thereof, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency)windows, Landlord may make window frames, plate glass, glazing, truck doors, doors and all door hardware, the repairsinterior walls and partitions, and Tenant shall pay the reasonable cost of the repairselectrical, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceedsplumbing, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenantlighting, Tenant Related Parties (as hereinafter defined) heating and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs.air conditioning
Appears in 1 contract
Sources: Sublease Agreement (Nvidia Corp/Ca)
Repairs and Maintenance. Tenant’s repair Repairs and maintenance obligations includeMaintenance by Lessee
(S)4.01. Lessee shall, without limitationthroughout the term of this lease and any extensions of that term, at its own expense and risk, maintain the leased premises and all improvements on the leased premises in good order and condition, reasonable wear and tear excepted, including but not limited to making all repairs and replacements necessary to keep the premises and maintenance of (a) improvements in such condition. All maintenance, repairs, and replacements required by this section must be performed promptly when required and in a manner that will not cause depreciation in the roof, foundation and structural elements value of the Building; premises, reasonable wear and tear excepted. Lessee's Failure to Repair or Maintain
(b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving S)4.02. In the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant event Lessee fails to make any repairs perform its obligation to the Premises for more than fifteen repair, replace, or maintain, as set forth in (15) days S)4.01 above, after notice from Landlord (although Lessor of the need for such repair, replacement, or maintenance and the passage of a reasonable amount of time for performance after such notice, Lessor may enter the premises and make such repairs or replacements, or perform such maintenance or cause such repair or replacements to be made or maintenance to be performed, at its own expense. Upon Lessor's notice shall not be required in an emergency)to Lessee of the performance and cost of any maintenance, Landlord may make the repairs, and Tenant shall pay the or replacements pursuant to this section, Lessee must immediately reimburse Lessor for any reasonable cost of the repairscosts incurred by Lessor pursuant to this section, together with an administrative charge in an amount equal to fifteen interest on any such sum at ten percent (1510%) per annum rate from the date of the cost of notice until the repairs. To the extent Landlord is not reimbursed date paid by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage Lessee to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsLessor.
Appears in 1 contract
Sources: Sublease Agreement (Garden Com Inc)
Repairs and Maintenance. Tenant’s 17.1 Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain and maintenance of (a) repair any defects in the roof, foundation structural and structural elements exterior portions and Common Areas of the BuildingBuildings and the Project, including roofing and covering (structure and membrane) materials; foundations; slabs; exterior walls; exterior utilities; plumbing; fire sprinkler systems (b) mechanical (including HVACif any); heating, electricalventilating, plumbing air conditioning systems; elevators; and fire/life safety electrical systems serving installed or furnished by Landlord.
17.2 Except for services of Landlord, if any, required by Section 17.1, Tenant shall at Tenant's sole cost and expense maintain and keep the Building Premises and Premises every part thereof in general; (c) good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 expiration or sooner termination of the PremisesLease Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and casualty damage excepted; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor coveringshall, interior partitionsat Landlord's request, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone remove all telephone and data cablingsystems, wiring and related equipment (collectivelyinstalled by Tenant from the Premises, “Cable”)and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof; (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, other than as expressly provided in this Lease.
17.3 Landlord shall not be liable for any Initial Alterations. If Tenant fails failure to make any repairs or to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord's expense. Notwithstanding anything to the contrary set forth in this Article 17, if Tenant provides written notice to Landlord of the need for repairs and/or maintenance with respect to the Premises for more which are Landlord's obligation to perform under Section 17.1 above, and Landlord fails to commence such repairs and/or maintenance within a reasonable period of time, given the circumstances, after receipt of such notice (but in no event earlier than fifteen (15) days after receipt of such notice from except in cases where there is an immediate threat of material and substantial property damage or immediate threat of bodily injury, in which case such shorter period of time as is reasonable under the circumstances), then Tenant may, at its option, proceed to undertake such repairs and/or maintenance upon delivery of an additional five (5) business days' notice to Landlord that Tenant is taking such required action (although provided, however, that no additional notice shall be required in the event of an emergency which threatens life or where there is imminent danger to property). If such repairs and/or maintenance were required under the terms of this Lease to be performed by Landlord and Landlord has not commenced such repair or maintenance prior to the expiration of such five (5) business day period (or the initial notice and repair period set forth in the first sentence of this Section 17.3 in the event of emergencies where no second notice is required) ("Outside Repair Period"), then Tenant shall be entitled to reimbursement by Landlord of Tenant's actual, reasonable, and documented costs and expenses in performing such maintenance and/or repairs. Such reimbursement shall be made within thirty (30) days after Landlord's receipt of Tenant's invoice of such costs and expenses, and if Landlord fails to so reimburse Tenant within such 30-day period, then Tenant shall be entitled to offset against the Rent payable by Tenant under this Lease the amount of such invoice; provided, however, that notwithstanding the foregoing to the contrary, if (i) Landlord delivers to Tenant prior to the expiration of the Outside Repair Period described above, a written objection to Tenant's right to receive any such reimbursement based upon Landlord's good faith claim that such action did not have to be taken by Landlord pursuant to the terms of this Lease, or (ii) Landlord delivers to Tenant, within thirty (30) days after receipt of Tenant's invoice, a written objection to the payment of such invoice based upon Landlord's good faith claim that such charges are excessive (in which case, Landlord shall reimburse Tenant, within such 30-day period, the amount Landlord contends would not be excessive), then Tenant shall not be required in an emergency)entitled to such reimbursement or offset against Rent, Landlord but Tenant, as its sole remedy, may make proceed to claim a default by Landlord. In the repairsevent Tenant undertakes such repairs and/or maintenance, and Tenant shall pay such work will affect the reasonable cost Base, Shell and Core, any structural portions of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceedsPremises or Building, Tenant shall reimburse use only those third party contractors used by Landlord in the Project for such work unless such contractors are unwilling or unable to perform such work at competitive prices, in which event Tenant may utilize the services of any other qualified contractor which normally and regularly performs similar work in comparable first-class buildings in the general vicinity of the Building. Tenant shall comply with the other terms and conditions of this Lease if Tenant takes the required action, except that Tenant is not required to obtain Landlord's consent for such repairs.
17.4 If any excavation shall be made upon land adjacent to or under the Buildings, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for the cost purpose of repairing performing such work as said person shall deem necessary or desirable to preserve and protect the Buildings from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant's obligations under this Lease to the Building caused by extent Tenant's Permitted Use of the Premises is not materially disrupted; provided that Landlord will ensure that any person entering the Premises acts in a manner which minimizes unreasonable interference with Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) use and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) occupancy of the cost Premises and any work must be completed as expeditiously as commercially reasonably possible.
17.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the repairsBuildings and the Project. In the event of a casualty described in Article 23, Article 23 shall apply in lieu of this Article. In the event of eminent domain, Article 24 shall apply in lieu of this Article.
Appears in 1 contract
Repairs and Maintenance. Tenant’s A. Subject to provisions of Section 15, Lessor shall keep and maintain in good order, condition and repair and maintenance obligations include, without limitation, repairs to and maintenance of (a) the roof, foundation and structural elements of the Building; Premises including the roof, roof membrane, paving, floor slab, foundation, exterior walls, landscaping, irrigation and elevators. Lessor shall make such repairs, replacements, alterations or improvements as Lessor deems reasonably necessary with respect to its obligations above. Lessee shall pay to Lessor, within twenty (b20) mechanical (including HVAC)days of Lessor’s invoice to Lessee therefore, electricalLessee’s Pro-Rata Share of such repairs, plumbing and fire/replacements, alterations or improvements. In the event that the cost of any replacement or improvement required pursuant to the above obligation exceeds $20,000 per occurrence, the amount in excess of $20,000 shall be amortized over the useful life safety systems serving of such replacements or improvements. Lessee shall be responsible to pay its pro-rata share of such excess on a monthly basis, as Additional Rent, for as long as the Building and Premises in general; (c) useful life coincides with the lawnlease term. Notwithstanding the foregoing, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Roadif the reason for any repair, Tuckerreplacement, Georgia 6 alteration or improvement is caused by Lessee or arises because of a breach of Lessee’s obligations under this Lease, then Lessee shall pay 100% of the Premises; (dcosts or expense to remedy the same.
B. Except as expressly provided in Section 11(A) above, Lessee shall, at its sole cost, keep and maintain the Easement Areas; (e) interior entire Premises and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterationsevery part thereof, including, without limitation, any Initial Alterationsthe windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and partitions, and electrical, plumbing, lighting, heating, and air conditioning systems in good and sanitary order, condition, and repair. If Tenant fails Lessee shall, at all times during the Lease term and at his expense, have in effect a service contract for the maintenance of the heating, ventilating, and air-conditioning (HVAC) equipment with an HVAC repair and maintenance contractor approved by Lessor which provides for periodic inspection and servicing at least once every three (3) months during the term hereof. Lessee shall further provide Lessor with a copy of such contract and all periodic service reports. Should Lessee fail to make any repairs to maintain the Premises for more than fifteen or make repairs required of Lessee hereunder within ten (1510) days after written notice from Landlord (although notice shall not be required Lessor, lessor, in an emergency)addition to all other remedies available hereunder or by law, Landlord and without waiving any alternative remedies, may make the repairssame, and Tenant shall pay the reasonable cost of the repairsin that event, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant Lessee shall reimburse Landlord Lessor as additional rent for the cost of repairing damage to such maintenance or repairs on the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsnext date upon which rent becomes due.
Appears in 1 contract
Sources: Lease (Zoran Corp \De\)
Repairs and Maintenance. 18.1. Landlord shall repair and maintain in good condition and repair the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); the chiller(s) located on the roof of the Building which do not exclusively serve the Premises or any other tenant’s premises; elevators; and base Building electrical systems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s repair sole cost and maintenance obligations include, without limitation, repairs to expense maintain and maintenance of (a) keep the roof, foundation and structural elements of the Building; (b) mechanical Premises (including HVAC), electrical, plumbing and fire/life safety but not limited to the HVAC systems serving the Building Premises (other than the chiller(s) to be maintained by Landlord pursuant to Section 18.1 above), any supplemental HVAC serving the Premises, and Premises any other systems or equipment exclusively serving the Premises) and every part thereof in general; good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (c10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 expiration or sooner termination of the PremisesTerm, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted, and with the Tenant Improvements in as good a condition as existed on the Term Commencement Date; (d) the Easement Areas; (e) interior and exterior walls shall, at Landlord’s request and doors of the Building; (f) interior Tenant’s sole cost and exterior windows; (g) any elevators serving the Building; (h) floor coveringexpense, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone remove all telephone and data cablingsystems, wiring and related equipment (collectivelyfrom the Premises, “Cable”); (j) supplemental air conditioning units; and (k) Alterationsrepair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, includingremodel, without limitationimprove, repair, decorate or paint the Premises or any Initial Alterationspart thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3. If Tenant fails Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for more than fifteen (15) days after notice the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord (although notice shall not be required and without reducing or otherwise affecting Tenant’s obligations under this Lease. Landlord will use commercially reasonable efforts to minimize any disruption to Tenant’s business operations due to work performed in an emergency), Landlord may make accordance with this Section.
18.5. This Article relates to repairs and maintenance arising in the repairs, and Tenant shall pay the reasonable cost ordinary course of operation of the repairsBuilding and the Project. In the event of a casualty described in Article 24, together with an administrative charge Article 24 shall apply in an amount equal lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to fifteen percent (15%) of the cost of the repairs. To this Article shall constitute Operating Expenses to the extent Landlord is not reimbursed permitted by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsSection 9.1.
Appears in 1 contract
Repairs and Maintenance. Tenant’s The TENANT will, at TENANT's sole cost and expense, keep the Demised Premises in good repair and tenantable condition during the term of this Lease. The repair and maintenance obligations includeof the whole of the Demised Premises, including without limitation, repairs to and maintenance of (a) the roof, foundation and structural elements nonstructural interior portions of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Demised Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior including storefronts, windows; (g) any elevators serving the Building; (h) , doors, floor covering, interior partitionsplumbing, kitchensventilation, bathrooms heating and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; systems, shall be the sole responsibility of the TENANT at the TENANT's expense. The TENANT shall at its own cost and expense, enter into an annual contract for regularly scheduled preventive maintenance and repair, with a licensed maintenance contractor approved by the LANDLORD, for servicing and repair of all heating and air conditioning systems and equipment serving the Premises. Not later than thirty (k30) Alterationsdays following the commencement of this Lease and annually thereafter, includingTENANT shall furnish to LANDLORD a copy of the air conditioning maintenance contract described above and proof that the annual premium for the maintenance has been paid. Provided, without limitationif the Tenant enters into the above referenced contract, Landlord shall replace any Initial Alterationsexisting compressors that will not function. If Tenant fails The service contract must include all services suggested by the equipment manufacturer. The maintenance contractor shall keep a detailed record of all services performed on the Premises and prepare a yearly service report to make any repairs be furnished to the Premises for more than fifteen (15) days after notice from Landlord (although notice TENANT and the LANDLORD at the end of each calendar year. The LANDLORD may, but shall not be required in an emergency)to, Landlord may make upon notice to the repairsTENANT, elect to enter into such maintenance/service contract on behalf of the TENANT or perform the work itself, and Tenant shall pay the reasonable cost of the repairsin either case, charge TENANT therefore, together with an administrative a reasonable charge of overhead. The LANDLORD agrees to repair and maintain in an amount equal to fifteen percent (15%) good order and condition the roof, roof drains, exterior walls, parking lots, landscaping, exterior lighting and the structural integrity of the cost interior and exterior of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsPremises.
Appears in 1 contract
Repairs and Maintenance. Tenant’s repair and maintenance obligations include, without limitation, repairs to and maintenance of (a) Tenant, throughout the roofterm of this lease, foundation shall, at its expense, take good care of and structural elements of maintain in good order and condition, and shall be responsible for all repairs and replacements (ordinary and extraordinary, foreseen and unforeseen) to (i) the Building; Premises (b) mechanical (including HVACbut not the Base Building Premises Components, except as provided below), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (cii) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 all Tenant's Improvements whether within or outside of the Premises; (d) . Without limiting the Easement Areas; (e) interior and exterior walls and doors generality of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor coveringforegoing, interior partitionsTenant, kitchensat its expense, bathrooms and restrooms shall promptly replace all damaged or broken doors (including, without limitation, hot water heaters entrance doors) and similar facilitiesall interior glass in and about the Premises. Notwithstanding the foregoing, systems and/or equipmentTenant shall not be responsible for any repairs or replacements under this Section 13.01(a) to the extent that Landlord is responsible for the same under Section 13.02(b) hereof.
