Common use of Repairs and Maintenance Clause in Contracts

Repairs and Maintenance. Landlord will provide major maintenance for the Premises and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and supplies.

Appears in 2 contracts

Sources: Lease Agreement (Trupanion Inc.), Lease Agreement (Trupanion Inc.)

Repairs and Maintenance. Section 10.1 Landlord will provide major maintenance for shall, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the Building necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees. Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the parking area)repair and replacement of the sprinkler heads and pipes. Under this Lease “major maintenance” means work which Landlord normally does If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense. Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (normal wear “HVAC Units”), and tearelectric conduits, damage due lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to casualty or condemnation Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any condition in rooftop or exterior air conditioning equipment or HVAC Units serving only the Parking Lot not caused by Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant or shall also make, at Tenant’s officersexpense, directorssuch repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5). Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for the HVAC Units serving the Premises. Tenant shall, from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and servicing of the HVAC Units and bill Tenant for the charges due under such contract. Any such charges shall be paid by Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors. Section 10.6 Landlord shall have no liability to Tenant, licensees the Rent shall not be abated, and Tenant shall not be deemed actually or invitees excepted) constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the items listed below: Premises and/or the Real Property. Landlord Responsibilities: • Structural integrity shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Premises, Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Work and Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance includingProperty, but Landlord is not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesrequired to employ overtime labor or incur additional expenses.

Appears in 2 contracts

Sources: Retail Lease, Retail Lease

Repairs and Maintenance. Landlord 5.3.1 You must decorate the internal parts of the property and repair/replace appliances, fixtures and fittings that were not provided by the landlord. If you are elderly and/or disabled you may qualify for assistance under the landlords decorating assistance scheme. 5.3.2 You must report all repairs and defects in the property to the landlord immediately, except for those that you are responsible for as listed below: (a) Unblock local blockages of sinks, basins, toilets and baths. (b) Repair/replace door furniture such as handles, letterboxes, cupboard catches and hinges. (c) Repair/replace WC seats, bath panels, plugs and chains on baths, basins and sinks. (d) Replace glass in windows, unless it is caused by vandalism or a break in and a Police Crime Number is supplied. (e) Ease door, locks and window hinges. (f) Repair minor plaster cracks and internal decorations and maintain wall and floor tiles. (g) Replace (unless you live in sheltered housing) keys and locks when keys are lost or members of the household are locked out. (h) Repair electrical faults arising from the use of faulty appliances. (i) Repair/replace electrical plugs (not socket outlets) and fuses. (j) Repair/replace internal doors and locks. (k) Fit waste and supply pipe work for washing machines and dishwashers and vents for tumble driers. (l) Keep gully grids clear of leaves and rubbish. Housing will provide major maintenance undertake some of these repairs for elderly and disabled tenants who are unable to carry them out and have no one else at the Premises property who can undertake the repairs. 5.3.3 You are responsible for any repairs that have resulted from any act by you, your household, your visitors or any 3rd party you have employed. This will include damage caused by a forced entry by the Police in accessing the property. 5.3.4 Any works undertaken by you must comply with all current building regulations and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good employment of suitably qualified contractors for all gas and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided services. 5.3.5 You must pay for any damage to the lines are not caused by Tenant’s negligence property or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment other property caused by a willful or negligent act failure of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of your own appliances. 5.3.6 Where the repairs to be made, except landlord has installed a smoke alarm in an emergency in which there is a threat of damage to the property or personal injury. Tenant shall be you are responsible for minor maintenance including, but not limited to: • All janitorial testing it on a regular basis and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesfor replacing batteries.

Appears in 2 contracts

Sources: Secure Tenancy Agreement, Secure Tenancy Agreement

Repairs and Maintenance. Landlord will provide major maintenance for 15.01 Tenant shall take good care of the Demised Premises. Tenant, at its expense, shall promptly make all repairs, ordinary or extraordinary, interior or exterior, structural or otherwise, in and about the Demised Premises and the Building Building, as shall be required by reason of (including i) the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear and tear, damage due to casualty performance or condemnation and any condition in the Parking Lot not caused by Tenant existence of Tenant’s Work or Tenant’s officersChanges, directors(ii) the installation, employees, agents, contractors, licensees use or invitees excepted) any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts operation of Tenant’s staffProperty in the Demised Premises, clients(iii) the moving of Tenant’s Property in or out of the Building, agentsor (iv) the misuse or neglect of Tenant or any of its employees, agents or contractors; but Tenant shall not be responsible for any of such repairs as are required by reason of Landlord’s neglect or other fault in the manner of performing any of Tenant’s Work or Tenant’s Changes which may be undertaken by Landlord for Tenant’s account or are otherwise required by reason of neglect or other fault of Landlord or its employees, agents or contractors. Except if required by the neglect or other fault of Landlord or its employees, agents or contractors, invitees Tenant, at its expense, shall replace all scratched, damaged or permitted subtenants. For example repairs that are broken doors or other glass in or about the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Demised Premises and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the Parking Lot (Demised Premises and, for the repair and maintenance of all lighting fixtures therein. 15.02 Landlord, at its expense, shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities serving the Demised Premises, in good working order, condition and repair and shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Demised Premises, except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance those repairs for which Tenant will be charged without first providing prior written notice is responsible pursuant to any other provisions of this lease. 15.03 Except as expressly otherwise provided in this lease, Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord’s making any repairs or changes which Landlord is required or permitted by this lease, or required by law, to make in or to any portion of the repairs Building or the Demised Premises, or in or to be madethe fixtures, equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall use due diligence with respect thereto and shall perform such work, except in an emergency case of emergency, at times reasonably convenient to Tenant and otherwise in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but such manner as will not limited to: • All janitorial and general cleaning materially interfere with Tenant’s use of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesDemised Premises.

Appears in 2 contracts

Sources: Lease Agreement (Angion Biomedica Corp.), Lease (Angion Biomedica Corp.)

Repairs and Maintenance. Landlord will provide major Landlord's sole obligations shall be repair, replacement and maintenance of the foundation, structural elements, exterior walls, and exterior windows of the Property. At Tenant's expense, Tenant shall perform all other maintenance and repairs necessary to maintain the improvements in a first class operating condition and repair, both interior or exterior, ordinary or extraordinary, including the roof, window glass, plate glass, store fronts, sidewalks, curbs, parking lots, parking spaces, doors, windows (except exterior windows), screens, awnings, locks, keys, weather stripping and thresholds as well as all interior walls, floors, walls, ceilings and floor coverings. Tenant's responsibility shall also include landscaping; irrigation; the replacement, servicing, repair and maintenance of equipment and fixtures at the Property, including the heating, ventilation, and air conditioning systems and changing filters for such systems. Tenant shall also repair and be responsible for the Premises and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant stoppage, breakage, leakage, overflow, discharge or freezing of plumbing pipes, soil lines or fixtures. If any part of the improvements is damaged by Tenant, or Tenant’s officers, directors, 's employees, agents, contractors, licensees or invitees excepted) or any breaking and entering of the items listed below: said improvements, Tenant shall provide Landlord Responsibilities: • Structural integrity and with immediate written notification of all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are Property. After notification and approval by Landlord, repairs shall be made promptly at Tenant's expense so as to restore said improvement to its previous condition. If Tenant refuses or neglects to commence the necessary repairs within thirty (30) days after the written demand by Landlord (other than in the case of emergency), Landlord may (but shall not caused be required to) make such repairs without liability to Tenant for any loss or damage that may accrue to Tenant's stock, business, equipment, or fixtures by reason thereof, and if Landlord makes such repairs, Tenant shall pay to Landlord, on demand, as Additional Rent, the cost thereof. Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant 's failure to pay include but are not limited to: • Lock changes • Access due shall constitute a default under this Lease. Tenant's failure to lock-outs • Replacement give, or unreasonable delay in giving, notice of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside needed repairs or outside the Premises and the Parking Lot (except defects shall make Tenant liable for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape loss or damage caused by Tenant resulting from delay or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesneeded repairs.

Appears in 2 contracts

Sources: Triple Net Lease Agreement (Viemed Healthcare, Inc.), Triple Net Lease Agreement (Viemed Healthcare, Inc.)

Repairs and Maintenance. Landlord will provide major maintenance for (a) Except as specifically otherwise provided in subparagraphs (b) through (e) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary to keep and maintain such good order and condition. Tenant shall have the Building option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or it shall have the ability to advise Landlord of Tenant’s desire to have Landlord make such repairs. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord’s standard rate (including such rate to be competitive with the parking areamarket rate for such services). Under When used in this Lease Article 11, the term major maintenancerepairsmeans work which Landlord normally does to maintain its facilities in a good shall include replacements and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused renewals when necessary. All repairs made by Tenant or TenantLandlord shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises. (b) Landlord, throughout the Term of this Lease and at Landlord’s officerssole cost and expenses, directors, employees, agents, contractors, licensees or invitees excepted) any shall make all necessary repairs to the footings and foundations and the structural steel columns and girders forming a part of the items listed below: Premises. (c) Landlord Responsibilities: • Structural integrity and shall maintain all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVACHVAC systems, plumbing and fixtureselectric systems serving the Building and the Premises. Tenant’s Share of Landlord’s cost for HVAC, fire alarmselectric and plumbing service, maintenance and major electrical and fixtures • Heavy grounds labor such repairs, as shrub removallimited under Article 4 with respect to capital expenditures, sidewalk and parking lot repairshall be included as a portion of Recognized Expenses as provided in Article 4 hereof. (d) Landlord, retaining walls and fencing • Sanitary sewer linesthroughout the Term of this Lease, provided any damage shall make all necessary repairs to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying common areas, including the roof, walls, exterior portions of trash baskets • Refilling paper towelsthe Premises and the Building, toilet paperutility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any driveways, sidewalks, curbs, loading, parking and landscaped areas, and other paper product dispensers • Supplying exterior improvements for the Building; provided, however, that Landlord shall have no responsibility to make any repairs unless and installing replacement light bulbs • Supplying cleaning products until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair. Tenant shall pay its Share of the cost of all repairs, as limited under Article 4 with respect to capital repairs, to be performed by Landlord pursuant to this Article 11(d) as Additional Rent as provided in Article 4 hereof. (e) Landlord shall keep and suppliesmaintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Project in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Landlord shall maintain the entryway leading to the Premises in a well-lit and good condition and in a manner consistent with the common areas of other class A office buildings in the area. (f) Tenant shall pay its Share of the cost of all work to be performed by Landlord pursuant to this Paragraph (e) as Additional Rent as provided in Article 4 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (g) Notwithstanding anything herein to the contrary, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (h) Landlord shall provide Tenant with janitorial services for the Premises Monday through Friday of each week in accordance with the guidelines set forth in Exhibit “D” attached hereto and the Tenant shall pay its Share of the cost thereof as Additional Rent as provided in Article 4 hereof.