(b) Tenant, in addition, shall be responsible for all repairs and replacements, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen and unforeseen, in and to (x) the Real Property outside of the Premises (exclusive of any Tenant Improvements outside of the Premises) and (y) the Base Building Premises Components (whether within or outside of the Premises); , in each case, to the extent the need for which arises out of (i) electronicthe performance of Alterations, fiberor the installation, phone use, operation or existence of any Tenant's Improvements or Tenant's Property (provided, however, that Tenant shall not be responsible therefor under this
(c) The maintenance, repairs and data cablingreplacements for which Tenant is responsible pursuant to the provisions of this Section 13.01 (herein called "TENANT REPAIRS") shall be performed in accordance with the following provisions:
(1) Tenant shall perform all Tenant Repairs for which Tenant is responsible pursuant to Section 13.01(a) above promptly, wiring at its expense, and related equipment in a manner which will not interfere (collectivelyin other than a de minimis manner) with the use of the Building by others. If, “Cable”and to the extent that, such Tenant Repairs are to Tenant's Improvements located outside the Premises or otherwise require work to be performed outside of the Premises, then (i) such work shall be performed only at such time or times as are reasonably designated by Landlord, and, at Landlord's option, under the supervision of Landlord or its designated representative, (ii) Landlord shall have the right to coordinate such work with any work then being undertaken by Landlord or by any other tenants of the Building, and (iii) Tenant, within thirty (30) days after a written demand therefor, shall reimburse Landlord all supervision and coordination costs incurred by Landlord pursuant to clauses (i) or (ii) above (whether incurred to Landlord's employees or outside parties); provided, however, that, in cases of emergency, Tenant, subject to the rights of other tenants, may perform such work at any time or times (jto the extent necessitated by such emergency), so long as Tenant, immediately prior to commencing any such work, shall give Landlord notice of the emergency and the work to be performed (which notice may be oral and shall be given to the applicable Building Office or, if such Building Office is closed, the Building's security desk).
(2) supplemental air conditioning units; and Landlord, at its option, may elect to perform Tenant Repairs for which Tenant is responsible pursuant to Section 13.01(b) above (keach, a "TENANT BUILDING REPAIR") Alterations, including, without limitation, any Initial Alterationsat Tenant's expense. If Tenant fails notifies Landlord of the need for any Tenant Building Repair, then Landlord shall promptly notify Tenant as to make whether Landlord elects to perform such Tenant Building Repair, at Tenant's expense, or to have Tenant perform such repair. In all cases, except in cases of emergency (in which cases Landlord need not so notify Tenant), Landlord, prior to commencing any repairs Tenant Building Repair, shall notify Tenant that Landlord has elected to perform the Premises for more than fifteen same at Tenant's expense.
(15A) To the extent that Landlord elects to perform any Tenant Building Repair at Tenant's expense, (i) Landlord shall perform the same promptly, and the provisions of Section 35.15 shall apply in respect thereof, and (ii) Tenant, within thirty (30) days after notice from a written demand therefor, shall reimburse Landlord all of Landlord's out-of-pocket costs reasonably incurred in connection with such Tenant Building Repair. Tenant, at its own expense, shall have the right to monitor the progress of Tenant Building Repair undertaken by Landlord.
(although notice B) To the extent that Landlord elects to have Tenant perform any Tenant Building Repair, (i) Tenant shall perform the same promptly, at its expense, and in a manner which will not interfere (in other than a de minimis
(a) Except to the extent that Tenant shall be responsible for the same pursuant to the provisions of Section 13.01(a) or (b) above, Landlord, at its expense, shall make repairs and replacements to, and otherwise keep and maintain (in a condition befitting a first-class downtown Manhattan office building), the Base Building, other than those portions of the Base Building which are not Base Building Premises Components and which do not affect, or affect only to a de minimis extent, (i) Tenant's use and occupancy of the Premises, (ii) access to the Premises, (iii) the provision of Building Services to the Premises, and (iv) Tenant's right or ability to perform Alterations which would otherwise be permitted hereunder.
(b) Landlord, in addition, shall be responsible for all repairs and replacements, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen and unforeseen, in and to the Premises, Tenant's Improvements and Tenant's Property, in each case, to the extent, the need for which arises out of (i) the performance of any work in the Premises by Landlord, or person authorized by Landlord to enter the Premises, or any of their respective employees, agents or contractors (provided, however, that Landlord shall not be required responsible therefor under this clause (i) to the extent that the repair or replacement in an emergencyquestion would not have been needed but for a violation by Tenant of its obligations under this lease), (ii) the conduct of alterations, additions, improvements or changes in the Building by Landlord or any of its employees, agents or contractors, (iii) any violation by Landlord of this lease, or (iv) the negligence or intentional misconduct of Landlord or any of its employees, agents, contractors or invitees (any such repairs and replacements being herein called "LANDLORD'S ADDITIONAL REPAIRS"). Tenant, at its option, may make elect to perform any of Landlord's Additional Repairs at Landlord's expense. If Landlord notifies Tenant of the repairsneed for any Landlord's Additional Repairs, and then Tenant shall pay promptly notify Landlord as to whether Tenant elects to perform such Landlord's Additional Repairs, at Landlord's expense, or to have Landlord perform such repair. In all cases, except in cases of emergency (in which cases Tenant need not so notify Tenant), Tenant, prior to commencing any Landlord's Additional Repairs, shall notify Landlord that Tenant has elected to perform the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairssame at Landlord's expense. To the extent that Tenant elects to perform any Tenant Building Repair at Landlord's expense, (x) Tenant shall perform the same in accordance with the provisions of Section 13.01(c)(1), applied mutatis mutandis (except that the same shall be performed at Landlord's expense and the provisions of Section 13.01(c)(iii) shall not so apply), and (y) Landlord, within thirty (30) days after a written demand therefor, shall reimburse Tenant all of Tenant's out-of-pocket costs reasonably incurred in connection with such Landlord's Additional Repair.
13.03. All maintenance, repairs and replacements performed by Tenant in the Building (including without limitation Tenant Repairs performed by Tenant and Landlord's Additional Repairs performed by Tenant, but specifically excluding any maintenance, repairs and replacements performed by Tenant to Tenant's Property (as opposed to Tenant's Improvements)) shall be performed using only contractors which have been approved or -82- 87 designated by Landlord in accordance with the provisions of Sections 11.04 hereof, applied mutatis mutandis with respect to such maintenance, repairs and replacements. The provisions of Sections 11.05 and 11.07 hereof, as well as any other provisions of Article 11 relating to the standards and/or prosecution of work in the Building, shall likewise apply, mutatis mutandis, to maintenance, repairs and replacements performed by Tenant pursuant to this Article 13.
13.04. Tenant shall have the right, as well as the obligation, to perform the maintenance, repairs and replacements for which it is responsible under Section 13.01(a) above, subject, in all cases, to the other provisions of this Article 13. In respect thereof, it is agreed that Tenant's right to repair and replace any Tenant Improvements shall include only (i) the right to repair such Tenant Improvements, as needed, without modification or change thereto, and (ii) the right to replace such Tenant Improvements or any portion thereof, as needed, without modification or change thereto; it being understood that any modifications or changes to any Tenant Improvements shall be deemed Alterations and may be performed only subject to and in accordance with Article 11 hereof. In addition, the right of Tenant to replace, as opposed to repair, any Tenant Improvements located outside the Premises shall, notwithstanding anything to the contrary contained herein, be deemed to allow Tenant to replace such Tenant Improvements or a portion thereof (as opposed to repairing the same) only to the extent that (x) such Tenant Improvements are of such a nature that the same can only be replaced and not repaired, or (y) the repair of the same is not feasible in light of the damage or defect in question.
13.05. Except as expressly set forth in this lease, Landlord shall have no liability to Tenant, nor, except as expressly set forth in Section 33.01, shall Tenant's covenants and obligations under this lease be reduced or abated in any manner whatsoever, by reason of any inconvenience, annoyance, interruption or injury arising from Landlord's making any repairs or changes which Landlord is not reimbursed required or permitted by insurance proceedsthis lease, Tenant shall reimburse Landlord for the cost of repairing damage or required by law, to make in or to the Building caused Building, including without limitation the Premises. The provisions of this Section 13.05 shall not absolve Landlord of its obligations to comply with the provisions of Section 35.15 hereof.
13.06. This Article 13 shall not be applicable, to any extent, to any fire or other casualty referred to in Article 19, or to any repairs or replacements of any damage or destruction resulting therefrom; the same shall be governed by Tenant’s failure to maintain the insurance coverage required by other applicable provisions of this Lease and/or caused the acts of Tenantlease, Tenant Related Parties (as hereinafter defined) including Articles 9 and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs19.
Appears in 1 contract
Sources: Lease (Goldman Sachs Group Inc)
Repairs and Maintenance. Tenant9.1. From and after the Commencement Date, Lessor, at Lessor’s sole cost and expense, shall repair, maintain and keep in good condition the footing, foundations and structural walls of the Building, but not including the roof of the Building (except that Lessor shall be responsible for any defect in workmanship or materials in Lessor’s Work) and further excepting any structural repairs or maintenance required as a result of the negligence of Lessee, or of Lessee’s agents, contractors, servants, employees or invitees on or about the Premises, or which otherwise arises as a result of Lessee’s use of the Premises for activities different from those currently conducted therein.
9.2. From and after the Commencement Date, Lessee, at Lessee’s sole cost and expense, shall repair, maintain and keep in good condition the roof of the Building and the roof structure following completion of the same by Lessor (subject to Lessor’s responsibilities contained in Section 9.1 above) and the interior of the Building which shall include all systems and equipment within the Building including (but not limited to) repair and maintenance obligations includeof all elevators, without limitationHVAC systems, boilers, mechanical systems, electrical systems, sprinklers, security systems, plumbing systems and associated equipment within the Building, and Lessee shall also be responsible for any repairs or maintenance which would otherwise be the responsibility of Lessor pursuant to Section 9.1 above, but the need for which arises as a result of Lessee’s activities as therein more particularly described. Notwithstanding the foregoing, Lessee shall not be responsible for any such repairs and maintenance of (a) maintenance, the roof, foundation and structural elements need for which arises as a result of the Building; (b) mechanical negligence of Lessor or of Lessor’s agents, contractors, servants, employees or invitees.
9.3. Lessee shall at all times keep the hallways and entrances to the Building free and clear of debris, and shall also provide for interior janitorial service (including HVACcarpet maintenance), electricalinterior painting (and re-painting, plumbing where necessary), replacement of lighting ballasts and fire/life safety systems serving the Building bulbs, and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls window cleaning.
9.4. Lessee shall, at Lessee’s sole cost and doors expense, repair and maintain, in a manner consistent with comparable first-class office space in Fairfield County, Connecticut, the parking area, access roads, sidewalks, lawns and planting areas at the Premises, which maintenance shall include (as necessary, desirable and/or appropriate) the mowing, landscaping, plowing, sanding and sweeping thereof. With respect to the access roads that do not form a part of the Building; (f) interior Premises but are within the Park, Lessor shall maintain the same in a manner consistent with that of comparable business parks, including paving, sanding and exterior windows; (g) plowing the same, and Lessee shall pay Lessee’s pro rata share of the cost thereof to Lessor, as reasonably determined by Lessor.
9.5. Lessee shall not permit, allow or cause any elevators serving act or deed to be performed or any practice to be adopted or followed on the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems Premises and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, within the Building which shall cause or be likely to cause injury or damage to any Initial Alterations. If Tenant fails to make any repairs person or to the Premises or to any part thereof. Lessee at all times shall keep the Premises and the Building in a neat and orderly condition and clean and free from rubbish, dirt and other miscellaneous items. Lessee shall make provision for more than fifteen adequate refuse containers to be placed upon the Premises in areas to be designated by Lessor and shall cause the same to be emptied periodically. Lessee shall deposit all refuse in such containers and shall keep the area around the same reasonably neat and attractive.
9.6. Without prejudice to the generality of the obligations of Lessee pursuant to this Section 9, it is agreed and understood that any time during the Initial Term and/or the Renewal Term (15as appropriate) days after notice from Landlord (although notice shall not be required in an emergency)Lessee shall, Landlord may make the repairsat Lessee’s sole cost and expense, and Tenant in a good and workmanlike manner, perform and complete Lessee’s Additional Work. With respect to the carrying out of Lessee’s Additional Work, Lessor shall pay be provided with a reasonable opportunity to bid for the reasonable cost carrying out of the repairssame, together and insofar as the same are applicable, Lessee shall otherwise comply with an administrative charge in an amount equal to fifteen percent (15%) all of the cost provisions of Section 10 below. In the event that Lessee shall have failed to commence Lessee’s Additional Work within six (6) months prior to the expiration of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant Initial Term (if Lessee shall reimburse Landlord have failed to exercise Lessee’s option for the cost of repairing damage Renewal Term pursuant to Section 23 below) or in the Building caused by Tenantevent that Lessee shall have failed to commence Lessee’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties Additional Work within six (as hereinafter defined6) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) months of the cost end of the repairsRenewal Term, then Lessor shall have the right (but not the obligation) to enter the Premises and carry out Lessee’s Additional Work for the account of Lessee, and all reasonable costs and expenses incurred by Lessor in so doing shall be paid by Lessee within ten (10) Business Days after demand thereafter by Lessor (which demand may be by way of installment as the work progresses) as Additional Rent hereunder.
Appears in 1 contract
Sources: Lease Agreement (Atmi Inc)
Repairs and Maintenance. Tenant’s repair A. Subject to provisions of Paragraph 16, Lessor shall keep and maintenance obligations include, without limitation, repairs to and maintenance of (a) maintain the roof, foundation and paving, structural elements elements, landscaping, irrigation, the exterior walls of the Building; building in which the Premises are located and all common areas in good order and repair. Lessee shall not be responsible for building ----------------------------------------------- foundations, exterior wall structure or roof structure. Lessee shall be ------------------------------------------------------------------------ responsible for the roof membrane and painting of exterior walls. Lessee shall ----------------------------------------------------------------- reimburse Lessor for its proportionate share of said expense within ten (b10) mechanical (including HVAC)days of Lessee's receipt of Lessor's invoice demanding payment. If, electricalhowever, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawnany repairs or maintenance are required because of an act or omission of Lessee, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Roador its agents, Tuckeremployees, Georgia 6 or authorized representatives, Lessee shall pay to Lessor upon demand 100% of the Premises; costs of such repair or maintenance.
B. Except as expressly provided in Sub-paragraph (dA) above, Lessee shall at its sole cost, keep and maintain the Easement Areas; (e) interior entire Premises and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterationsevery part thereof, including, without limitation, any Initial Alterationsthe windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and partitions, and the electrical, plumbing, heating and air-conditioning systems in good and sanitary order, condition and repair. If Tenant fails Lessee shall, at all times during the Lease term, have in effect a service contract for the maintenance of the heating, ventilating and air- conditioning (HVAC) equipment with a HVAC repair and maintenance contractor approved by Lessor which provides for periodic inspection and servicing at least once every three (3) months during the term hereof and shall provide Lessor with a copy of such contract and all periodic service reports. Should Lessee fail to make any repairs to maintain the Premises for more than fifteen (15) days after or make repairs required of Lessee hereunder forthwith upon notice from Landlord (although notice shall not be required Lessor, Lessor, in an emergency)addition to all other remedies available hereunder or by law, Landlord and without waiving any alternative remedies, may make the repairssame, and Tenant in that event, Lessee shall pay reimburse Lessor as additional rent for the reasonable cost of such maintenance or repairs on the repairsnext date upon which rent becomes due. Lessee hereby expressly waives the provisions of Sub-section 1 of Section 1932, together with an administrative charge in an amount equal to fifteen percent (15%) and Sections 1941 and 1942 of the cost Civil Code of California and all rights to make repairs at the repairs. To the extent Landlord is not reimbursed by insurance proceedsexpense of Lessor, Tenant shall reimburse Landlord for the cost as provided in Section 1942 of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairssaid Civil Code.
Appears in 1 contract
Sources: Lease (Identix Inc)
Repairs and Maintenance. Tenant’s 18.1. Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain the structural and maintenance exterior portions and Common Areas of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) AlterationsProject, including, without limitation, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems installed or furnished by Landlord. Any costs related to the repair or maintenance activities specified in this Section 18.1 shall be included as a part of Operating Expenses, unless such repairs or maintenance is required in whole or in part because of any Initial Alterationsact, neglect, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance.