Appears in 2 contracts

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

Repairs and Maintenance. Landlord will provide major maintenance for (a) Tenant shall, at Tenant’s sole cost and expense, maintain the interior, non-structural portions of the Premises in good, clean and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good safe condition and has not damaged (normal wear repair. Without limiting the generality of the foregoing, Tenant shall be solely responsible for maintaining and tearrepairing all fixtures, damage due to casualty electrical lighting, ceilings and floor coverings, windows, doors, plate glass, skylights, and interior walls within the Premises. In addition, Tenant shall be responsible for all repairs made necessary by the negligence or condemnation and any condition in the Parking Lot not caused by Tenant or willful misconduct of Tenant’s officers, directors, its employees, agents, contractorscontractors or invitees. Landlord shall have no obligation to alter, licensees remodel, improve, repair, decorate or invitees excepted) paint the Premises except as specifically set forth in this Lease. Notwithstanding anything to the contrary in this Lease, under no circumstances shall Tenant make any repairs to the structural portions of the items listed below: Building, unless such repairs are previously approved in writing by Landlord, in Landlord’s sole discretion. (b) Landlord Responsibilities: • Structural integrity shall be responsible for repairing and all maintaining the portions of the Premises exterior to the Building, the structural components, portions of the Building and the Premises (including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, the exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer linesthe foundations of the Building), provided any damage elevators, the roof and sidewalks (including the sidewalks adjacent to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to Premises) in good, clean and safe condition and repair. Landlord shall also maintain and repair all landscaping, driveways, parking lots, the point of connection at underground garage, fences, signs, sidewalks and the interior Common Areas of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staffBuilding, clientsif any, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only in such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenantcondition. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance maintaining and repairing, in good, clean and safe condition and repair, all Building operating systems including, without limitation, the plumbing, heating, electrical, fire life safety, sewer and air conditioning and ventilation systems. The foregoing obligations of Landlord contained in this Section 13(b) are collectively referred to as “Landlord’s Repairs” and shall be included as Operating Expenses except as otherwise provided in Section 7(c). Except as otherwise provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant’s obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord making any repairs which Landlord is required or permitted by this Lease or by any other tenants’ lease or required by law to make in or to any portion of the Premises; provided, however, that Landlord shall use reasonable efforts to minimize any interference with Tenant’s business at the Premises. If Landlord or Tenant fails to maintain the Premises in good order, condition and repair, Landlord and Tenant, as the case may be, shall give the responsible party thirty (30) days written notice to do such acts as are reasonably required to so maintain the Premises. If the responsible party fails to promptly commence such work within such time period and diligently prosecute it to completion, then the other party shall have the right to do such acts and expend such funds at the expense of the responsible party as are reasonably required to perform such work. Any amount so expended by the other party shall be paid by the responsible party promptly after demand with interest at the “Reference Rate” (formerly, “Prime Rate”) then being charged by the San Francisco main office of Bank of America NT & SA plus two percent (2%) per annum, from the date of such work, but not limited to: • All janitorial and general cleaning of to exceed the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesmaximum amount then allowed by law.

Appears in 2 contracts

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

Repairs and Maintenance. Landlord will provide major maintenance for a. Tenant shall, throughout the Term, and at Tenant’s sole cost and expense subject to Section 11(b) of this Lease, keep and maintain the Premises and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good neat and habitable orderly condition including and in compliance with the followingSustainability Standards; and, provided upon expiration of the Term or earlier termination of this Lease, Tenant keeps shall leave the Premises and the Parking Lot in good condition and has not damaged (normal broom clean condition, ordinary wear and tear, damage due by fire or other casualty alone excepted, and for that purpose and except as stated in this sentence, Tenant will make all necessary non-structural repairs and replacements to casualty or condemnation the Premises to deliver it in such condition. Tenant shall not permit any waste, to the Premises. Tenant shall not use any portion of the Common Facilities for other than their intended use as reasonably specified by Landlord from time to time. b. Landlord shall, throughout the Term, make all necessary repairs to the roof, foundation, structural elements and Building operating systems, mechanical, electrical and HV AC systems and exterior windows and doors of the Premises and other improvements located on the Property and the parking, sidewalks and walkways and the Common Facilities; provided, however, that Landlord shall have no responsibility to make any repairs in the Premises unless and until Landlord receives written notice of the need for such repair. All interior Premises repairs that are necessary to the Premises and are not Landlord’s responsibility shall be performed at Tenant’s sole cost and expense. Landlord shall keep and maintain all Common Facilities of the Property and any condition sidewalks, parking areas, curbs and access ways adjoining the Property in a good order and repair, in a clean and orderly condition, free of accumulation of dirt and rubbish and ice and snow and shall keep and maintain all landscaped areas within the Property in a neat and orderly condition. All repairs and maintenance shall be done in a first class manner in keeping with comparable first class buildings in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any locale of the items listed below: Building. All reasonable costs and expenses incurred by Landlord Responsibilities: • Structural integrity in connection with Landlord’s obligations under this Section 11 (b) shall be included in Operating Expenses unless such expense is expressly excluded from the definition of Operating Expenses. c. Except as provided in Sections 11(a) and all 11(b), nothing contained herein shall obligate Tenant to make any structural componentsrepairs or modifications to the Premises, includingor repairs or modifications to any portions within the Premises of the Building’s HVAC, fire safety (including without limitation, Building foundationssprinklers), footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVACelectrical, plumbing or other utility or mechanical systems, which shall be repaired and fixturesmaintained by Landlord in as good order and condition as existed on the Commencement Date, fire alarms, and major electrical and fixtures • Heavy grounds labor unless such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage repairs or modifications shall (i) be due to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities of Tenant or any agent, employee, or contractor of Tenant or (ii) as a result of any laws applicable to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility specific and particular manner of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning use of the Premises and (as opposed to laws applicable to the Parking Lot • Vacuuming/mopping • Emptying Premises, the Building or business offices generally), in which event Landlord shall make such repair or modification (to the extent Landlord is obligated under the express terms of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesthis Lease) with the Landlord’s actual out-of-pocket costs thereof to be reimbursed by Tenant as Additional Rent within thirty (30) days of receipt of an invoice for such work.

Appears in 2 contracts

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

Repairs and Maintenance. Landlord will provide major maintenance for Except as otherwise provided in this Article, Tenant, at its sole cost and expense, shall maintain each of the Premises Demised Properties and the Building 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 parking areaDemised Properties). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities , and including any roof on any buildings, in a good neat and habitable condition including clean condition, and ensuring that debris from the followingoperation 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, provided 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, (a) no Repairs shall result in any structural damage to any Demised Properties or any injury to any persons, (b) Tenant keeps shall ensure that the Premises quality of materials and workmanship of any Repairs meets or exceeds the Parking Lot in good condition quality of materials and has not damaged workmanship of the Improvements prior to the need for such Repairs; (normal wear and tearc) all Repairs shall fully comply with applicable Law, damage due to casualty the requirements of any covenants, conditions, restrictions or condemnation other permitted encumbrances that are of record regarding the applicable Demised Property, and any condition in the Parking Lot not caused applicable repair standards and requirements promulgated by Tenant for its (or Tenant’s officers, directors, employees, agents, contractors, licensees its subsidiaries’ or invitees exceptedAffiliates’ or franchisees’) any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused properties or by Tenant’s negligence franchisor (if applicable). Landlord shall have no duty whatsoever to maintain, replace, upgrade, or willful misconduct • All subsurface conditions • Utility facilities repair any portion of the Demised Properties, including any structural items, roof or roofing materials, or any aboveground or underground storage tanks, and Tenant hereby expressly waives the right to the point of connection make Repairs at the interior expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to 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 Securities and Exchange Act of 1934, as amended. with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt of written notice of the Building Tenant will be charged for repairs necessitated by damage to need therefor from Landlord or any other Person describing the Premises applicable Repair or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staffother obligation, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant then Landlord or its operations • Interior construction agents may enter the Demised Properties for the Building only purpose of making such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises Repairs or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injuryfulfilling those obligations. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial pay to Landlord all costs and general cleaning expenses incurred by Landlord as a consequence of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliessuch Landlord’s actions.

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. Landlord will provide major maintenance 9.1 Landlord, at its sole cost and expense, shall be responsible for the Premises repair, maintenance and, if necessary, replacement of the structural elements, the roof structure, foundation and the structural integrity of floor slabs of Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following2, provided that Tenant keeps shall pay for the Premises and cost of any such repairs to the Parking Lot in good condition and has not damaged (normal wear and tearextent occasioned by the negligent act, damage due to casualty omission or condemnation and any condition in the Parking Lot not caused by Tenant or willful misconduct of Tenant’s officers, directorsits agents, employees, agents, contractorsinvitees, licensees or invitees excepted) contractors, or by the construction of Tenant Improvements by Tenant, but only to the extent such cost is in excess of any proceeds received by Landlord from the insurance for Building 2 maintained by Landlord pursuant to Section 14.2. 9.2 Subject to reimbursement by Tenant as provided in Article 10 hereof, Landlord shall keep and maintain in good repair (including replacement as necessary), the roof covering and the exterior surfaces of the items listed below: Landlord Responsibilities: • Structural integrity exterior walls and window frames of Building 2 (exclusive of doors, door frames, door checks and other entrances and windows), all Outdoor Areas (defined in Section 10.1) on Parcel 2, all Shared Areas (as defined in the Declaration) for the use of Parcel 2 and all structural componentssystems (including sewer, includinggas, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer water lines, provided any damage to ) serving the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities Premises to the point of connection at the interior to Building 2. Tenant shall give Landlord prompt written notice of the Building Tenant will be charged for repairs necessitated by any damage to the Premises or requiring repair by Landlord. 9.3 Except to the Parking Lot or loss extent of equipment caused by willful or negligent acts of Tenant’s staffLandlord's obligations provided in Sections 9.1 and 9.2 hereof, clientsTenant shall, agentsat its expense, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside keep and maintain the Premises and every part thereof in good order, condition and repair, including, without limiting the Parking Lot (except for any litter caused by invitees generality of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant the foregoing, all equipment or its operations • Interior construction for facilities specifically serving the Building only Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire hose connections if within the Premises, fixtures, interior trimwalls, interior surfaces of exterior walls, ceilings, floors, windows, doors, hardwareplate glass, wall finishesand skylights. Notwithstanding the foregoing, flooring and floor finishes, ceilings and finishes • Any damage Tenant shall not be required to make any such repairs to the Premises or equipment caused extent occasioned by a willful or the negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and supplies.omission or willful

Appears in 2 contracts

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

Repairs and Maintenance. Landlord will provide major maintenance 9.1 Landlord, at its sole cost and expense, shall be responsible for the Premises repair, maintenance and, if necessary, replacement of the structural elements, the roof structure, foundation and the structural integrity of floor slabs of Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following1, provided that Tenant keeps shall pay for the Premises and cost of any such repairs to the Parking Lot in good condition and has not damaged (normal wear and tearextent occasioned by the negligent act, damage due to casualty omission or condemnation and any condition in the Parking Lot not caused by Tenant or willful misconduct of Tenant’s officers, directorsits agents, employees, agents, contractorsinvitees, licensees or invitees excepted) contractors, or by the construction of Tenant Improvements by Tenant, but only to the extent such cost is in excess of any proceeds received by Landlord from the insurance for Building 1 maintained by Landlord pursuant to Section 14.2. 9.2 Subject to reimbursement by Tenant as provided in Article 10 hereof, Landlord shall keep and maintain in good repair (including replacement as necessary), the roof covering and the exterior surfaces of the items listed below: Landlord Responsibilities: • Structural integrity exterior walls and window frames of Building 1 (exclusive of doors, door frames, door checks and other entrances and windows), all Outdoor Areas (defined in Section 10.1) on Parcel 1, all Shared Areas (as defined in the Declaration) for the use of Parcel 1 and all structural componentssystems (including sewer, includinggas, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer water lines, provided any damage to ) serving the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities Premises to the point of connection at the interior to Building 1. Tenant shall give Landlord prompt written notice of the Building Tenant will be charged for repairs necessitated by any damage to the Premises or requiring repair by Landlord. 9.3 Except to the Parking Lot or loss extent of equipment caused by willful or negligent acts of Tenant’s staffLandlord's obligations provided in Sections 9.1 and 9.2 hereof, clientsTenant shall, agentsat its expense, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside keep and maintain the Premises and every part thereof in good order, condition and repair, including, without limiting the Parking Lot (except for any litter caused by invitees generality of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant the foregoing, all equipment or its operations • Interior construction for facilities specifically serving the Building only Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire hose connections if within the Premises, fixtures, interior trimwalls, interior surfaces of exterior walls, ceilings, floors, windows, doors, hardwareplate glass, wall finishesand skylights. Notwithstanding the foregoing, flooring and floor finishes, ceilings and finishes • Any damage Tenant shall not be required to make any such repairs to the Premises or equipment caused extent occasioned by a willful or the negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and supplies.omission or willful

Appears in 2 contracts

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

Repairs and Maintenance. Landlord will provide major Landlord’s sole obligations shall be repair, replacement and maintenance of the foundation, structural elements, exterior walls, and exterior windows of the Property. At Tenant’s expense, Tenant shall perform all other maintenance and repairs necessary to maintain the improvements in a first class operating condition and repair, both interior or exterior, ordinary or extraordinary, including the roof, window glass, plate glass, store fronts, sidewalks, curbs, parking lots, parking spaces, doors, windows (except exterior windows), screens, awnings, locks, keys, weather stripping and thresholds as well as all interior walls, floors, walls, ceilings and floor coverings. Tenant’s responsibility shall also include landscaping; irrigation; the replacement, servicing, repair and maintenance of equipment and fixtures at the Property, including the heating, ventilation, and air conditioning systems and changing filters for such systems. Tenant shall also repair and be responsible for the Premises and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant stoppage, breakage, leakage, overflow, discharge or freezing of plumbing pipes, soil lines or fixtures. If any part of the improvements is damaged by Tenant, or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) or any breaking and entering of the items listed below: said improvements, Tenant shall provide Landlord Responsibilities: • Structural integrity and with immediate written notification of all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused Property. After notification and approval by Landlord, repairs shall be made promptly at Tenant’s negligence expense so as to restore said improvement to its previous condition. If Tenant refuses or willful misconduct • All subsurface conditions • Utility facilities neglects to commence the point necessary repairs within thirty (30) days after the written demand by Landlord (other than in the case of connection at the interior of the Building emergency), Landlord may (but shall not be required to) make such repairs without liability to Tenant will be charged for repairs necessitated by any loss or damage that may accrue to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staffstock, clientsbusiness, agentsequipment, contractorsor fixtures by reason thereof, invitees or permitted subtenantsand if Landlord makes such repairs, Tenant shall pay to Landlord, on demand, as Additional Rent, the cost thereof. For example repairs that are the responsibility of Tenant Tenant’s failure to pay include but are not limited to: • Lock changes • Access due shall constitute a default under this Lease. Tenant’s failure to lock-outs • Replacement give, or unreasonable delay in giving, notice of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside needed repairs or outside the Premises and the Parking Lot (except defects shall make Tenant liable for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape loss or damage caused by Tenant resulting from delay or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesneeded repairs.

Appears in 2 contracts

Sources: Triple Net Lease Agreement (Viemed Healthcare, Inc.), Triple Net Lease Agreement (Viemed Healthcare, Inc.)

Repairs and Maintenance. Landlord will provide major maintenance 9.1 Landlord, at its sole cost and expense, shall be responsible for the Premises repair, maintenance and, if necessary, replacement of the structural elements, the roof structure, foundation and the structural integrity of floor slabs of Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following3, provided that Tenant keeps shall pay for the Premises and cost of any such repairs to the Parking Lot in good condition and has not damaged (normal wear and tearextent occasioned by the negligent act, damage due to casualty omission or condemnation and any condition in the Parking Lot not caused by Tenant or willful misconduct of Tenant’s officers, directorsits agents, employees, agents, contractorsinvitees, licensees or invitees excepted) contractors, or by the construction of Tenant Improvements by Tenant, but only to the extent such cost is in excess of any proceeds received by Landlord from the insurance for Building 3 maintained by Landlord pursuant to Section 14.2. 9.2 Subject to reimbursement by Tenant as provided in Article 10 hereof, Landlord shall keep and maintain in good repair (including replacement as necessary), the roof covering and the exterior surfaces of the items listed below: Landlord Responsibilities: • Structural integrity exterior walls and window frames of Building 3 (exclusive of doors, door frames, door checks and other entrances and windows), all Outdoor Areas (defined in Section 10.1) on Parcel 3, all Shared Areas (as defined in the Declaration) for the use of Parcel 3 and all structural componentssystems (including sewer, includinggas, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer water lines, provided any damage to ) serving the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities Premises to the point of connection at the interior to Building 3. Tenant shall give Landlord prompt written notice of the Building Tenant will be charged for repairs necessitated by any damage to the Premises or requiring repair by Landlord. 9.3 Except to the Parking Lot or loss extent of equipment caused by willful or negligent acts of Tenant’s staffLandlord's obligations provided in Sections 9.1 and 9.2 hereof, clientsTenant shall, agentsat its expense, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside keep and maintain the Premises and every part thereof in good order, condition and repair, including, without limiting the Parking Lot (except generality of the foregoing, all equipment or facilities specifically serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire hose connections if within the Premises, fixtures, interior walls, interior surfaces of exterior walls, ceilings, floors, windows, doors, plate glass, and skylights. Notwithstanding the foregoing, Tenant shall not be required to make any such repairs to the extent occasioned by the negligent act or omission or willful misconduct of Landlord, its agents, employees, or contractors. Tenant shall keep its sewers and drains open and clear to the perimeter of the Premises, and shall keep the hallways and/or sidewalks and common areas adjacent to the Premises clean and free of debris created by Tenant. Tenant shall reimburse Landlord on demand for any litter caused by invitees the cost of Mars Hill on Sundays) • Repair of landscape damage to the Premises, Building 3 or Landlord's Parcels caused by Tenant or its operations • Interior construction employees, agents, customers, suppliers, shippers, contractors, or invitees which is in excess of any proceeds received by Landlord from the insurance for Building 3 maintained by Landlord pursuant to Section 14.2. If Tenant shall fail to comply with the foregoing requirements within ten (10) days after notice from Landlord, Landlord may (but shall not be obligated to) effect such maintenance and repair, and the cost thereof together with interest thereon at the Interest Rate (defined below) shall be due and payable as Additional Rent to Landlord within thirty (30) days following receipt of Landlord's written statement of such costs. See Addendum A-9.3. 9.4 Tenant in keeping the Premises in good order, condition, and repair shall exercise and perform good maintenance practices including obtaining, at its expense, a contract for the Building only such as interior trimrepair and maintenance of the air conditioning and heating system, doorsif any, hardwareexclusively serving the Premises and provide Landlord with a copy of said contract within thirty (30) days after Tenant takes possession of the Premises. The contract shall be for the benefit of Landlord and Tenant and in a form and placed with a licensed contractor satisfactory to Landlord. Tenant obligations shall include restorations, wall finishesreplacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, flooring condition and floor finishesstate of repair, ceilings and finishes • Any damage except to the Premises extent of Landlord's obligations expressly set forth in this Lease. 9.5 Tenant shall not make any exterior or equipment caused structural alterations, changes or improvements in or to Building 3 or material modifications to any of the Base Building operating systems without first obtaining Landlord's prior written consent (which may be withheld by a willful Landlord in its sole discretion as to exterior alterations, and which shall not be unreasonably withheld or negligent act delayed with respect to structural or Base Building system modifications), and all of the same shall be at Tenant's sole cost. Landlord's consent shall not be required for any interior cosmetic alterations or alterations not affecting Base Building exterior, structure or systems as referenced above, or for any alterations, changes, replacements or improvements to any interior nonstructural Special Tenant Improvements or any other elements of Tenant's Work; provided that Tenant shall obtain required permits and comply with all other Legal Requirements and all requirements of Article 8 and Exhibit C regarding construction by Tenant and shall notify Landlord not less than ten (10) days prior to commencing any such alterations to give Landlord an opportunity to post a notice of non-responsibility. Landlord will may impose as a condition of its consent (when required) such requirements as Landlord, in its reasonable discretion, may deem necessary, including but not provide maintenance repairs limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord, and that good and sufficient plans and specifications be submitted to Landlord at such times as its consent is requested. Further, Landlord's consent to any alteration which Tenant will be charged without first providing prior proposes to make after the Commencement Date shall designate by written notice to Tenant any of the repairs alterations, additions and improvements (collectively, "ALTERATIONS") which Landlord will require Tenant to remove at the expiration or termination of the Lease and those Alterations (if any) which Tenant is not permitted to remove. If Landlord so designates, Tenant shall prior to the expiration of the Term promptly remove the Alterations designated to be maderemoved and repair all damage caused by such removal at its cost and with all due diligence, except in an emergency in and shall surrender the Premises with all Alterations which there Tenant is required to leave. Unless Landlord designates as a threat of damage condition to property granting its consent to any Alterations that removal by Tenant is required or personal injury. prohibited, Tenant shall be responsible for minor maintenance includinghave the right, but not limited to: • All janitorial the obligation to remove from the Premises the Alterations for which consent was obtained so long as Tenant promptly repairs any damage resulting from such removal. Except as otherwise expressly provided herein, all Alterations made by Tenant (specifically excluding Tenant's furniture, trade fixtures and general cleaning equipment) shall become the property of Landlord and a part of the Premises realty and shall be surrendered to Landlord upon the Parking Lot • Vacuuming/mopping • Emptying expiration or sooner termination of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesthe Term hereof. See Addendum A-9.5.

Appears in 2 contracts

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

Repairs and Maintenance. Landlord will provide major maintenance for Tenant shall, at its own cost and expense, maintain the structural and non-structural portions of the Premises in good and tenantable condition consistent with a first class retail premises and otherwise in compliance with all applicable federal, state and local laws, rules, regulations, orders and guidelines now or hereafter in force, and make all repairs to the Premises and every part thereof as needed. Tenant’s obligations under this Section shall include, but not be limited to, modifying, repairing, replacing, installing and maintaining, as applicable, the following: items as are required by any governmental agency having jurisdiction thereof (whether the same is ordinary or extraordinary, foreseen or unforeseen); the roof, exterior walls, structural columns and structural floor or floors of the Premises in good condition interior walls and glass; the interior portions of exterior walls; ceilings; utility meters exclusively serving the Premises (including those outside the Premises if they exclusively serve the Premises); pipes and conduits within the Premises exclusively serving the Premises; all pipes and conduits outside the Premises exclusively serving the Premises between the Premises and the Building service meter; all fixtures; heating, ventilating and air conditioning (“HVAC”) system exclusively serving the Premises (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from components thereof whether located inside or outside the Premises); sprinkler equipment and other equipment within the Premises exclusively serving the Premises; the storefront and all exterior glass; all of Tenant’s signs (both interior and exterior); locks and closing devices; all window sashes, casements or frames, doors and door frames; and any alterations, additions or changes performed by or on behalf of Tenant (whether structural or non-structural); provided that Tenant shall make no adjustment, alteration or repair of any part of any sprinkler or sprinkler alarm system in or serving the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused Premises without Landlord’s prior approval. All broken glass, both exterior and interior, shall be promptly replaced by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant with glass of the repairs to be madesame kind, except in an emergency in which there is a threat of damage to property or personal injurysize and quality. Tenant shall be responsible for minor maintenance includingproviding all janitorial, but not limited to: • cleaning and pest control services within the Premises. All janitorial and general cleaning of such services shall be provided in accordance with standards customarily maintained for similar first class retail locations. Tenant shall permit no waste, damage or injury to the Premises and Tenant shall initiate and carry out a program of regular maintenance and repair of the Parking Lot • Vacuuming/mopping • Emptying Premises, including the painting or refinishing of trash baskets • Refilling paper towelsall areas of the interior and the storefront, toilet paperso as to impede, to the extent possible, deterioration by ordinary wear and other paper product dispensers • Supplying tear and installing replacement light bulbs • Supplying cleaning products to keep the same in attractive condition. Tenant will not overload the electrical wiring serving the Premises and supplieswill install, at its expense, with ▇▇▇▇▇▇▇▇’s written approval, any additional electrical wiring required in connection with Tenant’s apparatus. Landlord shall be under no obligation to make any repairs, replacements, reconstruction, alterations, or improvements to or upon the Premises or the mechanical equipment exclusively serving the Premises except as expressly provided for herein.