18.2. If Except for services of Landlord, if any, required by Section 18.1, Tenant fails shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than Landlord’s Work.
18.3. Landlord shall not be liable for any failure to make any repairs or to the Premises perform any maintenance that is an obligation of Landlord unless such failure shall persist for more than fifteen (15) days an unreasonable time after Tenant provides Landlord with written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairsneed of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4. Repairs under this Article 18 that are obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, together with an administrative charge except as otherwise provided in an amount equal this Article 18.
18.5. This Article 18 relates to fifteen percent (15%) repairs and maintenance arising in the ordinary course of operation of the cost Building and the Project and any related facilities. In the event of the repairs. To the extent Landlord is not reimbursed by insurance proceedsfire, Tenant earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 22 shall reimburse Landlord for the cost apply in lieu of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsArticle 18.
Appears in 1 contract
Sources: Lease (Cytrx Corp)
Repairs and Maintenance. Tenant’s 18.1. Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain the structural and maintenance exterior portions and Common Areas of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (if any); heating, ventilating, air conditioning systems; elevators; and electrical systems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in general; (c) good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 expiration or sooner termination of the PremisesTerm, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted; (d) the Easement Areas; (e) interior and exterior walls shall, at Landlord’s request and doors of the Building; (f) interior Tenant’s sole cost and exterior windows; (g) any elevators serving the Building; (h) floor coveringexpense, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone remove all telephone and data cablingsystems, wiring and related equipment (collectivelyfrom the Premises, “Cable”); (j) supplemental air conditioning units; and (k) Alterationsrepair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, includingremodel, without limitationimprove, repair, decorate or paint the Premises or any Initial Alterationspart thereof, other than as described in Exhibit B.
18.3. If Tenant fails Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for more than fifteen (15) days after notice the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord (although notice shall not be required and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5. This Article relates to repairs and maintenance arising in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost ordinary course of operation of the repairsBuilding and the Project. In the event of a casualty described in Article 24, together with an administrative charge Article 24 shall apply in an amount equal lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant this Article shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsconstitute Operating Expenses.
Appears in 1 contract
Sources: Lease (CymaBay Therapeutics, Inc.)
Repairs and Maintenance. Tenant’s repair and maintenance obligations include, without limitation, repairs to and maintenance of (a) Except as otherwise provided elsewhere in this Lease, Tenant shall, at Tenant’s sole cost and expense, repair and maintain (i) the roof, foundation and structural elements nonstructural portions of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitationbut not limited to, hot water heaters all fixtures, electrical lighting, ceilings and similar facilitiesflooring coverings, systems and/or equipmentwindows, doors, plate glass, skylights, and interior walls within the Premises); : and
(iii) electronicall Premises Systems (as defined below). In addition, fiberTenant shall be responsible for all repairs made necessary by negligence or wrongful acts of Tenant or Tenant’s invitees. Tenant acknowledges that Landlord shall have no obligation to maintain, phone and data cabling, repair or replace any telecommunications or computer cabling or wiring and related equipment which is located in the Premises or which exclusively serves the Premises (collectively, “CableCabling”). 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 (j30) supplemental air conditioning units; and (k) Alterationsdays’ written notice to Tenant, includingundertake the responsibility for the maintenance of some or all of the Cabling, without limitationin which event the cost of such maintenance may be included as an “Operating Expense.” Landlord shall have no obligation to alter, any Initial Alterationsremodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. If Under no circumstances shall Tenant fails to make any repairs to the Building or to the mechanical, electrical or heating, ventilating or air conditioning systems of the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required or the Building, unless such repairs are previously approved in an emergencywriting by Landlord. Tenant waives the provisions of Sections 1931(1), Landlord may make 1941 and 1942 of the repairsCalifornia Civil Code, and Tenant shall pay any similar or successor law regarding Tenant’s right to make repairs and deduct expenses of such repairs from the reasonable cost Rent due under this Lease. For purposes of this Lease, the term “Base Building Systems” means all systems and equipment (including plumbing, HVAC, electrical, fire/life safety, elevator, and security systems) that serve the entire Building or portions of the repairsBuilding other than simply the Premises, together with an administrative charge in an amount equal to fifteen percent (15%) excluding all Premises Systems. For purposes of this Lease, the cost term “Premises Systems” means all systems and equipment that serve only the Premises, regardless of whether such systems or equipment are located within or outside the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsPremises.
Appears in 1 contract
Repairs and Maintenance. Tenant’s repair and maintenance obligations include, without limitation, repairs to and maintenance of (a) the roofSubject to Section 2(b) above, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 by taking possession of the Premises; (d) , Tenant shall be deemed to have accepted the Easement Areas; (e) interior Premises as being in good and exterior walls sanitary order, condition and doors repair, including the initial Tenant Improvements, in good, clean and first-class condition and repair, and in any event in at least as good condition as on the Commencement Date, reasonable wear and tear excepted. Without limiting the generality of the Building; foregoing (fbut subject to Section 2(b) above), Tenant shall be solely responsible for maintaining and repairing all fixtures, non-Building standard electrical lighting, ceilings and floor coverings, windows, doors, plate glass, skylights, and interior walls within the Premises using the same quality of materials as used in the original construction. In addition, Tenant shall be responsible for all repairs made necessary by Tenant or any Tenant Party. Landlord acknowledges that Tenant shall have no obligation to repair or maintain any areas of the Building outside of the Premises, unless such repair or maintenance is required due to acts of Tenant or any Tenant Party. Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and exterior windows; (g) subcontractors, Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any elevators serving telecommunications or computer cabling or wiring which is located in the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment Premises or which exclusively serves the Premises (collectively, “CableCabling”); . Tenant shall, at Tenant’s expense, contract with a reputable contractor to maintain the Cabling. 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 repairs to the Building or to the mechanical, electrical or heating, ventilating, air conditioning, fire sprinkler or energy management control systems of the Premises or the Building, unless such repairs are previously approved in writing by Landlord, which shall not be unreasonably withheld, conditioned or delayed. Tenant waives the provisions of 1931(1), 1941 and 1942 of the California Civil Code, and any similar or successor law regarding Tenant’s right to make repairs and deduct expenses of such repairs from the Rent due under this Lease.
(jb) supplemental air conditioning units; Landlord shall operate the Building to a standard of quality consistent with that of other comparable office buildings in the City and County of San Francisco as of the Commencement Date and shall replace Building standard lamps, starters and ballasts (kall nonstandard lighting within the Premises shall be the responsibility of Tenant).
(c) AlterationsLandlord shall be responsible for maintaining and repairing all structural portions of the Building and shall maintain the roof, includingsidewalls, without limitationand foundations of the Building in good, clean and safe condition and repair. Landlord shall also maintain all Building Common Areas. Landlord shall be responsible for maintenance and repair of all Building Systems, provided, however, that Tenant shall be responsible for maintaining all fixtures and equipment, including sink(s), which may be located within the Premises. Except as otherwise provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant’s obligations under this Lease be reduced or abated in any Initial Alterationsmanner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenants’ lease or required by law to make to any portion of the Building or the Premises. Landlord shall use reasonable efforts to minimize any interference with Tenant’s business at the Premises. If Tenant fails to make any repairs to maintain the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be as required in an emergencySection 11(a), Landlord may make give Tenant 30 days’ written notice to do such acts as are reasonably required to so maintain the repairsPremises. If Tenant fails to promptly commence such work within such time period and thereafter diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall pay be paid by Tenant promptly after demand with interest at the reasonable cost Prime Rate plus 2% per annum, from the date of such work, but not to exceed the maximum amount then allowed by law. Landlord shall have no liability to Tenant for any damage, inconvenience, or interference with the use of the repairsPremises by Tenant as the result of performing any such work. For the purpose of this Lease, together with an administrative charge the “Prime Rate” shall mean the rate, or base rate, reported in an amount equal to fifteen percent the Money Rates column or section of The Wall Street Journal as being the base rate on corporate loans at large U.S. money center commercial banks (15%whether or not such rate has actually been charged by any such bank) of on the cost of first date on which The Wall Street Journal is published in the repairs. To month preceding the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for month in which the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairssubject costs are incurred.
Appears in 1 contract
Repairs and Maintenance. 14.01. Tenant shall, at its expense, throughout the Term, take good care of the Premises, the fixtures and appurtenances therein and the Tenant’s repair 's Property. Tenant shall be responsible for all repairs and maintenance obligations includereplacements, without limitationinterior and exterior, repairs structural and nonstructural, ordinary and extraordinary, in and to the Premises and maintenance the Building and the facilities and systems thereof, the need for which arises out of (a) the roofperformance or existence of any work by Tenant or Alterations, foundation (b) the installation, use or operation of the Tenant's Property in the Premises, (c) the moving of the Tenant's Property in or out of the Premises or the Building, or (d) the act, omission, misuse or neglect of Tenant or any of its subtenants or its or their employees, agents, contractors or invitees. Tenant, at its expense, shall promptly repair or replace all scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs, painting, maintenance and replacement of wall and floor coverings in the Premises and for the repair and maintenance of all sanitary and electrical fixtures and equipment therein. Tenant shall promptly make, at Tenant's expense, all repairs in or to the Premises for which Tenant is responsible. Any repairs required to be made by Tenant to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other systems of the Building shall be performed only by contractor(s) approved by Landlord. Any other repairs in or to the Building and the facilities and systems thereof for which Tenant is responsible, may be performed by Landlord at Tenant's expense.
14.02. Landlord shall make all repairs and replacements, structural elements and otherwise, interior and exterior, as and when needed in or about the Premises and the Building (and the adjacent Land) in order to maintain the Building in a first-class condition, and shall maintain the heating, ventilating and air conditioning, plumbing and electrical systems of the Building; (b) mechanical (including HVAC)except for those repairs and replacements for which Tenant is responsible pursuant to any of the provisions of this Lease.
14.03. Except as otherwise expressly provided in this Lease, electricalLandlord shall have no liability to Tenant, plumbing nor shall Tenant's covenants and fire/life safety systems serving obligations under this Lease be reduced or abated in any manner whatsoever, by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required by this Lease, or required by law, to make in or to any portion of the Building and or the Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Premises. However, Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant's business in the Premises in general; (c) connection with the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterationsforegoing, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency)extent appropriate, Landlord may make the repairs, and Tenant shall pay the reasonable cost use of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsovertime labor.
Appears in 1 contract
Repairs and Maintenance. Tenant’s repair By taking possession of the Premises, Lessee shall be deemed to have accepted the Premises as being in good, sanitary order, condition and maintenance obligations includerepair. Except as set forth in the following subparagraphs, without limitationLessee shall, at Lessee's sole cost and expense, maintain the Premises in good, clean and safe condition and repair. Except as provided in an addendum to this Lease, if any, Lessor shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises and the parties hereto affirm that Lessor has made no representation to Lessee respecting the condition of the Premises or the Building except as specifically set forth herein. There shall be no abatement of Rent and no liability of Lessor by reason of any injury to or interference with Lessee's business arising from the making of any repair, alteration or improvement to the Premises, the Building or the Park. Lessee waives the provisions of SS 1941 and 1942 of the California Civil Code, and any similar or successor law regarding Lessee's right to make repairs and deduct the expenses of such repairs from the Rent due under this Lease. Lessor shall be responsible for all structural repairs to the Building, including the basic plumbing, air conditioning, heating and maintenance of (a) electrical systems installed or furnished by Lessor and shall maintain the roof, foundation sidewalls, and structural elements foundations of the Building; (b) mechanical (including HVAC)Building in good, electricalclean and safe condition and repair, plumbing Lessor shall also maintain all landscaping, driveways, parking lots, fences, signs, sidewalks and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 other exterior Common Areas of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) Park. Lessor shall not be liable for any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails failure to make any such repairs or to the Premises perform any maintenance unless such failure shall persist for more than fifteen (15) days an unreasonable time after written notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord need for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairssuch repairs or maintenance.
Appears in 1 contract
Sources: Lease (Business Objects Sa)
Repairs and Maintenance. Tenant’s repair Tenant to provide security and maintenance obligations include, without limitation, repairs to and maintenance of (a) fire response contract for the roof, foundation and structural elements entirety of the Building; (b) mechanical (including HVAC), electrical, plumbing Premises by Tenant to provide phone line to monitor fire and fire/life safety systems serving the Building and Premises security by . Tenant to replace all keys in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation spaces they occupy by . Tenant to check Ansul system for update Tenant to provide security deposit on January 1 2018. Tenant to provide proof of insurance on . Tenant to obtain of Certificate of Occupancy from City prior to occupancy. LANDLORD: Tucson Unified School District By: ▇▇▇▇▇▇ ▇▇▇▇▇▇ Director of Planning Services Date: TENANT: Flowers and Bullets Collective By: ▇▇▇▇ ▇▇▇▇▇▇▇▇, Member Date: By: ▇▇▇▇▇ Road▇▇▇▇▇▇, TuckerMember Date: Tenant will be responsible for any costs to inspect, Georgia 6 repair, maintain or replace the heating, air conditioning and fire protection systems and equipment (including fire sprinklers) serving the Premises, including the cost of a preventive maintenance contract providing for the regular inspection and maintenance of same. To meet these obligations, Tenant shall be responsible for obtaining an annual service contract to be approved by Landlord. The Service Contract shall, specifically, provide that the maintenance and testing of life safety equipment to comply with all City, State and Federal Codes, and that all Preventative Maintenance expectations of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors Arizona School Facilities Board, for all portions of the Building; Property, are met. Tenant shall provide an annual report to Landlord of the same and will correct any deficiencies attributable to the occupancy of Tenant or resulting from inadequate routine maintenance during the occupancy. Tenant shall also be responsible for maintenance of the Premises to ensure they are reasonably weed and pest free, that the landscape is trimmed and otherwise maintained, and that interiors are regularly cleaned, waxed, and otherwise maintained. The undersigned (fthe "Contractor"), ▇▇▇▇▇▇ agrees to protect, defend, indemnify and hold harmless , a(n) interior (the "Owner") and exterior windows; its successors in interest and assigns (g) collectively, the "Indemnitees"), the Indemnitees' members, managers, partners and affiliates, and each of their respective officers, agents, servants, employees and independent contractors from and against any elevators serving and all loss, cost, expense, liability, damage, claim and demand incurred in connection with, or arising from, any cause relating to the Building; performance of ANY WORK DONE IN THE BUILDING by the Contractor, or its agents, servants, or employees (h) floor coveringcollectively, interior partitionsthe "Contractor's Agents"), kitchens, bathrooms and restrooms (including, without limitationlimiting the generality of the foregoing, hot water heaters any default in the observance or performance of any of the terms, covenants or conditions of the Contract (as hereinafter defined), any injury to persons, including death, or damage to property in connection with the performance of the Contract, or any acts, omissions or negligence of Contractor or Contractor's Agents or any person claiming by, through or under Contractor or Contractor's Agents. Contractor hereby agrees that Contractor shall, at Contractor's sole cost and similar facilitiesexpense, systems and/or equipment); (i) electronic, fiber, phone defend any and data cabling, wiring all actions brought against Indemnitees based upon any of the foregoing with attorneys reasonably acceptable to Owner and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; shall pay any and (k) Alterationsall costs and expenses incurred in such actions, including, without limitation, court costs and professional fees such as appraisers', accountants', and attorneys' fees, and promptly discharge any Initial Alterationsjudgments arising therefrom. If Tenant fails to make any repairs to This covenant by Contractor shall survive the Premises for more than fifteen (15) days after notice from Landlord (although notice expiration or sooner termination of the Contract and the lease in connection with which Contractor performed the Contract. Indemnitees, their members, managers, partners and affiliates and each of their respective officers, agents, servants, employees and independent contractors shall not be required liable for any damage either to person, including death, or property, which is sustained by Contractor or Contractor's Agents or by any other person or entity claiming through Contractor or Contractor's Agents in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost connection with Contractor's or Contractor's Agents' performance of the repairs, together with an administrative charge in an amount equal Contract or any subcontracted operations. Contractor hereby agrees to fifteen percent (15%) insert the provisions of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage preceding sentence in any subcontract relating to the Building caused Owner's property. Contractor hereby further agrees that Contractor will perform the work and services in connection with the Contract as an independent contractor and not as an employee or agent of Indemnitees. As used herein, the term "Contract" shall include any agreement, whether oral or written, relating to any work performed and/or required to be performed by Tenant’s failure Contractor or Contractor's Agents with respect to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsleased premises.