Appears in 1 contract

Sources: Absolute Net Lease Agreement (Zoned Properties, Inc.)

Repairs and Maintenance. Landlord will provide major maintenance for Lessee shall, at Lessee's sole cost and expense, keep and maintain the Premises and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities adjacent Park in a good good, clean and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good safe condition and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance repair including, but not limited to: • All janitorial , repairing any damage caused by Lessee or its employees, representatives, agents, invitees, licensees or contractors. Without limiting the generality of the foregoing, Lessee shall be solely responsible for maintaining, repairing and general cleaning replacing all interior plumbing and mechanical systems, heating, ventilation and air conditioning systems, interior electrical wiring and equipment, interior lighting, all interior glass in the Premises, interior window casements, partitions, tenant signage, interior doors and door closers, fixtures, equipment, interior painting, and interior walls and floors of the Premises. Lessee's obligation to keep, maintain, preserve and repair the Premises and the Parking Lot • Vacuuming/mopping • Emptying adjacent Park shall specifically extend to the cleanup and removal of trash baskets • Refilling paper towelsany and all Hazardous Materials (as defined in Paragraph 29 below) occurring in, toilet paperon or about the Premises, to the extent the same are introduced by or result from the actions of Lessee, its agents, representatives, employees, invitees, licensees, subtenants or contractors (collectively, "Lessee's Agents"). Subject to the provisions of Paragraphs 6 and 9 of this Lease and except for repairs rendered necessary by the intentional or negligent acts or omissions of Lessee or Lessee's Agents, Lessor agrees, at Lessor's expense, subject to reimbursement pursuant to Paragraph 6 above, to keep in good repair the plumbing and mechanical systems exterior to the Premises, signage (exclusive of tenant signage), exterior electrical wiring and equipment, exterior lighting, all exterior glass, exterior doors and entrances, exterior window casements, exterior doors and door closer, exterior painting, and underground utility and sewer pipes outside the exterior walls of the Building. Lessor reserves the right, but without the obligation, to procure and maintain the heating, ventilation and air conditioning systems maintenance contract and if Lessor so elects, Lessee will reimburse Lessor for the cost thereof in accordance with the provisions of Paragraph 6 above. Except for repairs rendered necessary by the active or passive negligent acts or omissions of Lessee or Lessee's Agents, Lessor agrees, at Lessor's sole cost and expense, to keep in good repair the structural portions of the floors, foundations and exterior walls (exclusive of glass and exterior doors of the Premises), and the structural portions of the roof and membrane of the Building and any other paper product dispensers • Supplying repairs caused by the gross negligent acts or willful misconduct of Lessor Lessor's agents. Term of this Lease, Lessee shall thereafter be responsible for the cost of maintaining the roof membrane. Except for normal maintenance and installing replacement light bulbs • Supplying cleaning products repair of the items outlined above, Lessee shall have no right of access to or right to install any device on the roof of the Building nor make any penetrations of the roof of the Building without the express prior written consent of Lessor. If Lessee refuses or neglects or otherwise fails to repair and suppliesmaintain the Premises and the Park properly as required herein and to the reasonable satisfaction of Lessor, within thirty (30) days after Lessor's written notice to Lessee (or if the failure is such that it cannot be corrected within thirty days, Lessee fails to commence the repair and maintenance within such thirty-day period or fails to thereafter to prosecute to completion such repair and maintenance within a reasonable time), Lessor may, but without obligation to do so, during reasonable times and in a manner designed to minimize interference with Lessee's business, make such repairs and/or maintenance without Lessor having any liability to Lessee for any loss or damage that may accrue to Lessee's merchandise, fixtures or other property, or to Lessee's business by reason thereof except as a result of the gross negligence or willful misconduct of Lessor, its agents, contractors or employees. In the event Lessor makes such repairs and/or maintenance, upon completion thereof Lessee shall pay to Lessor, as additional rent, the Lessor's actual out-of-pocket costs for making such repairs and/or maintenance, plus ten percent (10%) for overhead, upon presentation of a ▇▇▇▇ therefor, plus any Enforcement Expenses. The obligations of Lessee hereunder shall survive the expiration of the term of this Lease or the earlier termination thereof. Lessee hereby waives any right to repair at the expense of Lessor under any applicable Laws now or hereafter in effect respecting the Premises.

Appears in 1 contract

Sources: Lease Agreement (Burke Industries Inc /Ca/)

Repairs and Maintenance. Landlord Notwithstanding anything to the contrary contained herein, the Tenant will provide major maintenance for keep, maintain and preserve the Premises and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the followingfirst class condition, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear and tear, damage due to casualty or condemnation tear excepted. The Tenant at its sole cost and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any of the items listed below: Landlord Responsibilities: • Structural integrity expense will provide janitorial and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at window washing for the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staffPremises. In addition, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance includingall utility services for which the Tenant is separately metered. When and if needed, at the Tenant's sole cost and expense, the Tenant will make all interior repairs and replacements including but not limited to: • All janitorial to interior walls, doors and general cleaning windows, floors, floor coverings, light bulbs, plumbing fixtures, heating/air conditioning systems, hot water systems, and electrical fixtures. Tenant shall also make all repairs and replacements to Tenant's overhead garage and exterior pedestrian doors. The Tenant will also repair and replace at its sole cost and expense any broken windows and/or damage to the building or Premises caused by the negligence of the Tenant or its employees, agents, guests or invitees during the Lease Term hereof. The above repairs, replacements, and/or services must be performed by an approved contractor of the Landlord. Should Tenant fail to perform all interior repairs and replacements to Tenant's Premises such repairs may be performed by the Landlord and charged to the Tenant at the Tenant's sole cost and expense. Except as otherwise provided in this Lease, Tenant will comply with all ordinances of the City of ▇▇▇▇▇, rules and regulations of the Board of Health and the Parking Lot • Vacuuming/mopping • Emptying laws of trash baskets • Refilling paper towelsthe State of MINNESOTA. The Tenant is also responsible for compliance with all laws, toilet paperrules and regulations of any governmental authority required of either the Landlord or the Tenant relative to the repair, maintenance and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesin the Premises NOTWITHSTANDING ANYTHING TO THE CONTRARY, LANDLORD SHALL BE RESPONSIBLE FOR CUMULATIVE REPAIRS OR REPLACEMENT COSTS OF THE ROOF TOP HVAC UNITS IN EXCESS OF $2,000.00 PER YEAR. IN ADDITION, LANDLORD AT LANDLORD'S COST, SHALL HAVE A THIRD PARTY CONTRACTOR CERTIFY THAT THE HVAC UNITS AND OVERHEAD DOORS SERVICING THE PREMISES ARE IN GOOD WORKING CONDITION UPON THE COMMENCEMENT DATE OF THIS LEASE.

Appears in 1 contract

Sources: Lease Agreement (LSC Inc)

Repairs and Maintenance. Landlord will provide major maintenance for 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 and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot premises in good condition condition, promptly making all necessary repairs and has replacements, interior and exterior, structural and non-structural, ordinary and extraordinary, including but not damaged (normal wear limited to, windows, glass and tearplate glass, damage due to casualty or condemnation doors and any condition in the Parking Lot not caused by Tenant or Tenant’s officersspecial office entry, directorswalls and finish work, employees, agents, contractors, licensees or invitees excepted) any of the items listed below: Landlord Responsibilities: • Structural integrity floors and all structural components, including, without limitation, Building foundations, footingsfloor covering, roof, roof membrane • Exterior - sidingfoundation, windowdown- spouts, exterior wallsgutters, doors heating and hardware • Major mechanical such as HVACair conditioning systems, dock boards, truck doors, dock bumpers, paving, plumbing work and fixtures, fire alarmstermite 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 major electrical 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 fixtures • Heavy grounds labor such 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 the tenant occupying adjacent premises. Tenant shall not damage any party wall or disturb the integrity and support provided by any party wall and shall, as shrub removalits sole cost and expense, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided promptly repair any damage or injury to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage party wall caused by Tenant or its operations • Interior construction employees, agents or invitees. C. In the event the premises constitute a portion of a multiple occupancy building, Tenant and 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, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Tenant's obligations under subparagraph A above, and Tenant shall, in lieu of the obligations set forth under subparagraph A above with respect to such items, be liable for its proportionate share (as defined in subparagraph 4(B) above) of the cost and expense of the care for the Building only 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 interior trim, doors, hardware, wall finishes, flooring may be determined by Landlord in its sole discretion; and floor finishes, ceilings and finishes • Any damage to the Premises further provided that if Tenant or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant any other particular tenant of the repairs 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. Tenant shall pay when due its share, determined as aforesaid, of such costs and expenses along with the other tenants of the building to Landlord upon 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 madeperformed such work. (See Addendum Paragraph 3) D. In the event the premises constitute a portion of a multiple occupancy building, except in an emergency in which there is a threat of damage to property or personal injury. Tenant Landlord shall be responsible for minor coordinating any repairs and other maintenance includingof any rail tracks serving or to serve the building, but not limited to: • All janitorial and general cleaning if Tenant uses such rail tracks, Tenant shall reimburse Landlord from time to time upon demand, as additional rent, for a share of the Premises 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 Parking Lot • Vacuumingdenominator 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/mopping • Emptying 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 trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and supplies.the date Tenant takes possession of the premises. (See Addendum Paragraph 4)

Appears in 1 contract

Sources: Lease Agreement (Mohawk Industries Inc)

Repairs and Maintenance. Landlord will provide major maintenance for the Premises and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to 7.1 Tenant shall maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged operating order and keep in good repair and condition the stairs, stairwells, elevator cabs, restrooms, Building mechanical, electrical and telephone closets, and all common and public areas (normal wear collectively, “Tenant’s Building Structure”), and tearthe base building mechanical, damage due to casualty or condemnation electrical, life safety, plumbing, vertical transportation system, sprinkler systems and any condition the heating, ventilating and air conditioning (“HVAC”) systems (collectively, the “Building Systems”), in a first-class manner at least as good as that maintained by Landlord in other buildings in the Parking Lot not caused by Tenant or Project. Subject to Landlord’s reasonable approval, at least once each Lease Year, Tenant, at Tenant’s officerssole cost and expense, directorsshall procure and maintain service contracts with specific terms which are comparable to those maintained by Landlord for other buildings in the Project, employees, agents, contractors, licensees or invitees excepted) any with copies of the items listed below: contracts and the service contract providers’ insurance certificates naming Landlord Responsibilities: • Structural integrity and Landlord’s managing agent as additional insureds, to Landlord within thirty (30) days of execution, with contractors reasonably approved by Landlord, which specialize in and are experienced in the maintenance and repair of the Tenant’s Building Structure, HVAC and Building Systems. Failure to provide the service contracts and/or evidence of insurance as required herein prior to performance of any services by such service contractors shall constitute an Event of Default under this Lease. In lieu of complying with Tenant’s obligations under this Section 7.1, Tenant may arrange with Landlord to perform Tenant’s obligations under this Section 7.1 and to reimburse Landlord within twenty (20) days of being billed therefor for all costs and expenses incurred by Landlord in connection with providing such contracts and services. If Tenant fails to perform its obligations under this Section 7.1, after five (5) days’ notice from Landlord to Tenant of such failure and Tenant’s failure to cure such failure within such five (5) day period, Landlord may on notice to Tenant take over rendering such services and ▇▇▇▇ Tenant for the cost thereof. 7.2 Landlord shall maintain in good condition and operating order and keep in good repair and condition the Common Areas, and the structural componentsportions of the Building, includingincluding the foundation, without limitation, Building foundations, footingsfloor/ceiling slabs, roof, roof membrane • Exterior - siding, windowcurtain wall, exterior wallsglass and mullions, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarmscolumns, and major electrical beams (collectively, “Landlord’s Building Structure”), and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided shall perform any damage reasonably required capital repairs and/or improvement to the lines are not caused by Building, subject to being reimbursed for Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities Share of the costs and expenses thereof, in accordance with the provisions of Sections 4.2.4 and 4.3. 7.3 Subject to Landlord’s obligations under Section 7.2, Tenant shall, at Tenant’s own expense, pursuant to the point terms of connection this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the interior Lease Term and Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the Building Tenant will be charged for repairs necessitated by terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or the Parking Lot repair all damaged, broken, or loss of equipment caused by willful or negligent acts of Tenant’s staffworn fixtures and appurtenances, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at the Landlord’s reasonable discretion if Tenant or its operations • Interior construction fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building only and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such as interior trimrepairs and replacements forthwith upon being billed for same. Landlord may, doorsbut shall not be required to, hardwareenter the Premises at all reasonable times upon reasonable prior notice to make such repairs, wall finishesalterations, flooring and floor finishes, ceilings and finishes • Any damage improvements or additions to the Premises or to the Project or to any equipment caused located in the Project as required or permitted by a willful this Lease or negligent act as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant subsection 1 of Section 1932 and Sections 1941 and 1942 of the repairs California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. Tenant shall at its own expense provide daily janitorial service in the Premises under similar or higher specifications than those maintained by Landlord in Adjacent Buildings and pay for trash and garbage removal from the Premises to be made, except in an emergency in which there is a threat of damage to property or personal injurythe designated Building trash and garbage collection area. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of required to keep the Premises in good and clean condition and dispose of any hazardous or toxic materials, including biohazard waste in accordance with applicable laws and not in the Parking Lot • Vacuuming/mopping • Emptying of Building trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesreceptacles.

Appears in 1 contract

Sources: Lease Agreement (Biomarin Pharmaceutical Inc)

Repairs and Maintenance. Landlord will provide major maintenance for (a) Subtenant shall, at Subtenant's sole expense, keep and maintain the Premises and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural componentsPremises, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior interior walls, doors and hardware • Major mechanical all windows (interior), window frames, plumbing fixtures within the Premises (such as HVACwater and drain lines, plumbing sinks, toilets, faucets, drains, showers, and water fountains; but excluding bathroom plumbing), electrical fixtures within the Premises (such as conduits outlets, and lighting fixtures, fire alarmsincluding lamps, bulbs, tubes, and major electrical ballasts), interior surfaces of the Premises, latches, locks, skylights (if any), and fixtures • Heavy grounds labor fire extinguishing equipment within the Premises, and all other interior improvements installed by or on behalf of Subtenant that are part of the Premises and are not required to be maintained by Sublandlord pursuant to Section 9(e). Subtenant will keep such as shrub removal, sidewalk items in good and parking lot clean condition and repair, retaining walls including, without limitation, through a janitorial service contract (reasonably approved by Sublandlord), and fencing • Sanitary sewer linesby replacing such items as needed, provided any damage and deliver to Sublandlord physical possession of the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection Premises at the interior termination of this Sublease or any sooner expiration thereof, in good condition and repair, reasonable wear and tear excepted. All repairs and replacements required of Subtenant shall be promptly made with new materials of like kind and quality. If the Building Tenant will be charged for repairs necessitated by damage to work affects the structural elements of the Premises or if the Parking Lot estimated cost of any item of repair or loss replacement is in excess of One Thousand Dollars ($1,000), Subtenant shall first obtain Sublandlord's written approval of the scope of the work, the plans for the work, the materials to be used, and the contractor hired to perform the work. At Sublandlord's election, such maintenance responsibilities and charges shall be performed by Sublandlord and Subtenant shall reimburse Sublandlord as additional rent the cost of such maintenance responsibilities and charges. (b) Subject to reimbursement pursuant to Section 4(b) Sublandlord shall maintain for the Building, with licensed repair and maintenance contractors: (i) a service contract for the maintenance of all heating, air conditioning, and ventilation equipment caused and (ii) a service contract for the maintenance of fire alarm and sprinkler systems. The HVAC contract shall provide for periodic inspections and servicing of the heating, air conditioning, and ventilation equipment at least once every ninety (90) days during the Term of the Sublease. (c) If at any time during the Term, including renewals or extensions thereof, Subtenant fails to maintain the Premises, make any repairs or replacements as required by willful or negligent acts of Tenant’s staffthis Section, clientsSublandlord shall have the right to, agentsbut shall not be required to, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside enter the Premises and perform the Parking Lot maintenance or make the repairs or replacements or enter into appropriate service contracts, as the case may be. Any sums expended by Sublandlord in so doing, together with interest at the lesser of ten percent (10%) per annum or the highest rate allowed by law, shall be deemed additional rent and shall be due from Subtenant promptly on demand of Sublandlord. (d) Subtenant waives the provisions of Civil Code 1941 and 1942 and any other law that would require Sublandlord to maintain the Premises in a tenantable condition or would provide Subtenant with the right to make repairs and deduct the cost of those repairs from the rent. (e) Subject to reimbursement pursuant to Section 4(b), and Master Landlord's obligations under the Master Lease, Sublandlord shall maintain the Common Areas, Building foundation, the exterior wall structure, and the roof, load-bearing portions of interior walls of the Building, (excluding wall coverings, painting, glass, and doors), Building systems (HVAC, water, sewer, electrical and plumbing) and bathroom and Building main plumbing repairs (but excluding repairs required due to Subtenant's misuse of facilities which may be completed by Sublandlord at Subtenant's expense, except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises extent paid for by the proceeds of available property insurance carried or equipment caused required to be carried by a willful Sublandlord under the terms of this Sublease or negligent act Master Landlord under the terms of Tenantthe Master Lease). Landlord Except as set forth in Exhibit C, Sublandlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice required to Tenant of the repairs to be mademake any, except in an emergency in which there is a threat of damage to property or personal injury. Tenant and Subtenant shall be responsible for minor maintenance includingthe cost of, but not limited toany repair resulting from: • All janitorial any Alteration or modification to the Building or to mechanical equipment within the Building performed by, for, or because of Subtenant or to special equipment or systems installed by, for, or because of Subtenant; the installation, use, or operation of Subtenant's property, fixtures, and general cleaning equipment; the moving of Subtenant's property in or out of the Building or in and about the Premises; Subtenant's use or occupancy of the Premises in violation of Section 6 of this Sublease or in the manner not contemplated by the parties at the time of the execution of this Sublease; the acts or omissions of Subtenant and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towelsSubtenant's employees, toilet paperagents, invitees, subtenants, licensees, or contractors; fire and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliescasualty, except as provided by this Sublease. Sublandlord shall have no obligation to make repairs under this Section until a reasonable time after receipt of written notice from Subtenant of the need for repairs. Subtenant waives any right to repair at the expense Of Sublandlord under any applicable governmental laws, ordinances, statutes, orders, or regulations now or later in effect. If Sublandlord's obligations under this Section would result in capital repairs or improvements to the Premises, such costs shall be amortized in accordance with Section 4(b)(ii)(b).

Appears in 1 contract

Sources: Sublease Agreement (Andromedia Inc)

Repairs and Maintenance. a. During the Term, Landlord will provide major maintenance for shall, subject to the terms of Section 21 hereof, perform diligently, promptly and in a good and workmanlike manner all maintenance, repairs and replacements to: the structural components of the Building, including without limitation the roof, roofing system, exterior walls, bearing walls, support beams, foundations, columns, exterior doors and windows, and lateral support to the Building; (ii) assure water tightness of the Building and the Premises (including caulking of the flashings) and repairs to the roof, roofing system, curtain walls and windows, if required to assure watertightness; (iii) the plumbing; lawn and fire sprinklers; heating, ventilation and air conditioning systems; electrical and mechanical lines, equipment and systems, including without limitation elevators; (iv) the parking facility, common areas of the Property and Building, including their lighting systems; (v) exterior improvements to the Building, including walkways, shrubbery and landscaping; (vi) the glass including cleaning and replacements; and (vii) normal routine maintenance, cleaning, and janitorial services. b. Tenant shall maintain the Premises and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good fixtures and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot appurtenances therein in good condition and has not damaged (normal wear and tearrepair at all times, damage due except to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any extent such maintenance is the responsibility of the items listed below: Landlord Responsibilities: • Structural integrity and all structural componentspursuant to Section 12(a) above. During the Term, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided Tenant shall not cause or perform any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point redecorating of connection at the interior of the Building Tenant will Premises without the written consent of Landlord, which consent may be charged for withheld in Landlord's sole discretion. c. Landlord, at Tenant's sole cost and expense, unless covered by any insurance policy maintained by Landlord, shall make all repairs necessitated by damage to the Premises or Building (excluding the Parking Lot or loss of equipment Premises) caused by willful the negligence or negligent acts misconduct of Tenant’s staff, clients, its agents, independent contractors, invitees representatives, or permitted subtenants. For example repairs that are the responsibility of employers, and Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction shall promptly reimburse Landlord for the Building only reasonable costs and expenses for such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and supplieswork.

Appears in 1 contract

Sources: Facility Use Agreement (Pca Valdosta Corp)

Repairs and Maintenance. Landlord will provide major maintenance for Tenant, at its sole cost and expense, shall maintain the Demised Premises and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good each part thereof, structural and habitable condition including the followingnon-structural, provided Tenant keeps the Premises and the Parking Lot in good order and condition and, subject to the terms and conditions of Article VI, if and as applicable, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen. When used in this Article VII, the term "Repairs" shall include all such replacements, renewals, alterations, additions and betterments necessary for Tenant to properly maintain the Demised Premises in good order and condition and has not damaged in compliance with all applicable laws. The necessity for, and adequacy of, any and all Repairs to the Demised Premises required or conducted pursuant to this Article VII shall be measured by and meet, at a minimum, all of the following standards: (normal wear 1) at least equal in quality and tear, damage due class to casualty or condemnation the condition of the Demised Premises prior to the need for such Repairs; (2) at least equal in quality and any class to the condition of buildings and related facilities of similar construction and class in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any general geographic area of the items listed below: Landlord Responsibilities: • Structural integrity Demised Premises are generally maintained; (3) subject to the terms and conditions of Article VI, avoidance of any and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage or injury to the lines are not caused Building or persons therein; (4) any and all maintenance, service, operation and repair standards and requirements set forth by Tenant’s negligence Tenant for its (or willful misconduct • All subsurface conditions • Utility facilities its subsidiaries’ or affiliates’) restaurants; (5) any and all repairs, replacements or upgrades necessary to ensure compliance with the point rules and regulations of connection all governmental agencies, including all Environmental Laws (as defined below); and (6) no mold which inhibits or impairs the intended use of the Demised Premises shall be permitted to remain unabated at the interior Demised Premises. Landlord shall have no duty whatsoever to maintain, replace, upgrade, or repair any portion of the Building Demised Premises. If Tenant will fails or neglects to make all necessary Repairs or fulfill its other obligations as set forth above, then Landlord or its agents may enter the Demised Premises for the purpose of making such Repairs or fulfilling those obligations. All costs and expenses incurred as a consequence of Landlord's action shall be charged for repairs necessitated paid by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are Landlord as Additional Rent within fifteen (15) days after Landlord delivers to Tenant copies of invoices for such Repairs or other obligations. These invoices shall be prima facie evidence of the payment of the charges to be paid by Landlord. Except in the case of emergency, Landlord shall refrain from taking any such action unless Tenant has not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside commenced and diligently pursued making such repairs or outside the Premises and the Parking Lot fulfilling such obligations within thirty (except for any litter caused by invitees of Mars Hill on Sundays30) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. days after Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior delivers written notice to Tenant of the repairs proposed actions to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliestaken by Landlord.