Appears in 1 contract
Sources: Lease Agreement
Repairs and Maintenance. Tenant’s 18.1. Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain in good condition the structural and maintenance of (a) the roof, foundation exterior portions and structural elements Common Areas of the Building, and the Project, including roofing and covering materials; foundations; exterior walls; plumbing; fire sprinkler systems (b) mechanical (including HVACif any); HVAC systems; elevators; and electrical systems installed or furnished by Landlord. SMRH:418641349.9 28
18.2. Without limiting Landlord’s obligations under Article 4 and the Work Letter, electricaland except for services of Landlord, plumbing if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and fire/life safety systems serving expense maintain and keep the Building Premises and Premises every part thereof in general; (c) good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 expiration or sooner termination of the Premises; (d) Term, surrender the Easement Areas; (e) interior Premises to Landlord in as good a condition as when received, ordinary wear and exterior walls tear excepted and doors with the Tenant Improvements in substantially the same condition as existed upon Substantial Completion of the BuildingTenant Improvements; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor coveringshall, interior partitionsat Landlord’s request and Tenant’s sole cost and expense, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone remove all telephone and data cablingsystems, wiring and related equipment from the Premises (collectivelywith respect to wiring, “Cable”only to the extent installed by a Tenant Party (as defined below); (j) supplemental air conditioning units; ), and (k) Alterationsrepair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, includingremodel, without limitationimprove, repair, decorate or paint the Premises or any Initial Alterationspart thereof, other than pursuant to the terms and provisions of the Work Letter.
18.3. If Tenant fails Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for more than fifteen (15) days after notice the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord (although notice shall not be required and without reducing or otherwise affecting Tenant’s obligations under this Lease.
18.5. This Article relates to repairs and maintenance arising in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost ordinary course of operation of the repairsBuilding and the Project. In the event of a casualty described in Article 24, together with an administrative charge Article 24 shall apply in an amount equal lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceedsthis Article shall constitute Operating Expenses, Tenant shall reimburse Landlord for the cost of repairing damage subject to the Building caused by Tenant’s failure to maintain the insurance coverage required by provisions of Article 9 of this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsLease.
Appears in 1 contract
Sources: Lease (Affymetrix Inc)
Repairs and Maintenance. Section 1. Landlord shall keep the foundations, exterior walls (except plate glass or other special breakable materials used in structural portions), and roofs of all of the Buildings in good repair, and if necessary or required by proper governmental authority, make modifications or replacements thereof (subject to Tenant reimbursing the Landlord for Tenant’s repair Proportionate Share of all such cost incurred by Landlord pursuant to Article 4 of this Lease).
Section 2. Tenant shall keep the Leased Premises in good, clean, safe and maintenance obligations includehabitable condition, without limitationordinary wear and tear excepted, repairs in accordance with all applicable laws, ordinances, rules, requirements and regulations of all governmental authorities and agencies having jurisdiction over the Leased Premises with respect to and maintenance Tenant’s particular manner of (a) the roof, foundation and structural elements use of the Building; (b) mechanical (including HVAC)Leased Premises. Tenant shall, electricalat its sole cost and expense, plumbing subject to the prior written consent of Landlord, as described in Article 25, Section 17 of this Lease, make all needed repairs and fire/life safety systems serving replacements, except for repairs and replacements required to be made by Landlord under the Building and Premises in general; (c) provisions of Section 1 of this Article. Without limiting the lawnforegoing, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ it is understood that ▇▇▇▇▇▇▇▇▇▇ Road’s responsibilities therein include the maintenance, Tuckerrepair and replacement of all window coverings, Georgia 6 lighting, plumbing, and other electrical, mechanical and electromotive equipment which exclusively serve the Leased Premises, and fixtures and all utility repairs in ducts, conduits, pipes and wiring, and any sewer stoppage located in, under and above the Leased Premises, but not any lines, ducts, conduits, pipes and wiring prior to the point of entry to the Leased Premises. Tenant shall, at its own cost and expense, promptly replace with glass of the Premises; (d) the Easement Areas; (e) same quality, any cracked or broken glass including plate glass and any interior and exterior walls windows and doors in the Leased Premises, but not glass or other special breakable materials used in structural portions. If specifically required by Landlord, Tenant shall maintain a policy or policies of insurance in acceptable companies insuring Landlord and Tenant, as their interests may appear, against breakage of all such glass in the Leased Premises. If any repairs required to be made by Tenant under this Section 2 are not made within thirty (30) days after written notice is delivered to Tenant by Landlord, Landlord may, at its option, make such repairs without liability to Tenant for any loss or damage which may result to its stock or business by reason of such repairs; and Tenant shall pay to Landlord upon demand, the cost of such repairs pursuant to Article 18, Section 4 of this Lease.
Section 3. Notwithstanding any provision of this Lease to the contrary, Tenant shall, at its own cost and expense, be responsible for performing maintenance and repairs to the heating, ventilating and air conditioning system (HVAC) exclusively serving the Leased Premises in order to keep and maintain the HVAC system in good condition and repair. This shall include, but not be limited to, quarterly maintenance. Quarterly maintenance for purposes of this paragraph shall mean: inspection, changing filters and belts, and adjustments or maintenance that would generally be covered by a mechanical maintenance service contract. Landlord shall be responsible for replacing the HVAC system if replacement becomes necessary during the Lease Term, or any HVAC repair which exceeds $500.00. Upon request of the Building; (f) interior and exterior windows; (g) Tenant, Landlord shall assign to Tenant any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterationswarranties given to Landlord for said HVAC system. If Tenant fails to make any repairs perform its obligations under this Section 3, Landlord may, after 30 days notice to Tenant and opportunity to cure, at Landlord’s option, enter upon the Leased Premises for more than fifteen the purpose of performing Tenant’s obligations hereunder. Tenant shall pay to Landlord as Additional Rent, within five (155) days after notice from demand therefore, all costs incurred by Landlord (although notice in performing Tenant’s obligations. Landlord warrants and represents that the HVAC and all mechanical, electrical and plumbing systems in the Leased Premises shall not be required in an emergency)good working order as of the Commencement Date. In addition, Landlord may make warrants and represents to its knowledge there are no hazardous substances existing in the repairs, Leased Premises on the Commencement Date. In the event hazardous substances are ever discovered in the Leased Premises and Tenant shall pay the reasonable cost same were present therein as of the repairsdate Landlord delivered possession thereof to Tenant, together with an administrative charge in an amount equal to fifteen percent (15%) of then Landlord shall immediately, at its sole cost, remove such hazardous substances from the cost of Leased Premises and restore the repairs. To the extent Landlord is not reimbursed by insurance proceedsLeased Premises, Tenant shall reimburse Landlord for the cost of repairing damage including ▇▇▇▇▇▇’s decor, to the Building caused by Tenant’s failure condition existing therein immediately prior to maintain such removal. For purposes of this Section, a material, product, substance or condition shall be considered hazardous if its presence in the insurance coverage required by this Lease and/or caused the acts Leased Premises is in violation of Tenantany applicable environmental statute, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsregulation or ordinance.
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Repairs and Maintenance. Tenant’s 5.2 The Lessee shall keep the Leased Premises in good order and repair, reasonable wear and tear excepted. The Lessee shall repair or replace all broken or damaged doors, windows, fixtures and other portions of the Leased Premises. Notwithstanding the foregoing, the Lessee shall have no duty to make structural repairs to the Leased Premises unless the damage thereto has been caused by the act or omission of the Lessee or any failure by the Lessee to observe or perform any of its duties or obligations under this Lease.
5.3 The Lessee shall not overload the floors nor install any heavy machinery or other heavy equipment of any kind without first obtaining the prior written consent of the Lessor, which, if granted, may be conditioned upon the moving of such machinery and equipment by skilled, licensed handlers and installation and maintenance, at Lessee's sole cost and expense, of special reinforcing and settings adequate to absorb and prevent noise and vibration.
5.4 The Lessor shall repair and maintenance maintain the Leased Premises at Lessor's expense, except for any damage thereto caused by any act or omission of the Lessee or any failure by the Lessee to observe or perform any of its duties and obligations includeunder this Lease, without limitationin which event such damage shall be promptly repaired to the Lessor's satisfaction at the sole cost and expense of the Lessee, repairs to and maintenance of so that the Leased Premises shall have:
(a) the roof, foundation effective waterproofing and structural elements weather protection of the Building; roof and exterior walls;
(b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving facilities that substantially conform to applicable law in effect at the Building and Premises in general; time of installation;
(c) heating facilities which substantially conform with applicable law at the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 time of the Premises; installation;
(d) electrical lighting, with wiring and electrical equipment, which substantially conform with applicable law at the Easement Areastime of installation; and
(e) interior floors, stairways and exterior walls and doors of railings maintained in good repair; provided, however, that notwithstanding the Building; (f) interior and exterior windows; (g) any elevators serving foregoing the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails Lessor shall have no duty to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage otherwise required by this Lease and/or caused Section unless and until the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) Lessor shall have received notice of the cost of need therefore from the repairsLessee.
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Repairs and Maintenance. Tenant’s 19.1 Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain in good condition and maintenance of (a) repair the roof, foundation Buildings and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Common Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, grounds, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler systems (if any), heating, ventilating, air conditioning, elevators, and electrical systems. Notwithstanding anything to the contrary in this Lease, Landlord shall have no responsibility to maintain or repair any Initial Alterationsvivarium(s) or data center(s). If Tenant fails shall have sole responsibility to maintain and repair any vivarium(s) and data center(s). Landlord shall maintain the Common Areas in accordance with its property maintenance protocols as established from time to time in accordance with Landlord’s reasonable determinations of appropriate property maintenance protocols. Upon Tenant’s request, Landlord shall explain such protocols and consider Tenant’s comments. Any actual out-of-pocket costs related to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses subject to the CAM Pools, except Tenant shall pay for such repairs and maintenance to the extent that such repairs and maintenance are: (i) required in whole or in part because of any negligent act, neglect, fault or omissions of Tenant (where there is a duty to act), its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and maintenance; and (ii) not paid out of insurance proceeds. Landlord shall perform all work and have its contractors perform all work in accordance with Applicable Laws.
19.2 Except for services of Landlord, if any, required by Section 19.1 and elsewhere in this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear, insured casualty and permitted alterations excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and insured casualty excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and provisions of the Work Letter and this Lease.
19.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Subject to the Premises for more terms of this Lease, Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. Notwithstanding the foregoing, if Landlord fails to commence to make any necessary repair in any Building of which Tenant is the sole tenant (other than completion of any Punchlist Item or repair of any Defect in Landlord’s Work, which is governed by Section 4.5), that is Landlord’s obligation under this Lease within fifteen (15) days after Tenant has reported to Landlord the need for such repair, or fails to diligently proceed to complete such repair, and does not commence to remedy such failure within five (5) business days after further written notice from Landlord (although notice shall not be required in an emergency)Tenant, Landlord referring to this paragraph and Tenant’s right to perform Self-Help Work, then Tenant may make the repairssuch repairs as Self-Help Work, and the parties shall then have the same rights and obligations (subject to the same restrictions, except Tenant’s obligation to give prior notices or allow the passage of any cure periods) as set forth in Article 4 for Self-Help Work. In the event of an emergency on the Premises, Tenant shall pay may perform Self-Help Work within any Building of which Tenant is the sole tenant if in its reasonable determination such Self-Help Work is necessary. The reasonable cost and expense of such emergency Self-Help Work will be reimbursable by Landlord within thirty (30) business days of its receipt of an invoice from Tenant as long as Tenant did not cause the emergency. In the event Tenant and Landlord shall disagree as to the party responsible for the emergency they shall resolve the dispute through arbitration under Article 50.
19.4 Repairs under this Article 19 that are obligations of Landlord, including amounts paid by Landlord pursuant to Section 19.3, are subject to allocation among Tenant and other tenants as Operating Expenses to the extent they are included in the definition thereof, except as otherwise provided in this Article 19.
19.5 This Article 19 relates to repairs and maintenance arising in the ordinary course of operation of the repairsBuildings and the Project and any related facilities. In the event of fire, together with an administrative charge earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of damage or destruction, Article 23 shall apply in an amount equal to fifteen percent (15%) lieu of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsArticle 19.
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Repairs and Maintenance. Tenant’s 17.1. Landlord shall repair and maintenance obligations include, without limitation, repairs to and maintenance of (a) maintain the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Project Common Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, repair and maintenance of landscaping, parking facilities, driveways, walkways, lighting, utilities, snow removal, irrigation and storm water management systems (and the full cost thereof shall be included as a part of Operating Expenses), unless such maintenance or repairs are required in whole or in part because of any Initial Alterationsact, neglect, fault of or omissions of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such maintenance and repairs.
17.2. If Except for services of Landlord, if any, required by Section 17.1, Tenant fails shall at Tenant’s sole cost and expense keep the Demised Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear and condemnation excepted. Tenant shall, upon the expiration or earlier termination of the Term, surrender the Demised Premises to make Landlord in as good as condition as when received, condemnation and ordinary wear and tear excepted. Other than as specifically set forth in the Work Letter, Landlord shall have no obligation to alter, remodel, improve, repair, decorate, or paint the Demised Premises or any part thereof.
17.3. [Intentionally Omitted.]
17.4. Tenant shall at all times during the Term maintain and operate the Building in a first-class manner for the uses set forth in Section 2.1.10. Landlord shall at all times during the Term maintain and operate the Project in a first-class manner for (i) pharmaceutical, biological or medical device research laboratory uses and related manufacturing, warehouse and distribution uses, or (ii) first-class office uses.
17.5. This Article 17 relates to repairs to and maintenance arising in the Premises for more than fifteen (15) days after notice from Landlord (although notice ordinary course of operation of the Building, the Project and any related facilities. In the event of fire, earthquake, flood, war, or similar cause of damage or destruction, this Article 17 shall not be required in an emergency), Landlord may make applicable and the repairs, provisions of Article 21 entitled “Damage or Destruction” shall apply and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairscontrol.