Appears in 1 contract

Sources: Land and Building Lease (Shells Seafood Restaurants Inc)

Repairs and Maintenance. Landlord will provide major maintenance for Section 9.1 Tenant shall, at Tenant’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the Building (necessity for such repairs. Section 9.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the parking area)repair and replacement of the sprinkler heads and pipes. Under this Lease “major If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense. Landlord shall not be responsible for maintenance” means work which Landlord normally does , repairs or replacement of any element of the sprinkler system within the Premises. Section 9.3 Subject to Articles 12 13 and 14 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (normal wear “HVAC Units”), and tearelectric conduits, damage due lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to casualty or condemnation Articles 12 13 and 14 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any condition in rooftop or exterior air conditioning equipment or HVAC Units serving only the Parking Lot not caused by Tenant or Tenant’s officersPremises, directors, employees, agents, contractors, licensees or invitees excepted) any of plumbing fixtures within the items listed below: Landlord Responsibilities: • Structural integrity Premises (including sinks and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarmstoilets), and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer the plumbing lines, provided any damage valves, and pipes connected to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities running from such fixtures to the point of connection at which such lines, valves and pipes connect with the interior of the Building Tenant will be charged for repairs necessitated by damage Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injuryPremises. Tenant shall also make, at Tenant’s expense, such repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be responsible made in compliance with the provisions of this lease (including Article 5). Section 9.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a reputable service company, reasonably satisfactory to Landlord, for minor maintenance includingthe HVAC Units serving the Premises. Tenant shall, but not limited to: • All janitorial from time to time, furnish Landlord with a copy of such service contract, within ten (10) days after request. If Tenant fails to obtain or maintain such service contract or to deliver to Landlord a copy of such contract upon request, Landlord may, at its option, enter into a service contract providing for the maintenance, repair, and general cleaning servicing of the Premises HVAC Units and bill Tenant for the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet papercharges due under such contract. Any such charges shall be paid by Tenant within fifteen (15) days after Landlord delivers a bill therefor to Tenant, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliessuch charges shall be deemed additional rent. Section 9.5 Tenant shall reimburse Landlord, as Additional Rent, within thirty

Appears in 1 contract

Sources: Commercial Lease

Repairs and Maintenance. 18.1. Subject to Section 18.2 below, Landlord will provide major maintenance for 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 HVAC systems; elevators; and electrical systems installed or furnished by Landlord. 18.2. Except as otherwise set forth in this Lease, Tenant shall at Tenant's sole cost and expense maintain and keep the interior of the Premises and every part thereof (and all equipment, systems and facilities serving the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its Premises, regardless of where such equipment, systems and facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot are located) in good condition and has not damaged (normal repair, damage thereto from ordinary wear and teartear excepted, damage due and shall, within ten (10) days after receipt of written notice from Landlord, provide to casualty Landlord any maintenance records that Landlord reasonably requests. Landlord may elect to perform repairs, maintenance and replacements as required for any mechanical, electrical or condemnation plumbing or process systems (such as any RO/DI system, electric steam boilers, or similar equipment) serving the Premises, or may elect to require Tenant to repair and maintain all or any condition in of such systems that exclusively serve the Parking Lot not caused Premises. As to any systems that Landlord elects to repair and maintain, all costs to repair, maintain and replace (if required) such system or equipment will be payable by Tenant to Landlord as Additional Rent within thirty (30) days after invoicing therefor. In the event any such systems or equipment serve multiple tenants, the cost of repair, maintenance and replacement will be equitably allocated among the tenants using the applicable system or equipment based on their relative usage, as determined by Landlord. In the event Landlord elects to have Tenant perform all repairs, maintenance and replacement of any such systems or equipment exclusively serving the Premises, Tenant will perform such repairs, maintenance and replacement required to keep such systems in good working order and condition, at Tenant’s officers's sole cost. Tenant will be required to engage contractors for such purposes that are reasonably approved by Landlord and will provide Landlord with copies of all repair and maintenance records relating to such systems or equipment. Tenant shall, directors, employees, agents, contractors, licensees upon the expiration or invitees excepted) any sooner termination of the items listed below: Landlord Responsibilities: • Structural integrity Term, surrender the Premises and all structural componentssystems and equipment that Tenant is required to maintain hereunder to Landlord in as good a condition as when received and with the Tenant Improvements in substantially the same condition as existed when completed, includingordinary wear and tear excepted; and shall, without limitationat Landlord's request and Tenant's sole cost and expense, Building foundationsremove all telephone and data systems, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors wiring and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarmsequipment installed or used by Tenant from the Premises, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided repair any damage to the lines are not Premises caused by Tenant’s negligence thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to paint the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenantsany part thereof 18.3. For example repairs that are the responsibility of Tenant to pay include but are Landlord shall not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except be liable for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by 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 or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. provides Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior with written notice to Tenant 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, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible afford to the person causing or authorized to cause such excavation, license to enter the Premises for minor maintenance includingthe 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, but not limited to: • All janitorial without any claim for damages or liability against Landlord and general cleaning without reducing or otherwise affecting Tenant's obligations under this Lease. Landlord will cause any parties performing work pursuant to this Section 18.4 to use commercially reasonable efforts to minimize any interference with Tenant's use and occupancy of the Premises Premises. 18.5. This Article relates to repairs and maintenance arising in the ordinary course of operation of the Building and the Parking Lot • Vacuuming/mopping • Emptying Project. In the event of trash baskets • Refilling paper towelsa casualty described in Article 24, toilet paperArticle 24 shall apply in lieu of this Article. In the event of eminent domain, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesArticle 25 shall apply in lieu of this Article. 18.6. Costs incurred by Landlord pursuant to this Article shall constitute Operating Expenses, unless expressly excluded by this Lease or otherwise payable by Tenant as Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (Natera, Inc.)

Repairs and Maintenance. 18.1 Landlord will provide major maintenance for the Premises shall repair, replace and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear repair the structural and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any exterior portions of the items listed below: Landlord Responsibilities: • Structural integrity Building and all structural componentsProject and the Common Areas, including, without limitation, Building including foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors load bearing walls, windows, plate glass, roofing, and hardware • Major mechanical roofing covering materials, and plumbing, fire sprinkler system, heating, ventilating, air conditioning, elevator, and electrical systems installed or furnished by Landlord, subject to reimbursement by Tenant as its Pro Rata Share of Operating Expenses to the extent provided by Article 7. However, if such maintenance or repairs are required because of any act, neglect, fault of or omissions of any duty by Tenant, its agents, servants, employees or invitees, Tenant shall pay to Landlord the costs of such maintenance and repairs attributable to Tenant’s act, neglect, fault or omission. 18.2 Except as HVACotherwise set forth in Section 18.1, plumbing 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 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 a tenantable condition, and the under said sections or under any law, 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 no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, or in or to improvements, fixtures, fire alarms, equipment and major electrical personal property therein unless such injury or interference is unreasonable under the circumstances and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to is the lines are not caused by Tenantresult of Landlord’s negligence grossly negligent or willful misconduct • All subsurface conditions • Utility facilities act or omission. Subject to Section 21.8, if repairs or replacements become necessary which by the point terms of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that this Lease are the responsibility of Tenant and Tenant fails to pay include but are make the 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 limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises be applicable and the Parking Lot (except for any litter caused by invitees provisions of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant Article 22, entitled “Damage or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring Destruction,” shall apply and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliescontrol.

Appears in 1 contract

Sources: Lease Agreement (Salmedix Inc)

Repairs and Maintenance. Landlord will provide major maintenance for (a) Except as specifically otherwise provided in subparagraphs (b) and (c) of this Article, Tenant, at its sole cost and expense and throughout the Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary to keep and maintain such good order and condition. If requested by Tenant, Landlord shall make such repairs to the Premises within a reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). When used in this Article 14, the term “repairs” shall include replacements and renewals when necessary. All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Building Premises. (including b) Landlord, throughout the parking area). Under Term of this Lease “major maintenance” means work which Landlord normally does and at Landlord’s sole cost and expense, shall make all necessary repairs to maintain its facilities in a good the slab, footings and habitable condition including the following, provided Tenant keeps the Premises foundations and the Parking Lot in good condition load bearing walls (if any), structural steel columns and has not damaged (normal wear girders and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any roof structure forming a part of the items listed below: Premises. (c) Landlord Responsibilities: • Structural integrity shall maintain, repair and replace as necessary all structural componentsHVAC systems, plumbing and electric systems serving the Building and the Premises, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as any bathrooms in the Premises. Tenant’s Allocated Share of Landlord’s cost for HVAC, electric and plumbing service, maintenance and fixturesrepairs, fire alarmsas limited under Article 6 with respect to capital expenditures, shall be included as a portion of Operating Expenses as provided in Article 6. (d) Landlord, throughout the Term of this Lease, shall make all necessary repairs and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage replacements to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point Building outside of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for common areas, including the roof membrane, non load-bearing walls, exterior portions of the Premises and the Building, utility lines, equipment and other utility facilities in the Building, which serve more than one tenant of the Building, and to any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction driveways, sidewalks, curbs, loading, parking and landscaped areas, and other exterior improvements for the Building only such as interior trimBuilding; provided, doorshowever, hardware, wall finishes, flooring that Landlord shall have no responsibility to make any repairs unless and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. until Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior receives written notice to Tenant of the repairs need for such repair or Landlord has actual knowledge of the need to be made, except in an emergency in which there is a threat of damage to property or personal injurymake such repair. Tenant shall pay Tenant’s Allocated Share of the cost of all repairs, as limited under Article 6 with respect to capital repairs, to be responsible performed by Landlord pursuant to this Paragraph 14(d) as Additional Rent as provided in Article 6 hereof. (e) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, parking areas, curbs and access ways adjoining the Project in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition. Tenant shall pay its Allocated Share of the cost of all work to be performed by Landlord pursuant to this Paragraph 14(e) as Additional Rent as provided in Article 6 hereof. Landlord’s obligation to provide snow removal services shall be limited to the parking areas and the sidewalk entrances to the Building. (f) Except as otherwise provided in this Lease, repairs to the Premises, Building or Project and its appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, agent, contractor, or invitee of Tenant shall be made at the sole cost and expense of Tenant, except to the extent of insurance proceeds received by Landlord. (g) Landlord shall provide Tenant with janitorial services for minor maintenance the Premises Monday through Friday of each week and the Tenant shall pay its Allocated Share of the cost thereof as Additional Rent as provided in Article 6 hereof. (h) Landlord reserves the right at any time and from time to time to make or permit changes to or revisions in the Building common areas and/or the Project, including, but not limited to: • All janitorial , additions, subtractions, rearrangements or other modifications thereto (including, but not limited to, rearranging or modifying any entrances and/or exits), so long as Tenant’s access to and general cleaning from the Premises, Tenant’s parking rights and the visibility of the Premises are not materially and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paperadversely affected, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesso long as such changes are not undertaken for the purpose of increasing Tenant’s obligations under this Lease.

Appears in 1 contract

Sources: Lease Agreement (SolarWinds, Inc.)

Repairs and Maintenance. Landlord will provide major maintenance for shall, at its cost, during the Premises and the Building (including the parking area). Under term of ----------------------- this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot keep in good condition and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in repair the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVACroofs, plumbing and fixtures, fire alarmsgutters, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior down spouts forming a part of the Building Leased Premises. Landlord will be responsible for making major repairs or replacement of the HVAC system until March 31, 1999, at which time Tenant will be charged responsible for HVAC repairs necessitated by damage to or replacement throughout the Premises or remainder of the Parking Lot or loss Lease, as required. Tenant shall, at its cost, keep in good repair the parking lot drives, sidewalks, and common areas forming a part of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Leased Premises and shall maintain in good and first-class condition the Parking Lot (except for lawn, sidewalks, drives, common areas, and shrubbery, including watering same, cutting the grass, and the replacing of any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by dead trees, bushes or other ornamental plants. Tenant or also, at its operations • Interior construction for the Building only such as interior trimown cost and expense, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant keep all other parts of the repairs to be made, except Leased Premises in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance good repair (including, but not limited to: • All janitorial , repair and general cleaning replacement of the mechanical equipment, plumbing system, electrical system, sprinkler system, exterior doors and interior doors and partitions) and shall keep the Leased Premises in good order to the standards of a first-class office building, including, but in no way limited to, keeping the Leased Premises free of trash; and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet papermaintaining, and other paper product dispensers • Supplying replacing all broken glass, plate glass and installing replacement light bulbs • Supplying cleaning products skylights, in the Leased Premises. In the event that Tenant shall be in default under this Paragraph 10, then Landlord may cure such default on behalf of Tenant after providing 10 days prior written notice, in which event Tenant on demand shall reimburse Landlord for all sums paid to effect such cure, plus twelve percent (12%) thereof to cover Landlord's overhead expenses and suppliesplus reasonable attorneys' fees. In order to collect such reimbursement, Landlord shall have all the remedies available under this Lease for a default in the payment of rent.

Appears in 1 contract

Sources: Sublease Agreement (Concentric Network Corp)

Repairs and Maintenance. Landlord will provide major maintenance for (a) Tenant shall, at Tenant's sole expense, keep and maintain the Premises and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural componentsPremises, including, without limitation, Building foundations, footings, roofinterior walls, roof membrane • Exterior - sidingmembrane, windowheating, exterior wallsventilation and air conditioning systems, doors operating systems, fire sprinklers, alarms, all windows (interior and hardware • Major mechanical exterior), window frames, plate glass and glazing, truck doors, plumbing systems (such as HVACwater and drain lines, plumbing sinks, toilets, faucets, drains, showers, and water fountains), electrical systems (such as panels, conduits, outlets, and lighting fixtures, fire alarmsincluding lamps, bulbs, tubes, and major electrical ballasts), heating and fixtures • Heavy grounds labor air conditioning systems (such as shrub removalcompressors, sidewalk fans, air handlers, ducts, mixing boxes, thermostats, time clocks, supply and parking lot return grills), interior surfaces of the Premises, store fronts, down mechanisms, latches, locks, skylights (if any), fire extinguishing systems and equipment, and all other interior improvements of any nature whatsoever, that are part of the Premises (collectively, the "Building Systems"). Tenant will keep such items in good and clean condition and repair (and, subject to the further provisions of this Section 10(a), 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, retaining walls reasonable wear and fencing • Sanitary sewer lines, provided any damage tear excepted. Except to the lines are not caused by Tenant’s negligence or willful misconduct • extent of Landlord's "Grounds Maintenance" as set forth in Section 10(f), Tenant shall keep and maintain the Outside Area in good, safe and sanitary order, condition and repair and in compliance with Legal Requirements in accordance with Section 6(e). All subsurface conditions • Utility facilities repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality. If and to the point extent Tenant's obligations under this Section require replacement of connection at a Building System, Tenant shall have the interior right to cause Landlord to perform such replacement, and Tenant shall pay to Landlord as Additional Rent the amortized cost of such improvement over the Building Tenant will be charged for repairs necessitated by damage useful life of such repair or improvement pursuant to a commercially reasonable amortization schedule. If the work affects the structural elements of the Premises or if the Parking Lot estimated cost of any item of repair or loss replacement is in excess of equipment caused by willful or negligent acts Five Thousand Dollars ($5,000), Tenant shall first obtain Landlord's written approval of Tenant’s staffthe scope of the work, clientsthe plans for the work, agentsthe materials to be used, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant contractor hired to perform the work, which approval shall not be unreasonably withheld or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesdelayed.

Appears in 1 contract

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

Repairs and Maintenance. 9.1 Landlord will provide major shall maintain and repair the foundation, floor slab, exterior walls, exterior paint, roof, asphalt paving, concrete paving and fire sprinkler system of the Premises at its own cost and expense (subject to Tenant and insurance contributions relating to damage or destruction affecting the Premises), provided, however, that if any maintenance or repair work for the foundation, floor slab, exterior walls, exterior paint, roof, asphalt paving, concrete paving or fire sprinkler system of the Premises is required as a result of any negligence or willful misconduct of Tenant or any of Tenant's agents, employees, shippers, customers, invitees or contractors, such work shall be at Tenant's sole cost and expense except to the extent such matter is covered by the insurance required to be carried by Landlord under the terms of this Lease. Tenant shall keep all other portions and components of the Premises, and including all plumbing, HVAC systems, electrical and lighting systems, ceilings, plate glass and skylights in good order, condition and repair during the Lease Term and any Extended Term. Without limiting the generality of the foregoing, Tenant shall perform all maintenance detailed in Paragraph K (mechanical service controls) of the Performance Standards of the ▇▇▇▇▇▇ Industrial Center attached hereto as Exhibit A. Tenant shall also maintain any of Tenant's property visible from outside the Building in the same condition, with the surfaces thereof painted at such intervals and such colors as Landlord shall approve. Except as provided below, Tenant shall promptly replace any portion of the Premises or system or equipment in the Premises which cannot be fully repaired. In the event it becomes necessary to replace a component of the HVAC system or lighting for the Premises and such replacement would constitute a capital improvement, Tenant shall pay a portion of the cost of such capital improvement computed by multiplying such cost by a fraction, the numerator of which shall be the total number of years of the Lease Term (including any Extended Term for which Tenant has or ultimately exercises its extension option) and the denominator of which shall be the number of years of the projected useful life of such capital improvement. With respect to any capital improvement to major plumbing lines within the Building which have an aggregate replacement cost in excess of Twenty-Five Thousand Dollars ($25,000.00), Tenant shall pay a portion of such cost of such capital improvement computed by multiplying the total cost of such improvements by a fraction, the numerator of which shall be the number of years remaining in the Lease Term (including any Extended Term for which Tenant has or ultimately exercises its extension option) and the parking areadenominator of which shall be fifteen (15). Under this If the replacement of any such capital improvement item occurs prior to the end of the Lease “major maintenance” means work which Landlord normally does Term, and Tenant subsequently exercises one or both of its extension options, the amount previously computed as being payable by Tenant hereunder shall be adjusted to reflect the change in the numerator of such fraction resulting from Tenant's exercise of such extension option. Tenant's portion of such cost shall be paid in equal monthly payments, amortized at a commercially reasonably interest rate, over the portion of the Lease Term remaining as of the date such capital improvement is commenced. Any payment adjustment resulting from the exercise of an extension option shall be paid by Tenant in equal monthly payments amortized over the Extended Term at a commercially reasonable interest rate. Tenant shall maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises in an orderly, first-class and fully operative condition. Landlord shall maintain the exterior landscaping for the Premises in accordance with Landlord's then-prevailing landscape maintenance standards, and the Parking Lot in good condition and has not damaged amount by which the cost of such landscape maintenance work exceeds the Landscape Base Amount of One Thousand One Hundred Forty-Eight Dollars (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused $1,148) shall be paid by Tenant or to Landlord as additional rent. Such payments shall be made by Tenant within thirty (30) days following Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any 's receipt of an invoice from Landlord. Except for Landlord's obligations for maintenance and repair of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors exterior paint and hardware • Major mechanical such as HVACroof of the Premises, plumbing and fixturesLandlord shall have no obligation to repair or maintain the improvements or any areas adjacent thereto. Tenant waives the provisions of any law permitting Tenant to make repairs at Landlord's expense. 9.1.1 If Tenant provides notice (the "Repair Notice") to Landlord of an event or circumstance which Landlord is required to repair, fire alarmsalter or maintain pursuant to the terms of this Lease (a "Required Action"), and major electrical Landlord fails to provide the Required Action within the time period required by this Lease, or a reasonable period of time, if no specific time period is specified in this Lease, after a reasonable period of time following the receipt of the Repair Notice (the "Notice Date"), or, in any event, does not commence the Required Action within ten (10) days after the Notice Date and fixtures • Heavy grounds labor complete the Required Action within thirty (30) days after the Notice Date (provided that if the nature of the Required Action is such that the same cannot reasonably be completed within a thirty (30) day period, Landlord's time period for completion shall not be deemed to have expired if Landlord diligently commences such cure within such period and thereafter diligently proceeds to rectify and complete the Required Action, as shrub removalsoon as possible), sidewalk and parking lot repairthen Tenant may proceed to take the Required Action, retaining walls and fencing • Sanitary sewer lines, provided any damage pursuant to the lines terms of this Lease, and after delivering a second notice to Landlord specifying that Tenant is taking the Required Action (the "Second Notice"). 9.1.2 Notwithstanding the foregoing, if there exists an emergency such that the Premises or a portion thereof are rendered untenantable and Tenant's personnel are forced to vacate the Premises or such portion thereof and if Tenant gives Landlord notice (the "Emergency Notice") of Tenant's intention to take action with respect thereto (the "Necessary Action") and the Necessary Action is also a Required Action, Tenant may take the Necessary Action if Landlord does not caused commence the Necessary Action within one (1) business day after the Emergency Notice (the "Emergency Cure Period") and thereafter use its best efforts and due diligence to complete the Necessary Action as soon as possible. 9.1.3 If any Necessary Action will affect the structural integrity of the Building, or the exterior appearance of the Building, Tenant shall use only those contractors used by Landlord in the Building for work on the Building Systems, or its structure, and Landlord shall provide Tenant (when available and upon Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities 's request) with notice identifying such contractors and any changes to the point list of connection at such contractors, unless such contractors are unwilling or unable to perform such work or the interior cost of such work is not competitive, in which event Tenant may utilize the services of any other qualified contractors which normally and regularly perform similar work in the vicinity of the Building except for any contractors who Landlord specifically notifies Tenant will be charged in writing within five (5) business days of Landlord's receipt of a Repair Notice or within one (1) business day of Landlord's receipt of an Emergency Notice that Tenant may not use for repairs necessitated such work (which notice shall specify the commercially reasonable reasons for Landlord's not allowing Tenant to use such contractor.) 9.1.4 If any Requested Action or Necessary Action is taken by damage Tenant pursuant to the terms of this Paragraph 9.1, and such Required Action or Necessary Action relates to an item for which Landlord is allocated payment responsibility under this Lease, then Landlord shall reimburse Tenant for Tenant's reasonable and documented costs and expenses in taking the Required Action or Necessary Action within thirty (30) days after receipt by Landlord of an invoice from Tenant which sets forth a reasonably particularized breakdown of its costs and expenses in connection with taking the Required Action or Necessary Action on behalf of Landlord (the "Repair Invoice). In the event Landlord does not pay Tenant the amount of the repair invoice within the time required pursuant to this Paragraph 9.1.4, Tenant shall have the right to seek recovery of such amount pursuant to a judicial reference proceeding conducted in accordance with the provisions of Paragraph 18.2, below. If ownership of the Premises has been conveyed to a person other than: (a) a lender pursuant to foreclosure of acceptance of a deed in lieu of foreclosure; (b) an institutional owner, such as a pension trust fund, life insurance company or commercial bank with a property management presence in California; or (c) a non-institutional owner headquartered in the Parking Lot or loss state of equipment caused by willful or negligent acts California, then if Tenant obtains a final judgment against such Landlord in such judicial reference proceeding, and such Landlord fails to make the payment to Tenant in the amount of such judgment within ten (10) days following Tenant's demand for such payment, then Tenant shall have the right to deduct up to twenty percent (20%) of the amount of Tenant’s staff's monthly Minimum Rent payments under this Lease until such time as Tenant has deducted an amount equal to the amount of such judgment, clientstogether with interest on any unpaid outstanding balance of such judgment that may exist from time to time at the Lease Interest Rate. 9.2 All of Tenant's obligations to maintain and repair shall be accomplished at Tenant's sole expense. If Tenant fails to maintain and repair the Premises, agentsLandlord may, contractorsat its election, invitees notify Tenant of Tenant's obligation to undertake such repair and maintenance work. If Tenant fails to commence such work within a reasonable period of time following receipt of such notice (determined in light of then-prevailing facts and circumstances) Landlord may enter the Premises and perform any such work on behalf of Tenant. Notwithstanding the foregoing, no notice to Tenant shall be required in case of emergency, and in the event of an emergency Landlord may enter the Premises and perform such repair and maintenance on behalf of Tenant. In any such case, Tenant shall reimburse Landlord for all costs so incurred immediately upon demand, together with interest thereon at the "Lease Interest Rate" (as defined in Paragraph 26.26, below). Landlord's right to perform maintenance and repair work pursuant to this Paragraph 9.2 shall not be deemed to create any obligation on the part of Landlord to do so, and shall not in any way limit Landlord's remedies under this Lease. 9.3 Upon the expiration or permitted subtenantssooner termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in the same condition as received, except for ordinary wear and tear which Tenant is not otherwise obligated to remedy under any provision of this Lease, and except for repair and maintenance items which are the obligation of Landlord pursuant to Paragraph 9.1, above. For example repairs that are Any damage to, or deterioration of, the Premises shall be deemed not to be ordinary wear and tear if the same was the responsibility of Tenant under this Lease, and could have been prevented by good maintenance practices. In addition, Landlord may require Tenant to pay include but are not limited to: • Lock changes • Access due remove any alterations, additions or improvements prior to lock-outs • Replacement the termination of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Lease and to restore the Premises to its prior condition, or Landlord may perform such removals and restorations itself, all at Tenant's expense. Notwithstanding the Parking Lot foregoing, Landlord and Tenant hereby agree that Tenant shall not be required to remove from the Premises the overhead bridge conveyor system described in Paragraph 7 of the attached Lease Rider. All alterations, additions and improvements which Landlord has not required Tenant to remove or which Tenant has not elected to remove, as provided herein, shall become Landlord's property and shall be surrendered to Landlord upon the expiration or sooner termination of the Lease, except that Tenant may remove any of Tenant's machinery or equipment which can be removed without damage to the Premises. Tenant may, at its election, finance the purchase of, grant security interests in, and otherwise encumber any trade fixtures, furnishings, trade equipment, inventory or other personal property owned by Tenant (except collectively, the "Personal Property") (but not any equipment which is a replacement of or an enhancement to any building systems existing on the Premises as of the date of this Lease, or any building equipment which is necessary for any litter caused by invitees the operation or integrity of Mars Hill on Sundaysthe Building) • Repair and Landlord agrees to execute a commercially reasonable form of landscape "Landlord Lien Waiver Agreement" should Tenant request Landlord to do so. As used herein, the term "Landlord Lien Waiver Agreement" shall mean an agreement granting the holder of a security interest in the Personal Property the right, upon reasonable notice to Landlord, to enter the Premises for the purposes of taking possession of and removing Tenant's Personal Property. Any such Landlord Lien Waiver Agreement shall include requirements that: (a) such lender repair all damage caused by or arising out of any entry of the Premises, including any damage caused by the removal of Tenant's Personal Property; (b) the Personal Property be removed no later than thirty (30) days following delivery of a written demand from Landlord to Tenant or its operations • Interior construction for such Lender, which demand may be made only following the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant termination of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and supplies.Lease;