Appears in 1 contract
Sources: Lease Agreement (Qiagen Nv)
Repairs and Maintenance. Tenant’s repair Tenant shall perform ordinary repairs and maintenance on the interior of the Premises, including all plumbing, wiring, piping, fixtures, doors, and mechanical equipment (HVAC, etc.) in good and substantial repair during the term of this Lease, or any extension thereof, and shall replace all glass in windows and doors damaged or broken during the term of the Lease; such agreements of Tenant, however, shall not apply to any damage caused by fire or other casualties which are covered by standard fire and extended coverage insurance. Tenant agrees to make such repairs promptly as they shall be needed and at its own expense. Landlord shall have no obligations include, without limitation, to make repairs to and maintenance of (a) the roofpremises, foundation other than roof and structural elements repairs. Landlord shall provide tenant with a one year warranty on the HVAC systems effective at Lease Commencement. Tenant shall at their own cost and expense, agree to enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord, for servicing all heating and air conditioning systems and equipment servicing the Premises and an executed copy of such contract shall be delivered to Landlord. This service contract must include all services suggested by the equipment manufacturer within the operations/maintenance manual and must become effective within thirty (30) days of the Building; date you take possession of the Premises. Landlord may (b) mechanical (including HVACbut shall not be required to), electricalupon notice to Tenant, plumbing and fire/life safety systems serving elect to enter into such a maintenance service contract on your behalf or perform the Building and Premises work itself and, in general; (c) either case, charge you therefore, together with a reasonable charge for overhead, provided in no event shall charges be greater than customary charges for similar services in the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇area. ▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior agrees to pay any and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any all expenses above $5,000 per year for major repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsHVAC sytem.
Appears in 1 contract
Sources: Commercial Lease
Repairs and Maintenance. (a) Except for repairs and replacements that Tenant must make as set forth in this Section, Landlord shall throughout the Term of this Lease be responsible for completing the following maintenance and repairs, such items to charged to the Tenant as Operating Expenses (as defined herein): (i) snow removal from the parking lot, (ii) lawn mowing, landscaping, and general grounds upkeep, (iii) janitorial services, and (iv) all mechanical system general maintenance and repair, not due to the negligence or neglect of Tenant.
(b) In addition, Landlord shall be responsible at its sole cost and expense for the maintenance, repairs and replacements of the following (which shall not be including in Operating Expenses), provided such repairs are not due to the negligence or neglect of Tenant: (i) exterior walls, (ii) foundation and footings, (iii) structural elements, (iv) parking lot, but expressly limited to one (1) year; (v) roof (including membrane, insulation and flashing), but expressly limited to the warranty period of ten (10) years for all labor and twenty (20) years for all materials; and (v) major mechanical system and major plumbing repairs and replacements, but expressly limited to the five (5) years for all HVAC repairs and replacements. Any mechanical repairs arising out of Tenant installations or Tenant modifications to the mechanical systems installed by Landlord shall be the responsibility of Tenant.
15.02 Tenant, at its sole cost and expense and throughout the term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly notify Landlord of the need for any repairs and replacements necessary to keep and maintain the Premises in good order and condition. Tenant’s obligations for repair and maintenance obligations include, without limitation, repairs to of the Premises shall include any repair and maintenance work not specifically required to be completed by Landlord as set forth in this Lease.
15.03 Tenant shall be responsible for the following repairs and replacements, including capital replacements and improvements, upon expiration of the applicable warranty: (ai) roof — 10 years labor, 20 years materials; (ii) HVAC — 5 years, except compressors that are 3 years; and (iii) parking lot and all paved areas — 1 year. Upon expiration of the foregoing warranty periods, Landlord shall have no obligation to repair the roof, foundation HVAC, and structural elements parking lot. All repairs made by Tenant shall to the extent commercially practicable utilize materials and equipment that are equal in quality and usefulness to those originally used in constructing the Premises. Tenant shall perform routine maintenance on all HVAC systems appurtenant to the Premises using a service firm(s), reasonably acceptable to Landlord, which shall provide service and maintenance in accordance with the manufacturer’s recommendations and shall provide a copy of the Building; contract to Landlord. In the event Tenant fails to enter into an HVAC service contract as provided above within ninety (b90) mechanical (including HVAC)days of occupying the Premises, electrical, plumbing Landlord shall obtain a contract on behalf of Tenant that is consistent with Landlord’s other maintenance contracts for other of its tenants and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation shall ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ RoadTenant directly for such contract.
15.04 Landlord shall have the right to inspect the Premises from time to time as it deems, Tuckerin its sole opinion, Georgia 6 necessary, and request that Tenant comply with the terms of this Section. Within thirty (30) days of written notice from Landlord, Tenant shall make, or diligently pursue to completion, all repairs and replacements it is instructed to make pursuant to Landlord’s notice; provided that such repairs and/or replacements are required to be made by Tenant under the Premises; (d) terms of this Lease.
15.05 In the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If event Tenant fails to make any repairs perform, or diligently pursue to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency)completion, its obligations under this section, Landlord may make the repairsmay, after giving written notice and Tenant shall pay a cure period not to exceed thirty (30) days, perform on Tenant’s behalf and recover the reasonable cost out of pocket costs and expenses of said performance from Tenant upon demand and presentation of invoices representing the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairssame. To the extent Landlord is not reimbursed by insurance proceeds, Tenant Any such amounts shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsbe considered Additional Rent hereunder.
Appears in 1 contract
Repairs and Maintenance. Tenant’s repair A. Subject to provisions of paragraph 15, Lessor shall keep and maintenance obligations include, without limitation, repairs to and maintenance of (a) maintain the roof, foundation and paving, structural elements of the Building; (b) mechanical (including HVAC)elements, electricallandscaping, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawnirrigation, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; building in which the Premises are located in good order and repair. Lessee shall reimburse Lessor for its proportionate share of said expenses, except for roof structure and other structural elements which shall be at Lessor's sole cost and expense, within ten (f10) interior days of Lessee's receipt of Lessor's invoice demanding payment. If, however, any repairs or maintenance is required because of an act or omission of
(1) Lessor does not currently carry earthquake insurance. However, Lessor reserves the right to do so should it become available at commercially reasonable rates. Lessee's obligation to pay premiums for earthquake insurance shall be limited to 150% of the cost of coverage provided for in this Section 9C. Lessee or its agents, employees, or invitees, Lessee shall pay to Lessor upon demand one hundred percent (100%) of the costs of such repair and exterior windows; (g) any elevators serving maintenance. SEE ADDENDUM #7
B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and maintain the Building; (h) floor covering, interior partitions, kitchens, bathrooms entire Premises and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterationsevery part thereof, including, without limitation, any Initial Alterationsthe windows, window frames, plate glass, glazing, truck doors, doors, all door hardware, interior of the Premises, interior walls and partitions, and electrical, plumbing, lighting, heating, and air conditioning systems in good and sanitary order, condition, and repair. If Tenant fails Lessee shall, at all times during the Lease term and at his expense, have in effect a service contract for the maintenance of the heating, ventilating, and air-conditioning (HVAC) equipment with an HVAC repair and maintenance contractor approved by Lessor which provides for periodic inspection and servicing at least once every three (3) months during the term hereof. Lessee shall further provide Lessor with a copy of such contract and all periodic service reports. Should Lessee fail to make any repairs to maintain the Premises for more than fifteen (15) days after or make repairs required of Lessee hereunder forthwith upon notice from Landlord (although notice shall not be required Lessor, Lessor, in an emergency)addition to all other remedies available hereunder or by law, Landlord and without waiving any alternative remedies, may make the repairssame, and Tenant shall pay the reasonable cost of the repairsin that event, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant Lessee shall reimburse Landlord Lessor as additional rent for the cost of repairing damage to such maintenance or repairs on the Building caused by Tenant’s failure to maintain next date upon which rent becomes due. Lessee hereby expressly waives the insurance coverage required by this Lease and/or caused the acts provision of TenantSubsection 1 of Section 1932, Tenant Related Parties (as hereinafter defined) and their respective contractors Sections 1941 and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) 1942 of the cost Civil Code of California and all rights to make repairs at the repairsexpense of Lessor, as provided in Section 942 of said Civil Code.
Appears in 1 contract
Sources: Lease (SCM Microsystems Inc)
Repairs and Maintenance. Tenant’s During said lease term or any other period of occupancy prior to or after said lease term the LESSOR shall maintain and keep in good repair the exterior of the building within which the leased premises is contained (inclusive of the obligation to maintain and maintenance obligations include, without limitation, repairs to and maintenance of (a) repair the roof, foundation gutters and structural elements downspouts and to keep said building structurally sound, but exclusive of any such exterior part of the Buildingpremises damaged by the negligence of LESSEE or its employees, agents, contractors or representatives) and the entire Common Area within said CENTER; (b) mechanical (including HVAC)provided, electricalhowever, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice LESSOR shall not be required in an emergencyobligated to repair and maintain any part of the exterior storefront of said premises (meaning any part of any door, doorframe or doorjamb, window or window frame), Landlord may make or any other exterior door or window or part thereof, or any exterior sign, awning, light fixture or canopy or part thereof which has been installed by or for LESSEE and which constitutes part of or is affixed to said premises. During said same period or periods, in addition to being responsible for the repairs, maintenance and Tenant shall pay the reasonable cost repair of those parts of the repairspremises which as above mentioned are not obligations of the LESSOR, together LESSEE shall maintain and keep in good repair and condition the interior of the demised premises, including but not limited to the walls, floors and ceilings and any parts thereof; and LESSEE shall further be responsible for the repair, maintenance and replacement, if necessary, of all mechanical, electrical and plumbing systems or parts thereof within or exclusively serving said premises, including but not limited to, the heating, ventilating and air conditioning (HVAC) systems. LESSEE shall enter into a preventive maintenance service contract with an administrative charge in an amount equal to fifteen percent a reputable company approved by LESSOR for the regular and periodic servicing (15%not less than twice each year) of the cost HVAC system upon and serving the premises. LESSEE shall also contract with a filter replacement service for monthly replacement of filters in the HVAC equipment. LESSEE shall maintain such service contracts in effect throughout the lease term and LESSEE'S occupancy of the repairspremises. To the extent Landlord is not reimbursed by insurance proceedsIf LESSEE shall fail to enter into and maintain such HVAC service contract and such filter replacement service contract, Tenant or shall reimburse Landlord fail to furnish LESSOR on request with satisfactory evidence that such contracts are in effect, LESSOR may, at its option, enter into such contracts for and on behalf of LESSEE and the cost thereof shall, on demand, be promptly paid by LESSEE to LESSOR; provided, however, LESSOR shall have no obligation by virtue of repairing damage this provision to contract for such services. Additionally, LESSEE understands that failure to cause such HVAC equipment to be regularly and properly serviced and maintained may also negate or void any existing warranties on such equipment. Notwithstanding the LESSOR'S covenants herein set forth, LESSEE shall be solely responsible for keeping the sidewalk immediately in front of its storeroom premises free from snow and ice. Further notwithstanding the foregoing to the Building caused by Tenant’s failure to maintain contrary, LESSOR warrants that the insurance coverage required by this Lease and/or caused the acts HVAC system shall be in good working condition and repair upon delivery of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) possession of the cost premises to LESSEE; and that LESSOR shall be responsible for such HVAC repair (excluding routine changing of filters) should anything go wrong with the repairssystem during the first six (6) months of said Primary Term.
Appears in 1 contract
Sources: Lease (Family Christian Stores Inc)
Repairs and Maintenance. TenantLessor shall, at Lessor’s repair and maintenance obligations includeexpense, without limitation, repairs to and maintenance of (a) maintain the roof, foundation gutters, exterior walls (including painting), bearing walls, structural members, floor slabs, foundation, exterior water, sewer, and structural elements other utility lines up to the point of entry to the buildings, water, sewer, and utility lines within the walls or underground that a damaged where damage is not due to Tenant’s negligence, and major repair or replacement of the Building; HVAC equipment. Lessor’s obligation to repair shall arise only upon receipt of written notice from Tenant, and Lessor shall have a reasonable period of time after receipt of such notice to commence and complete such repairs. Tenant’s responsibilities shall be maintenance of ceilings, floor coverings, interior walls, light fixtures, doors & windows, and plumbing & electrical outside the walls and above ground level, grounds, regular service of the HVAC equipment (b) mechanical (including HVACexcluding major repair or replacement), electricaland any repairs due to the Tenant’s negligence, plumbing or negligence of customers for the Tenant. Except for repairs and fire/life safety systems serving maintenance which are the Building and responsibility of Lessor under the provisions of this paragraph, Tenant shall, at Tenants expense, maintain the Leased Premises in general; (c) good order and condition during the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 term of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterationsthis lease. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceedsSpecifically, Tenant shall reimburse Landlord be responsible for all repair or replacement in the cost of repairing damage same manner as a reasonably prudent owner, and repairs and replacements shall be made without regard to the Building caused expiration date of this lease provided Tenant is notified in writing by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) Landlord within 90 days after expiration of the cost of the repairslease.
Appears in 1 contract
Repairs and Maintenance. The provisions of Section 18.1 and 18.2 of the Existing Lease shall apply solely to the 9708 Premises. With respect to the 9712 Premises, Landlord’s and Tenant’s repair obligations shall be as follows:
12.1. Landlord shall repair and maintenance obligations include, without limitation, repairs to and maintenance of maintain (a) the roof, foundation structural and structural elements exterior portions of the 9712 Building; , including roofing and covering materials, foundations (excluding any architectural slabs, but including any structural slabs) and exterior walls and windows, (b) mechanical (including HVAC)shared plumbing system, electrical, plumbing and fire/life safety sprinklers and fire sprinkler systems including the fire alarm panel and associated monitoring of the fire life safety panels, HVAC systems (excluding any supplemental HVAC serving the 9712 Premises installed by Tenant) within the 9712 Building and Premises the central boilers located in general; the 9708 Building that serve the South Campus, elevators, and electrical systems installed or furnished by Landlord, and (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 and the Common Areas of the Premises; South Campus and the Project.
12.2. Except for services of Landlord required by Section 12.1, Tenant shall, at its sole cost and expense, maintain and keep the 9712 Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (1510) days after receipt of written notice from Landlord, provide to Landlord (although notice any maintenance records that Landlord reasonably requests. Tenant shall not be required commit waste or nuisance in an emergency)the 9712 Premises. Tenant shall, upon the expiration or sooner termination of the 9712 Premises Term, surrender the 9712 Premises to Landlord may make the repairsin as good a condition as when received, ordinary wear and tear excepted. Tenant shall be responsible for maintenance and repair of appliances and shall pay for unstopping any drains or water closets in the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsPremises. To the extent Landlord is not reimbursed by insurance proceedsIn addition, Tenant shall reimburse Landlord be responsible for maintenance, repair and replacement of all non-building standard items or fixtures in or serving the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant9712 Premises. In addition, Tenant Related Parties (as hereinafter defined) shall be responsible for maintenance, repair and their respective contractors and vendors, together with an administrative charge replacement of all non-building standard items or fixtures in an amount equal to fifteen percent (15%) of or serving the cost of the repairs9712 Premises.
Appears in 1 contract
Sources: Lease (Glycomimetics Inc)
Repairs and Maintenance. Tenant’s repair and maintenance obligations include, without limitation, repairs to and maintenance of (a) the roofSubject to Section 2(b) above, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 by taking possession of the Premises; (d) , Tenant shall be deemed to have accepted the Easement Areas; (e) interior Premises as being in good and exterior walls sanitary order, condition and doors repair, including the initial Tenant Improvements, in good, clean and first-class condition and repair, and in any event in at least as good condition as on the Commencement Date, reasonable wear and tear excepted. Without limiting the generality of the Building; foregoing (fbut subject to Section 2(b) above), Tenant shall be solely responsible for maintaining and repairing all fixtures, non-Building standard electrical lighting, ceilings and floor coverings, windows, doors, plate glass, skylights, and interior walls within the Premises using the same quality of materials as used in the original construction. In addition, Tenant shall be responsible for all repairs made necessary by Tenant or any Tenant Party. Landlord acknowledges that Tenant shall have no obligation to repair or maintain any areas of the Building outside of the Premises, unless such repair or maintenance is required due to acts of Tenant or any Tenant Party. Excepting maintenance, repairs or replacements required due to the negligence or willful misconduct of Landlord, its agents, employees, contractors and exterior windows; (g) subcontractors, Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any elevators serving telecommunications or computer cabling or wiring which is located in the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment Premises or which exclusively serves the Premises (collectively, “CableCabling”); . Tenant shall, at Tenant’s expense, contract with a reputable contractor to maintain the Cabling. 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 repairs to the Building or to the mechanical, electrical or heating, ventilating, air conditioning, fire sprinkler or energy management control systems of the Premises or the Building, unless such repairs are previously approved in writing by Landlord, which shall not be unreasonably withheld, conditioned or delayed. Tenant waives the provisions of 1931(1), 1941 and 1942 of the California Civil Code, and any similar or successor law regarding Tenant’s right to make repairs and deduct expenses of such repairs from the Rent due under this Lease.
(jb) supplemental air conditioning units; Landlord shall operate the Building to a standard of quality consistent with that of other comparable office buildings in the City and County of San Francisco as of the Commencement Date and shall (i) provide nonexclusive, non-attended automatic passenger elevator service at all times, and (kii) Alterationsreplace Building standard lamps, includingstarters and ballasts (all nonstandard lighting within the Premises shall be the responsibility of Tenant).
(c) Landlord shall be responsible for maintaining and repairing all structural portions of the Building and shall maintain the roof, without limitationsidewalls, and foundations of the Building in good, clean and safe condition and repair. Landlord shall also maintain all Building Common Areas. Landlord shall be responsible for maintenance and repair of all Building Systems, provided, however, that Tenant shall be responsible for maintaining all fixtures and equipment, including sink(s), which may be located within the Premises. Except as otherwise provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant’s obligations under this Lease be reduced or abated in any Initial Alterationsmanner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenants’ lease or required by law to make to any portion of the Building or the Premises. Landlord shall use reasonable efforts to minimize any interference with Tenant’s business at the Premises. If Tenant fails to make any repairs to maintain the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be as required in an emergencySection 11(a), Landlord may make give Tenant 30 days’ written notice to do such acts as are reasonably required to so maintain the repairsPremises. If Tenant fails to promptly commence such work within such time period and thereafter diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall pay be paid by Tenant promptly after demand with interest at the reasonable cost Prime Rate plus 2% per annum, from the date of such work, but not to exceed the maximum amount then allowed by law. Landlord shall have no liability to Tenant for any damage, inconvenience, or interference with the use of the repairsPremises by Tenant as the result of performing any such work. For the purpose of this Lease, together with an administrative charge the “Prime Rate” shall mean the rate, or base rate, reported in an amount equal to fifteen percent the Money Rates column or section of The Wall Street Journal as being the base rate on corporate loans at large U.S. money center commercial banks (15%whether or not such rate has actually been charged by any such bank) of on the cost of first date on which The Wall Street Journal is published in the repairs. To month preceding the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for month in which the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairssubject costs are incurred.
Appears in 1 contract
Repairs and Maintenance. (a) Except as otherwise expressly provided in paragraph 3 and subparagraph 12(b) below, Tenant, at Tenant’s sole cost and expense, shall keep and maintain all portions of the Premises (including nonstructural, interior portions, systems and equipment) at all times during the term hereof in good order, condition and repair as a first-class retail/commercial real property development (including interior repainting and refinishing, as needed), and shall be responsible for all maintenance to the same. Such repair and maintenance obligations shall include, without limitationbut not be limited to, repairs all interior utility systems and equipment from the point of connection to the Building, including components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Premises, all exterior and interior doors and door closures, and all plate glass located in the Premises. In addition, Tenant shall, at its expense, obtain from a HVAC service company designated by or reasonably satisfactory to Landlord and maintain during the term of this Lease a quarterly maintenance service contract on the HVAC unit that serves the Premises. If any portion of the Premises or any system or equipment in or serving the Premises which Tenant is obligated to repair cannot be fully repaired or restored, Tenant shall promptly replace such portion of the Premises or system or equipment in or serving the Premises, regardless of whether the benefit of such replacement extends beyond the term of this Lease; but if the benefit or useful life of such replacement extends beyond the term of this Lease (as such term may be extended by exercise of any options), the useful life of such replacement shall be prorated such that Tenant shall be liable only for that portion of the cost which is applicable to the term of this Lease (as extended). It is the intention of Landlord and Tenant that at all times Tenant shall maintain the portions of the Premises which Tenant is obligated to maintain in an attractive, first-class and fully operative condition. Tenant shall pay directly to the vendors all costs incurred by Tenant for the operation and maintenance of the Premises. At the expiration or earlier termination of this Lease, and subject to the provisions of paragraph 12(c) with respect to alterations or improvements to the Premises made by Tenant, Tenant shall return the Premises to the Landlord in as good condition as when received, ordinary wear and tear excepted. Notwithstanding the foregoing, Landlord shall assign and transfer all warranties for Tenant’s benefit in the event Tenant is required to promptly replace such portion of the Premises or system or equipment in or serving the Premises including but not limited to all interior utility systems and equipment from the point of connection to the Building, including components of electrical, mechanical, plumbing, heating and air conditioning systems and facilities located in the Premises.
(ab) Notwithstanding the roofprovisions of subparagraph 12(a) above, foundation Landlord, at Landlord’s sole cost and expense, shall maintain in good order, condition and repair: (i) all structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterationsthe floor slab, footings, foundations, exterior walls (but excluding windows, doors, plate glass, skylights, entries, and the interior surfaces of exterior walls), roof structure, roof deck, and all utility lines from the point of connection in the street up to the point of connection to the Building, and (ii) subject to reimbursement as set forth in paragraph 10(a), the parking areas and other common areas of the Project. If Tenant fails Landlord shall not be obligated to make any such repairs to the Premises for more than fifteen (15) days after unless Landlord shall have received written notice from Landlord (although notice shall not be required in an emergency), Landlord may make Tenant of the need for such repairs, and Landlord shall have a reasonable period of time to make such repairs. Notwithstanding the foregoing, in no event shall Landlord be responsible for any repairs which are required to be made due to the acts of Tenant shall pay the reasonable or Tenant’s agents, employees or invitees, all of such repairs to be made by Tenant at Tenant’s sole cost and expense. Further, Landlord’s liability with respect to any repairs for which Landlord is responsible under any of the repairs, together with an administrative charge in an amount equal provisions of this Lease shall be limited to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the such repairs.
Appears in 1 contract
Repairs and Maintenance. TenantThe Institute shall repair defects, which arise from ordinary wear and tear, at the Institute’s expense. Without limitation, all defects caused by the acts or omissions of Resident, Resident’s guests or invitees, will be so charged to Resident, including the cost of repair to or clearing of waste pipes and drains, repair to water pipes, plumbing fixtures, or overflow therefrom caused by negligent or improper usage or the introduction of articles or materials into the system for which the system was not intended, and including the cost of repair or replacement of damaged or missing furniture, fixtures, appliances or equipment. The Institute shall not be liable for failure to make any repair unless Resident has given to the Institute written notice of the need for repair and maintenance obligations includethe Institute has had a reasonable amount of time to make the repair. Upon the expiration or termination of this License Contract, Resident shall return the Premises to the Institute in the same condition as received less reasonable wear and tear. ALTERATIONS Resident shall not make, nor suffer to be made, any alterations to the Premises, or any part thereof, without the Institute’s prior written consent. Without limitation, repairs “alterations” include painting, installing antenna or satellite dish, placing or displaying signs, or using fastening devices. If Premises come furnished, the Institute will not remove or store furnishings provided in the Premises. PERSONAL PROPERTY Resident assumes all risks for personal property in Institute Housing, or any facility managed by the Housing Office. The Institute does not insure Resident’s personal property. If Resident wishes to insure his or her personal property, he or she shall obtain and maintenance of (a) maintain the roofinsurance. STORAGE The Institute does not provide free storage, foundation and structural elements of is not responsible for providing storage space for Resident’s belongings. Resident is fully responsible, and assumes all risks for personal items left in facilities. At no time is the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ Institute responsible for such items. PETS Resident is not permitted to maintain pets except as provided by Caltech’s Pet Policy found at ▇▇▇▇://▇▇ ▇▇.▇▇▇▇▇▇▇.▇▇▇ Road▇▇▇▇▇.▇▇▇/. CLEANING Room or off-campus house cleaning services require a special request to Housing Maintenance for an additional fee. Non-Caltech custodial vendors are not permitted in Institute Housing unless contracted through Institute Housing. KEYS One key will be issued to Resident. Resident agrees not to duplicate or loan any key, Tuckerand to return all residential keys issued upon termination of this License Contract. Non-returned keys may require re-keying of Premises and the re-keying will be charged to Resident. GUESTS Resident may have an overnight guest for a maximum of three nights per month. Institute guest policy is a privilege and can be rescinded. FURNITURE, Georgia 6 FIXTURES AND EQUIPMENT Resident acknowledges receipt in good condition of the carpeting/flooring, window coverings, furniture/furnishings and a smoke detector, without warranty, expressed or implied, by the Institute as to its condition or fitness. Resident shall not alter the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors ’ fixtures, furnishings or equipment without consent of the Building; (f) interior and exterior windows; (g) any elevators serving Institute. Upon the Building; (h) floor coveringexpiration or termination of this License Contract, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to Resident shall return the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairsPremises, together with an administrative charge Institute’s furniture, fixtures and equipment to Institute in an amount equal to fifteen percent (15%) the same condition as when received, less reasonable wear and tear. Resident waives the provisions of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceedsCalifornia Civil Code Section 1957, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsif applicable.
Appears in 1 contract
Repairs and Maintenance. Tenant’s repair and maintenance obligations include, without limitation, repairs to and maintenance of (a) Tenant shall, at Tenant's sole cost and expense, maintain the Premises in good, clean and safe condition and repair, ordinary wear and tear excepted. Without limiting the generality of the foregoing, Tenant shall be solely responsible for maintaining and repairing all fixtures, electrical lighting, ceilings and flooring coverings, windows, doors, plate glass, skylights, and interior walls within the Premises. In addition, Tenant shall be responsible for all repairs made necessary by Tenant, its employees, agents, contractors or invitees. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises except as specifically set forth in this Lease. Under no circumstances shall Tenant make any repairs to the Building or to the mechanical, electrical or heating, ventilating or air conditioning systems of the Premises or the Building, unless such repairs are previously approved in writing by Landlord, which shall not be unreasonably withheld or delayed.
(b) Landlord, at its expense, shall be responsible for repairing any (i) patent defects in the Tenant Improvements constructed by Landlord, its agents, employees, contractors and/or subcontractors, for a period of one year following Substantial Completion and (ii) latent defects, and making all structural repairs to the Building and Project, and shall maintain the roof, foundation sidewalls, and structural elements foundations of the Building; (b) mechanical (including HVAC)Building in good, clean and safe condition and repair. Landlord shall also maintain all landscaping, driveways, parking lots, fences, signs, sidewalks and other exterior Project Common Areas and interior Building Common Areas of the Project in a first class condition. Landlord, at its expense, shall be responsible for maintenance and repair of all plumbing, heating, electrical, plumbing air conditioning and fire/life safety systems serving ventilation systems. Subject to the limitations set forth in Section 7 of this Lease, all expenses incurred by Landlord pursuant to this Section 13(b) shall be within the definition of Operating Expenses. The foregoing obligations of Landlord contained in this Section 13(b) are collectively referred to as "LANDLORD'S REPAIRS". Except as otherwise provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant's obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord making any repairs or changes which Landlord is required or permitted by this Lease or by any other tenants' lease or required by law to make in or to any portion of the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of or the Premises; (d) . Landlord shall use reasonable efforts to minimize any interference with Tenant's business at the Easement Areas; (e) interior Premises, including performing work during off-business hours, and exterior walls and doors of shall provide Tenant with written notice prior to commencing any repairs or changes which might interfere with Tenant's business at the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial AlterationsPremises. If Tenant fails to make maintain the Premises in good order, condition and repair, Landlord may give Tenant thirty (30) days written notice to do such acts as are reasonably required to so maintain the Premises. If Tenant fails to promptly commence such work within such time period and diligently prosecute it to completion, then Landlord shall have the right to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand with interest at the "REFERENCE RATE" (formerly, "Prime Rate") then being charged by the San Francisco main office of Bank of America NT & SA plus two percent (2%) per annum, from the date of such work, but not to exceed the maximum amount then allowed by law. Except as set forth in this Lease, Landlord shall have no liability to Tenant for any repairs damage, inconvenience, or interference with the use of the Premises by Tenant as the result of performing any such work. Notwithstanding the foregoing, if as a result of Landlord's failure to perform the Landlord's Repair (delays due to Force Majeure Events and/or Tenant Delays shall not constitute a Landlord's failure to perform the Landlord's Repairs), Tenant is unable to conduct business operations within the Premises, to the Premises extent that such disruption continues for more three (3) business days, for each day thereafter until such disruption ceases, Tenant shall be entitled to a single day of Base Rent-free possession of the Premises; provided, however, if Tenant proceeds under Section 13(b) or 13(c), such abatement shall cease upon Tenant's completion of such repair or the date that such repair would have been completed had Tenant utilized its commercially reasonable efforts, which ever is sooner.
(c) Notwithstanding any other provisions of this Lease to the contrary, upon receipt of written notice (the "FIRST REPAIR NOTICE") from Tenant that Landlord Repairs are required, Landlord shall cause such repair to be made within a reasonable period of time given the circumstances but in no event later than thirty (30) days after it receives the Repair Notice; provided, however, that if the repair is of such a nature that it cannot be completed within thirty (30) days (which fact shall be indicated in writing delivered to Tenant by Landlord), then such longer time as reasonably necessary to complete such repairs. If Landlord fails to make the repair within the said time period, Tenant may give an additional notice (the "SECOND REPAIR NOTICE") to Landlord. If Landlord fails to commence thereafter such repair within five (5) days after receipt of the Second Repair Notice and thereafter diligently pursue said repair to completion, Tenant may perform such repair. All repairs performed by Tenant pursuant to this Section shall be made by a qualified licensed contractor(s) with sufficient expertise in such matters and in accordance with all applicable laws, statutes and ordinances. Landlord shall reimburse Tenant for Tenant's actual costs incurred within fifteen (15) days after notice Landlord's receipt of a written demand from Tenant, which demand shall include supporting invoices. Amounts not paid by Landlord (although notice within such time period shall not be required accrue interest at the Reference Rate until paid in an emergency)full. If Landlord disputes the need for such repair, Landlord shall deliver written notice of such disagreement to Tenant within ten (10) days after its receipt of the Repair Notice. Notwithstanding such dispute, Tenant may make the repairscause such repair to be completed pending resolution of such dispute. The dispute shall be resolved by a mutually acceptable third party engineer, which determination shall be binding upon Landlord and Tenant Tenant. The losing party shall pay the reasonable cost costs of the repairsengineer or arbitrator, together with an administrative charge in an amount equal to fifteen percent whichever is applicable.
(15%d) Landlord acknowledges that certain of the cost Landlord Repairs may have to be made on an expedited basis due to a material disruption of Tenant's business operations caused by such condition, which condition shall be referred to as an "EMERGENCY CONDITION." In this regard, in the repairs. To the extent event an Emergency Condition relating to a Landlord is not reimbursed by insurance proceedsRepair exists, Tenant shall reimburse deliver to Landlord, by facsimile, a written notice ("EMERGENCY NOTICE") describing such Emergency Condition. The Emergency Notice shall, in bold typed across the top, stating "AN EMERGENCY SITUATION EXISTS AT THE PREMISES REQUIRING YOUR IMMEDIATE ATTENTION." In the event that Landlord fails to commence repair of the Emergency Condition within twenty-four (24) hours (if such situation occurs during non-business hours, Tenant shall utilize Landlord's paging system, the procedure for which shall be provided to Tenant prior to the Commencement Date), Tenant, using licensed contractors which are qualified to perform such tasks in compliance with applicable laws, shall have the right to make the Landlord Repairs; provided, however, such repairs shall be limited to the temporary remediation of such Emergency Condition and Landlord shall thereafter be responsible for the cost full repair of repairing damage to the Building caused by such condition. Landlord shall reimburse Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge 's actual expenses incurred in an amount equal to making such temporary remediation repairs within fifteen percent (15%) days following Landlord's receipt of written demand and supporting invoices. Amounts not paid by Landlord within such time period shall accrue interest at the cost of the repairsReference Rate until paid in full.
Appears in 1 contract
Repairs and Maintenance. Tenant’s 18.1 Landlord shall repair and maintenance obligations include, without limitation, repairs to and maintenance of maintain (a) the roof, foundation structural and structural elements exterior portions of the Building; Building including roofing and covering materials, foundations, and exterior walls and windows, (b) mechanical the life-safety sprinklers and fire panel (including HVAC)associated monitoring of the fire panel and elevator safety) within the Building, electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways central boilers and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of chillers located in the Premises; Building that serve the South Campus and (d) the Easement Areas; (e) interior and exterior walls and doors Common Areas of the Building; (f) interior South Campus and exterior windows; (g) the Project.
18.2 Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear excepted.
18.3 Landlord shall not be liable for any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice, of which electronic notice in accordance with Section 39 below shall be acceptable, of the need of such repairs or maintenance. Except as otherwise expressly provided in this Lease, Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4 If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for more than fifteen the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s obligations under this Lease. Notwithstanding the foregoing, no such excavation shall occur that may adversely affect Tenant’s Permitted Use of the Premises.
18.5 This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Project. In the event of a casualty described in Article 24, Article 24 shall apply in lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6 Except where expressly excluded from Operating Expenses under Section 9.1(a) above, costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses.
18.7 Notwithstanding anything to the contrary in this Lease, in the event that (15a) days after notice from a component of a Base Building System (as defined below) that is considered a capital item (pursuant to generally accepted accounting principles) needs to be replaced (as reasonably determined by an independent consultant mutually selected by Landlord and Tenant) (although notice shall not be required in an emergencyany such item, a “Required Capital Replacement”), Landlord may make and (b) the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord need for such replacement is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost as a result of repairing damage to the Building caused by Tenant’s failure to properly maintain and repair the insurance coverage required by applicable Base Building System in accordance with this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) reasonably determined by said independent consultant), Landlord shall make such Required Capital Replacement at Landlord’s sole cost and their respective contractors expense (and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) such costs shall be excluded from Operating Expenses). “Base Building System” means any one of the cost following to the extent located in the Building: (a) HVAC, (b) elevators, (c) plumbing, mechanical and electrical systems and (d) fire and life safety systems. Except as otherwise expressly set forth in this Section 18.7, nothing in this Section 18.7 shall modify or amend Tenant’s obligations under this Lease with respect to the repair and maintenance of the repairsPremises.
Appears in 1 contract
Sources: Lease (Glycomimetics Inc)
Repairs and Maintenance. TenantFOUNDATION shall, at FOUNDATION’s sole cost and expense and to CITY’s satisfaction, maintain the Premises, in same or better order and repair and maintenance obligations includein a safe, without limitationhealthy and sanitary condition at all times during the Term of this Agreement, repairs subject to normal and maintenance of (a) ordinary wear and tear resulting from the roof, foundation and structural elements use of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving Agreement. FOUNDATION shall maintain the Building and Premises in general; (c) a manner consistent with other similar facilities in the lawnSan Diego County area. FOUNDATION shall keep the Premises free and clear of rubbish, walkways debris and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 litter at all times. FOUNDATION shall be responsible for maintaining the exterior of the building, landscaping, walkways, within designated Premises; . FOUNDATION shall immediately repair or replace any defective equipment or improvements within three (d3) the Easement Areas; working days of being noticed by CITY. FOUNDATION shall comply with any applicable water restrictions in full compliance with all (eStorm Water and Discharge Control) interior and exterior walls and doors of the Building; Best Management Practices (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipmentBMP); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice FOUNDATION agrees that CITY shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of perform or assume the cost of the any maintenance, repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage or services to the Building caused by Tenant’s failure to Premises except that specifically set forth in this Agreement as CITY obligations. The CITY shall maintain the insurance coverage required by this Lease and/or caused park restrooms. FOUNDATION agrees that it is FOUNDATION’s sole responsibility to repair and maintain the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) interior of the cost Premises and appurtenances in same or better condition as the start of this Agreement, including but not limited to changing light bulbs, unclogging drains, painting interior walls, and cleaning of floor coverings, subject to normal and ordinary wear and tear resulting from its use of the repairsPremises pursuant to this Agreement. FOUNDATION shall keep the Premises free from waste and keep the interior free from rodents, roaches and other pests which may damage the park and various improvements located upon the Premises in good faith and to the best of its ability. FOUNDATION must obtain all required permits for appropriate handling of chemical applications to the interior of the Premises. Exterior chemical applications will be arranged through CITY as part of routine park maintenance operations. CITY shall provide 10-day notice of any chemical applications to FOUNDATION.
Appears in 1 contract
Sources: License Agreement
Repairs and Maintenance. Tenant’s 18.1. Subject to the limitations set forth in Section 16.9, Landlord shall repair and maintenance obligations include, without limitation, repairs to maintain the Common Area and maintenance of (a) the roof, foundation structural and structural elements exterior portions of the Building, including roofing and covering materials; foundations (b) mechanical (excluding any architectural slabs, but including HVACany structural slabs), electrical, plumbing ; exterior walls; plumbing; fire sprinkler and fire/life safety systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, the portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, and any supplemental HVAC serving the Premises including but not limited to any supplemental HVAC serving Tenant’s vivarium, shall not be part of the base Building HVAC and shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); the Generator, the Acid Neutralization Tank and associated monitoring system; elevators; and all base Building electrical systems, in a first class manner comparable to other buildings in Cambridgeport, Cambridge, Massachusetts owned or operated by Landlord or its affiliates that are similar to the Building and operated and used for the same use as the Permitted Use.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises in general; (c) including but not limited to the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises and any supplemental HVAC serving the Premises; , including but not limited to any supplemental HVAC serving Tenant’s vivarium), and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted, and shall, within ten (d10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the Easement Areas; (e) interior and exterior walls and doors expiration or sooner termination of the BuildingTerm, surrender the Premises to Landlord in as good a condition as existed when the Tenant Improvements are finally completed by Landlord, and with respect to Alterations, in substantially the same condition as existed on the date such Alterations are substantially completed by Tenant, ordinary wear and tear excepted; and shall, at Landlord’s request (fwritten notice of which shall be provided in writing at least eight (8) months prior to the expiration of the Term) interior and exterior windows; (g) any elevators serving the Building; (h) floor coveringTenant’s sole cost and expense, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone remove all telephone and data cablingsystems, wiring and related equipment (collectivelyfrom the Premises, “Cable”); (j) supplemental air conditioning units; repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than pursuant to the terms and (k) Alterations, including, without limitation, provisions of the Work Letter or Section 4.1.
18.3. Landlord shall not be liable for any Initial Alterations. If Tenant fails failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense.
18.4. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for more than fifteen (15) days after notice the purpose of performing such work as such person shall deem necessary or desirable to preserve and protect the Building from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord (although notice shall not be required and without reducing or otherwise affecting Tenant’s obligations under this Lease; provided such party makes all commercially reasonable efforts to avoid any interference or disruption of Tenant’s business.
18.5. This Article relates to repairs and maintenance arising in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost ordinary course of operation of the repairsBuilding and the Project. In the event of a casualty described in Article 24, together with an administrative charge Article 24 shall apply in an amount equal lieu of this Article. In the event of eminent domain, Article 25 shall apply in lieu of this Article.
18.6. Costs incurred by Landlord pursuant to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant this Article shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsconstitute Operating Expenses.
Appears in 1 contract
Sources: Lease (Intellia Therapeutics, Inc.)
Repairs and Maintenance. Tenant’s repair and maintenance obligations include(i) Unless otherwise expressly provided, without limitationLandlord shall not be required to make any improvements, replacements or repairs of any kind or character to and maintenance the Leased Premises during the term of (a) this Lease. Tenant shall maintain the roof, foundation foundation, parking area, and structural elements soundness of the Building; (b) mechanical exterior walls (including HVAC)all overhead doors, electricalif any, plumbing and fire/life safety systems serving the Building and Premises in general; (centrance doors, if any) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; building in good repair and condition except for reasonable wear and tear. Tenant shall repair and pay for any damage caused by Tenant’s negligence or default. Tenant shall maintain, repair, and replace, if necessary all equipment and/or monitoring as related to fire sprinklers/fire alarm monitoring, air conditioning and heating equipment, and shall be responsible for maintaining current code requirements regarding same. Landlord is not responsible for any maintenance nor repair during the term of this Lease.
(dii) The Tenant shall pay for all sewage disposal services, water, gas, heat, electric current and other utilities furnished it or consumed by it, in or upon the Easement Areas; (e) Leased Premises at rates set by local public utility as approved by Public Authority having jurisdiction, and will keep the interior and exterior walls and doors of the Building; Leased Premises and appurtenances, in good order and repair, and in a clean, safe, and healthy condition (fexcepting, however, all repairs made necessary by reason of fire or other unavoidable casualty) at its own cost and expense.
(iii) All glass, both exterior and interior of said Premises is at the sole risk of Tenant, and exterior windows; any glass broken during the term of this Lease is to be promptly replaced with glass of the same kind and quality at the expense of Tenant.
(giv) any elevators serving Tenant shall also be responsible for all interior maintenance including interior walls, cleaning, and pest control. Tenant shall also be responsible for routine maintenance, and replacement if necessary, of the Building; (h) floor covering, interior partitions, kitchens, bathrooms heating ventilation and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units(HVAC) system and shall maintain it at all times at Tenant’s expense. Landlord shall have the right, from time to time, to request a copy of said HVAC routine maintenance agreement. Tenant also shall be responsible for replacement of all interior lights which burn out including ballasts, if necessary, repair of plumbing fixtures and cleaning stopped-up drains.
(v) Tenant shall, at its own cost and expense, repair or replace any damage or injury to all or any part of the Leased Premises caused by Tenant or Tenant’s agents, employees, invitees, licensees or visitors; and (k) Alterationsprovided, includinghowever, without limitation, any Initial Alterations. If if Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency)or replacements promptly, Landlord may may, at its option, make the repairs, repairs or replacements and Tenant shall pay reimburse the reasonable cost thereof to Landlord on demand.
(vi) Tenant shall not allow any damage to be committed on any portion of the repairsLeased Premises, together with an administrative charge in an amount equal to fifteen percent (15%) and at the termination of the cost this Lease, by lapse of the repairstime or otherwise. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse deliver the Leased Premises to Landlord for in as good condition as at the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts first possession of Tenant, Tenant Related Parties (as hereinafter defined) ordinary wear and their respective contractors tear excepted. The cost and vendors, together with an administrative charge in an amount equal expense of any repairs necessary to fifteen percent (15%) restore the condition of the cost Leased Premises shall be borne by Tenant, and if Landlord undertakes to restore the Leased Premises, it shall have a right of the repairsreimbursement against Tenant.
Appears in 1 contract
Repairs and Maintenance. 18.1. Landlord shall repair and maintain in a first class condition the structural and exterior portions and Common Area of the Building and the Project, including roofing and covering materials; foundations (excluding any architectural slabs, but including any structural slabs); exterior walls; plumbing; fire sprinkler systems (if any); base Building HVAC systems up to the first damper or isolation valve that serves the Premises (for purposes of clarity, the portion of the HVAC system that includes such first damper or isolation valve and extends into and through the Premises, and any supplemental HVAC serving the Premises shall not be part of the base Building HVAC and shall be Tenant’s obligation to maintain and repair pursuant to Section 18.2 below); elevators; and base Building electrical systems installed or furnished by Landlord.
18.2. Except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the interior Premises (including but not limited to the portion of the HVAC system that includes the first damper or isolation valve and extends into and through the Premises, any supplemental HVAC serving the Premises, and any other systems or equipment exclusively serving the Premises) and every part thereof in good condition and repair, within ten (10) days after receipt of written notice from Landlord, provide to Landlord any maintenance records that Landlord reasonably requests. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good a condition as when received, ordinary wear and tear and damage by casualty excepted; and shall, at Landlord’s request and Tenant’s sole cost and expense, remove all telephone and data systems, wiring and equipment installed by or at the request of Tenant at the Premises, and repair any damage to the Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, other than as described in Exhibit B.
18.3. Throughout the Term of the Lease, Tenant shall, at Tenant’s sole cost and expense, maintain copies of all service contracts, service, repair and maintenance obligations includerecords, without limitation, repairs to and maintenance of (a) the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related inspection reports on all equipment installed by or maintained by Tenant (collectively, “CableMaintenance Records”); . Tenant shall provide to Landlord copies of all Maintenance Records on a quarterly basis. Upon surrender of the Premises upon the expiration or earlier termination of this Lease, Tenant shall provide Landlord with all original equipment manufacturer (jOEM) supplemental air conditioning units; manuals for any equipment installed and (k) Alterationsnot removed by Tenant. Landlord shall also have the right to perform an audit of the equipment serving the Premises in the form of a facilities condition assessment or similar report at Tenant’s cost, includingprovided such audit will be performed no more than once per calendar year unless Landlord has a reasonable belief that corrective action is necessary. To the extent such audit recommends reasonable corrective action, without limitation, Tenant shall promptly perform such corrective action as part of its repair and maintenance obligations.
18.4. Landlord shall not be liable for any Initial Alterations. If Tenant fails failure to make any repairs or to perform any maintenance that is Landlord’s obligation pursuant to this Lease unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. In the event that Landlord timely fails to make a repair or perform maintenance that is Landlord’s obligation pursuant to this Lease, Tenant may notify Landlord of such failure and, if Landlord does not make the repair or perform the maintenance within thirty (30) days after Landlord’s receipt of such notice (or, if such repair or maintenance cannot reasonably be completed with such period, within the period of time reasonably required (so long as Landlord begins the repair or maintenance within such period and diligently prosecutes the same to completion)), Tenant may perform the repair or maintenance and Landlord shall reimburse Tenant for its reasonable out-of-pocket costs for performing the same within thirty (30) days after receipt of an invoice from Tenant therefor. Notwithstanding anything in this Section to the contrary, before performing any such repairs or maintenance, Tenant shall notify Landlord of Tenant’s intent to do so and shall reasonably coordinate with Landlord and any other tenants of the Project that may be affected the need for such repairs or maintenance.
18.5. If any excavation shall be made upon land adjacent to or under the Building, or shall be authorized to be made, Tenant shall afford to the person causing or authorized to cause such excavation, license to enter the Premises for more than fifteen (15) days after notice from Landlord (although notice the purpose of performing such work as such person shall not be required in an emergency), Landlord may make the repairs, deem necessary or desirable to preserve and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to protect the Building caused from injury or damage and to support the same by proper foundations, without any claim for damages or liability against Landlord and without reducing or otherwise affecting Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs.obligations under this
Appears in 1 contract
Sources: Lease (Relay Therapeutics, Inc.)
Repairs and Maintenance. Tenant’s 18.1 Landlord shall repair and maintenance obligations includemaintain in good condition the Common Areas, without limitationthe Exclusive Parking Garage and the structural, repairs to exterior and maintenance base building portions (interior and exterior) of the Buildings, including grounds, roofing and covering materials, foundations, exterior walls, plumbing (excluding eye wash, safety showers, specialty gas, and laboratory services, including RODI), fire sprinkler systems (if any), heating, ventilating, air conditioning, base building management systems, elevators, and electrical systems. Provided (a) the roofTenant then leases and occupies all of Building 8 and Building 9, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing the applicable recurring maintenance work is completely within Building 8 and/or Building 9 and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 applicable recurring maintenance work does not affect any other tenant of the Premises; Entire Project (deven in a de minimis amount), then Tenant shall have the right to review and modify the scope of such contracted recurring maintenance work (whether such contract was entered into prior to, on or after the Execution Date), including to add additional scope (the “Tenant Reviewed Recurring Maintenance”). The review right (but not the modification right) in the Easement Areas; (e) interior and exterior walls and doors immediately preceding sentence includes the right to review provisions of the Buildingapplicable contract that are reasonably necessary to analyze the applicable scope of work set forth therein. If Tenant requests any modifications to the scope of the Tenant Reviewed Recurring Maintenance, Landlord shall use reasonable efforts to accommodate the same; provided, however, that any and all additional costs incurred by Landlord as a result of such modifications shall be included as part of Operating Expenses, subject to the CAM Pools. Notwithstanding anything to the contrary in this Lease, Landlord shall have no responsibility to maintain or repair any vivarium(s) or data center(s) (for any equipment or systems that solely service such areas). Tenant shall have sole responsibility to maintain and repair the vivarium(s) interior and exterior windows; data center(s) (g) and any elevators serving equipment and systems that solely service such areas). Landlord shall maintain the Building; (h) floor coveringCommon Areas in accordance with its property maintenance protocols as established from time to time in accordance with Landlord’s reasonable determinations of appropriate property maintenance protocols. Upon Tenant’s request, interior partitionsLandlord shall explain such protocols and consider Tenant’s comments. Any actual out-of-pocket costs related to the repair or maintenance activities specified in this Section 18.1 shall be included as a part of Operating Expenses subject to the CAM Pools, kitchens, bathrooms except Tenant shall pay for such repairs and restrooms (including, without limitation, hot water heaters maintenance to the extent that such repairs and similar facilities, systems and/or equipment); maintenance are: (i) electronicrequired in whole or in part because of any act, fiberneglect, phone fault or omissions of Tenant (where there is a duty to act), its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning unitsmaintenance; and (kii) Alterationsnot paid out of insurance proceeds. Landlord shall perform all work and have its contractors perform all work in accordance with Applicable Laws.
18.2 Except for services of Landlord, includingif any, without limitationrequired by Section 18.1 and elsewhere in this Lease, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear, insured casualty and permitted alterations excepted. Tenant shall, upon the expiration or sooner termination of the Term, surrender the Premises to Landlord in as good of a condition as when received, ordinary wear and tear and insured casualty excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any Initial Alterationspart thereof, other than pursuant to the terms and provisions of the Landlord Work Letter and this Lease.
18.3 Landlord shall not be liable for any failure to make any repairs or to perform any maintenance that is an obligation of Landlord unless such failure shall persist for an unreasonable time after Tenant provides Landlord with written notice of the need of such repairs or maintenance. If Subject to the terms of this Lease, Tenant waives its rights under Applicable Laws now or hereafter in effect to make repairs at Landlord’s expense. Notwithstanding the foregoing, if Landlord fails to make any repairs to necessary repair in any Building of which Tenant is the Premises for more sole tenant (other than completion of any Punchlist Item or repair of any Defect in the Landlord Work, which is governed by Section 4.6), that is Landlord’s obligation under this Lease within fifteen (15) days after Tenant has reported to Landlord the need for such repair and does not remedy such failure within five (5) business days after further written notice from Landlord Tenant, referring to this Section and Tenant’s right to perform such repair under this Section (although notice shall not be required in an emergencythe “Repair Self-Help Work”), Landlord then Tenant may make perform the repairsRepair Self-Help Work, and Tenant the parties shall pay then have the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent same rights and obligations (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage subject to the Building caused by same restrictions, except Tenant’s failure obligation to maintain give prior notices or allow the insurance coverage required by this Lease and/or caused the acts passage of Tenant, Tenant Related Parties (any cure periods) as hereinafter defined) and their respective contractors and vendors, together with an administrative charge set forth in an amount equal to fifteen percent (15%) of the cost of the repairs.Section 4.6(b)
Appears in 1 contract
Repairs and Maintenance. Tenant18.1. Landlord shall (a) repair and maintain in good condition the foundations and structural portions of the Building 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 Subsection 18.1(b), Landlord’s repair and maintenance obligations includereplacement obligation shall be expressly limited to the extent the costs for such repair and/or replacement in Subsection 18.1(b) constitute a capital expenditure. In connection with the foregoing, without limitation, repairs to and maintenance of (a) it is expressly understood that except for the roof, foundation foundations and structural elements portions of the Building; (bBuilding which are Landlord’s responsibility pursuant to Subsection 18.1(a) mechanical (including HVACand any capital repairs and/or replacements which are Landlord’s responsibility pursuant to Section 18.1(b), electrical, plumbing Tenant shall otherwise be responsible (at Tenant’s sole cost and fire/life safety systems serving the Building expense) for all maintenance and Premises in general; upkeep (croutine and non-routine) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior Premises and exterior walls every part thereof and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems all repairs and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairsreplacements, and Tenant shall pay make all such repairs and replacements that are required. All costs and expenses incurred by Landlord associated with the reasonable cost repair, maintenance and/or replacement of the repairsforegoing shall be included as Operating Expenses (including any capital expenditure, together subject to the limitations set forth in Article 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 or replacement as set forth in this Section (a “Required Action”), (n) Landlord is, in fact, required to perform such maintenance, repairs and/or replacement under the 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 maintenance cannot reasonably be completed with such period, within SMRH:418641422.8 26 the period of time reasonably required (so long as Landlord begins the Required Action within such period and diligently prosecutes the same to completion) (the “Required Action Period”)), then Tenant may deliver an administrative charge in additional notice to Landlord and any lender of Landlord for which Tenant has been given an amount equal address for notices specifying that the Required Action Period has expired, the specific action required and that Tenant intends to fifteen percent take such Required Action. If (15%y) Landlord’s failure to perform any such Required Action directly, materially and adversely affects Tenant’s use of the cost Premises and (z) such Required Action is not commenced or completed (as applicable) by Landlord within thirty (30) days after such second notice, then Tenant shall be entitled to perform such Required Action and to reimbursement by Landlord of Tenant’s actual reasonable and necessary, out-of-pocket costs and expenses in taking such Required Action (but only with respect to such action as specified in the 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 repairscosts and expenses incurred in connection with such action taken by Tenant accompanied by proof of payment of such costs reasonably satisfactory to Landlord and unconditional lien releases for all such costs from each contractor, subcontractor and material supplier that are entitled to place 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. To In the extent Landlord is not reimbursed by insurance proceedsevent Tenant takes such action, and such work affects the Building systems or the structural integrity of the 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 timely perform, such work, in which event Tenant may utilize the 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 Tenant in connection with Tenant’s exercise of its self-help remedy pursuant to this Section and (ii) obligated to be reimbursed by Landlord pursuant to this Section, (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 entitled to deduct such amounts from the Rent payable by Tenant to Landlord under the Lease.
18.2. Without limiting Landlord’s obligations under Article 4, Section 5.2 and the Work Letter, and except for services of Landlord, if any, required by Section 18.1, Tenant shall at Tenant’s sole cost and expense maintain and keep the Premises, all improvements thereon, and all appurtenances thereto, including sidewalks, parking areas, curbs, roads, driveways, lighting standards, landscaping, sewers, water, gas and electrical distribution systems and facilities, drainage facilities, fire and life-safety systems, and all signs, both illuminated and non-illuminated that are now or hereafter on the Premises, in good condition and in a manner consistent with the Permitted Use subject to reasonable wear and tear excepted, and shall keep the same free and clear from all rubbish, debris, insects, rodents and other vermin and pests. Tenant shall, no later than March 31st of each calendar year during the Term, provide to Landlord a copy of the budget for maintenance, repairs and replacements at the Premises which are the responsibility of Tenant under this Section 18.2 for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenantcurrent calendar year, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) well as a general summary of the cost of amounts actually expended by Tenant during the repairs.immediately preceding calendar year for such maintenance, repairs and SMRH:418641422.8 27
Appears in 1 contract
Sources: Lease (Affymetrix Inc)
Repairs and Maintenance. Tenant’s Landlord shall, at its sole cost and expense, be responsible for the maintenance of the complete roofing system (including repair of leaks), building structure, including but not limited to extension walls, load bearing columns, foundation and floor slab. In addition, Landlord shall be directly responsible for maintenance obligations include, of the exterior grounds including without limitation, repairs landscaping and snow removal. Notwithstanding such obligation, Tenant shall be solely responsible for repairing any damage to the Premises which is caused by any negligent act or intentional act or omission of Tenant, Tenant’s agents, employees, or invitees. Except for those obligations specifically set forth as Landlord obligations in this Section, Tenant shall be responsible for and shall take good care of the Premises and the fixtures in the Premises and shall keep the Premises in good order, condition, and repair at the Tenant's expense during the Term, including the replacement of all interior broken glass broken by the Tenant with glass of the same size and quality. Tenant’s obligation shall include the routine maintenance of (a) the roof, foundation HVAC and structural elements of the Building; (b) other mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building Premises, the interior surface of exterior walls, windows, doors, or plate glass. Tenant’s HVAC maintenance shall be limited to routine maintenance, filter replacement, and Premises in general; annual service inspections only. Any capital replacement (cincluding replacement of an HVAC system) shall be the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial AlterationsLandlord’s responsibility. If the Tenant fails to does not make any necessary repairs to within a reasonable time and adequately, the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency)may, Landlord may but need not, make such repairs and the repairs, and Tenant shall promptly pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (thereof as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairs.additional rent. On the
Appears in 1 contract
Sources: Office Lease Agreement
Repairs and Maintenance. Tenant’s repair Tenant shall keep and maintenance obligations include, without limitation, repairs to and maintenance of (a) maintain the roof, foundation and structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 interior of the Premises; , including all plumbing, wiring, piping, fixtures, doors, and mechanical equipment (dHVAC, etc.) in good and substantial repair during the Easement Areas; (e) interior term of this Lease, or any extension thereof, and exterior walls shall replace all glass in windows and doors damaged or broken during the term of the BuildingLease; (f) such agreements of Tenant, however, shall not apply to any damage caused by fire or other casualties which are covered by standard fire and extended coverage insurance. Tenant agrees to make such repairs promptly as they shall be needed and at its own-expense. Landlord shall have no obligations to make repairs to premises, other than roof and structural repairs. Tenant shall perform ordinary repairs and maintenance on the interior of the Premises, including all plumbing, wiring, piping, fixtures, doors, and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related mechanical equipment (collectivelyHVAC, “Cable”)etc.) in good and substantial repair during the term of this Lease, or any extension thereof, and shall replace all glass in windows and doors damaged or broken during the term of the Lease; (j) supplemental such agreements of Tenant, however, shall not apply to any damage caused by fire or other casualties which are covered by standard fire and extended coverage insurance. Tenant agrees to make such repairs promptly as they shall be needed and at its own expense. Landlord shall have no obligations to make repairs to premises, other than roof and structural repairs. Tenant shall at their own cost and expense, agree to enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor approved by Landlord, for servicing all heating and air conditioning units; systems and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to equipment servicing the Premises for more than fifteen and an executed copy of such contract shall be delivered to Landlord. This service contract must include all services suggested by the equipment manufacturer within the operations/maintenance manual and must become effective within thirty (1530) days after notice from of the date you take possession of the Premises. Landlord may (although notice but shall not be required in an emergencyto), Landlord may make upon notice to Tenant, elect to enter into such a maintenance service contract on your behalf or perform the repairswork itself and, and Tenant shall pay the reasonable cost of the repairsin either case, charge you therefore, together with an administrative a reasonable charge for overhead, provided in an amount equal to fifteen percent (15%) of no event shall charges shall not be greater than customary charges for similar services in the cost of the repairs. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge in an amount equal to fifteen percent (15%) of the cost of the repairsarea.
Appears in 1 contract
Sources: Commercial Lease
Repairs and Maintenance. 8.1. By taking possession of the Premises, Tenant shall be deemed to have conclusively agreed to accept the Premises "AS IS" and as being in the condition in which Landlord is required to deliver the same and otherwise in good order, condition and repair (except for latent defects). Subject to the provisions of Article 22 below, Tenant shall, at all times during the term hereof and at Tenant’s repair 's sole cost and maintenance obligations includeexpense, without limitationkeep the Premises and every part thereof in good condition and repair. Tenant hereby waives any and all rights under and benefits from subsection 1 of Section 1932, repairs and Sections 1941 and 1942, of the Civil Code of California and any similar law, statute or ordinance now or hereafter in effect. It is understood and agreed that Landlord has no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, or maintain any non-standard items installed in the Premises by or at the request of Tenant, except as specified in Article 22 below or in Exhibit "B", and maintenance that no representations relating to the condition of the Premises, the Building or the Project have been made by Landlord (aor any employee or agent thereof) to Tenant, except as may be specifically set forth in this Lease.
8.2. Subject to the roofprovisions of Section 8.1 above and Article 22 below, Landlord shall maintain the common areas, the foundation and structural elements portions of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building and Premises in general; (c) the lawn, walkways and parking areas Commercial Lease Agreement Video Display Corporation ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Road, Tucker, Georgia 6 of the Premises; (d) the Easement Areas; (e) interior and exterior walls and doors of the Building; (f) interior and exterior windows; (g) any elevators serving the Building; (h) floor covering, interior partitions, kitchens, bathrooms and restrooms (including, without limitation, hot water heaters and similar facilities, systems and/or equipment); (i) electronic, fiber, phone and data cabling, wiring and related equipment (collectively, “Cable”); (j) supplemental air conditioning units; and (k) Alterations, including, without limitation, any Initial Alterations. If Tenant fails to make any repairs to the Premises for more than fifteen (15) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and the mechanical and electrical systems providing the services and utilities to be furnished by Landlord pursuant to Section 13.1 below, in good order and condition, provided however if such maintenance and repairs are caused in whole or in part by the act, neglect, fault, or omission of any duty by Tenant, its agents, servants, employees, or invitees, Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the delay in and the making of any repairs, together with an administrative charge alterations or improvements in an amount equal or to fifteen percent (15%) any portion of the cost of Building or the repairsPremises, or in or to fixtures, appurtenances and equipment therein. To Tenant waives the extent Landlord is not reimbursed by insurance proceedsright to make repairs at Landlord's expense under any law, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by Tenant’s failure to maintain the insurance coverage required by this Lease and/or caused the acts of Tenant, Tenant Related Parties (as hereinafter defined) and their respective contractors and vendors, together with an administrative charge statute or ordinance now or hereafter in an amount equal to fifteen percent (15%) of the cost of the repairseffect.
Appears in 1 contract