Appears in 1 contract

Sources: Lease Agreement (Leiner Health Products Inc)

Repairs and Maintenance. Landlord will provide major maintenance for Tenant shall, at its own cost and expense, maintain the structural and non-structural portions of the Premises, including the parking areas and vacant land areas, in good and tenantable condition consistent with a first class retail premises and otherwise in compliance with all applicable federal, state and local laws, rules, regulations, orders and guidelines now or hereafter in force, and make all repairs to the Premises and every part thereof as needed. Tenant’s obligations under this Section shall include, but not be limited to, modifying, repairing, replacing, installing and maintaining, as applicable, the following: items as are required by any governmental agency having jurisdiction thereof (whether the same is ordinary or extraordinary, foreseen or unforeseen); the roof, exterior walls, structural columns and structural floor or floors of the Premises in good condition; interior walls and glass; the interior portions of exterior walls; ceilings; utility meters exclusively serving the Premises (including those outside the Premises if they exclusively serve the Premises); pipes and conduits within the Premises exclusively serving the Premises; all pipes and conduits outside the Premises exclusively serving the Premises between the Premises and the Building service meter; all fixtures; heating, ventilating and air conditioning (“HVAC”) system exclusively serving the Premises (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from components thereof whether located inside or outside the Premises Premises); sprinkler equipment and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to other equipment within the Premises or equipment caused by a willful or negligent act exclusively serving the Premises; the storefront and all exterior glass; all of Tenant. Landlord will not provide maintenance repairs for which ’s signs (both interior and exterior); locks and closing devices; all window sashes, casements or frames, doors and door frames; and any alterations, additions or changes performed by or on behalf of Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property (whether structural or personal injury. non-structural); provided that Tenant shall be responsible for minor maintenance includingmake no adjustment, but not limited to: • All janitorial and general cleaning alteration or repair of any part of any sprinkler or sprinkler alarm system in or serving the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and supplieswithout Landlord’s prior approval.

Appears in 1 contract

Sources: Absolute Net Ground Lease Agreement (Zoned Properties, Inc.)

Repairs and Maintenance. Landlord will 9.1. Lessor, at Lessor’s sole cost and expense, shall repair, maintain and keep in good condition, in accordance with the standards of comparable first-class office space in the Greater Danbury area, all structural elements and the roof of the Building. Lessee shall promptly notify Lessor of any defective condition of the structure or roof of the Building of which Lessee is aware. Following such notice, Lessor shall remedy the condition with diligence and in a workmanlike manner which minimizes any disturbance to the conduct of Lessee’s business and/or the business of any permitted assignee or subtenant of Lessee. In addition, Lessor hereby warrants the building systems installed pursuant to Lessor’s Work and the building systems in the Existing Building (including, without limitation, the HVAC system) for a period of one (1) year from the Rent Commencement Date, and shall be responsible for all repair and maintenance of the same (to the extent required) during such warranty period, and Lessor shall be responsible for balancing the new HVAC system with the existing system within the Existing Building. 9.2. Subject to the obligations of Lessor pursuant to Section 9.1 above, on and after the Rent Commencement Date, Lessee, at Lessee’s sole cost and expense, shall repair and maintain in good condition, in accordance with the standards of comparable first-class office space in the Greater Danbury area, the Building and the Building’s systems and equipment therein including (but not limited to) repair and maintenance of all elevators, HVAC systems, boilers, mechanical systems, electrical systems, sprinklers, security systems, plumbing systems and associated equipment within the Building. Notwithstanding the foregoing, the cost of all Capital Expenses necessary to comply with Lessee’s obligations under this Section 9.2 shall be allocated between Lessor and Lessee in the same manner as provided in Section 3.2 above. 9.3. Lessee shall at all times keep the hallways and entrances to the Building free and clear of debris, and shall also provide major for interior janitorial service (including carpet maintenance), interior painting (and re-painting, where necessary), replacement of lighting ballasts and bulbs, and interior and exterior window cleaning. Lessor shall assign to Lessee or make available for Lessee’s benefit, all warranties, guaranties and service contracts with respect to the Building or any part thereof. 9.4. Lessee shall, at Lessee’s sole cost and expense, repair and maintain, in a manner consistent with comparable Class A office buildings, the parking area, access roads, sidewalks, lawns and planting areas at the Premises, which maintenance for shall include, as necessary, desirable or appropriate the mowing, landscaping, plowing, sanding and sweeping thereof. With respect to the access roads that do not form a part of the Premises but are within the Park, Lessor shall maintain the same in a manner consistent with that of comparable business parks, including sanding and plowing, and Lessee shall pay Lessee’s pro rata share of the cost thereof to Lessor, as shall be reasonably determined by Lessor. 9.5. Lessee shall not permit, allow or cause any act or deed to be performed or any practice to be adopted or followed on the Premises and/or within the Building which shall cause or be likely to cause injury or damage to any person or to the Premises or to any part thereof. Lessee at all times shall keep the Premises and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good neat and habitable orderly condition including the followingand clean and free from rubbish, provided Tenant keeps dirt and other miscellaneous items. Lessee shall make provision for adequate refuse containers to be placed upon the Premises and the Parking Lot in good condition and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs areas to be made, except designated by Lessor and shall cause the same to be emptied periodically. Lessee shall deposit all refuse in an emergency in which there is a threat of damage to property or personal injury. Tenant such containers and shall be responsible for minor maintenance including, but not limited to: • All janitorial keep the area around such containers reasonably neat and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesattractive.

Appears in 1 contract

Sources: Lease Agreement (Realogy Corp)

Repairs and Maintenance. Section 10.1 Landlord will provide major maintenance for shall, at Landlord’s expense, make all structural repairs needed to the exterior walls, structural columns, structural roof, and structural floors that enclose the Premises (excluding all doors, door frames, storefronts, windows and glass); provided that Tenant gives Landlord notice of the Building necessity for such repairs. Notwithstanding the foregoing, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all such repair costs to structural elements that are necessitated by the negligence or misconduct of Tenant, its employees, contractors, agents, subtenants, employees, customers and invitees. Section 10.2 If the Premises are sprinklered, Tenant shall be responsible, at Tenant’s sole cost and expense, for maintaining, in good order and repair and in compliance with all Laws, those elements of the sprinkler system within the Premises, including the parking area)repair and replacement of the sprinkler heads and pipes. Under this Lease “major maintenance” means work which Landlord normally does If the Premises are not sprinklered and a sprinkler system in the Premises is required under applicable Laws for Tenant’s Permitted Use or manner of use of the Premises, or Tenant’s Work requires the installation of a sprinkler system in the Premises, Tenant shall install such system as part of Tenant’s Work, at Tenant’s expense. Section 10.3 Subject to Articles 14 and 15 and Section 10.1: Tenant shall make, at Tenant’s sole expense, all repairs and replacements needed to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged order the Premises and all installations, equipment and facilities therein, and all repairs and replacements needed to any plumbing, water, waste, heating, ventilating and air conditioning units (normal wear “HVAC Units”), and tearelectric conduits, damage due lines and equipment located outside the Premises that serve only the Premises. Without limiting the foregoing, but subject to casualty or condemnation Articles 14 and 15 and Section 10.1, Tenant shall make all repairs and replacements required with respect to the HVAC Units, electrical and plumbing systems within the Premises and any condition in rooftop or exterior air conditioning equipment or HVAC Units serving only the Parking Lot not caused by Premises, any plumbing fixtures within the Premises (including sinks and toilets), and the plumbing lines, valves, and pipes connected to or running from such fixtures to the point at which such lines, valves and pipes connect with the Building’s common plumbing lines, including such plumbing lines or ducts connecting any roof-top or exterior equipment or HVAC Units or other utility or service to the Premises. Tenant or shall also make, at Tenant’s officersexpense, directorssuch repairs and replacements as are needed to keep the sidewalks and walkways abutting the Premises in good condition and order, and shall keep such sidewalks and walkways [and areas behind the Building to which Tenant has access] free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition. All such repairs and replacements shall be made in compliance with the provisions of this lease (including Article 5). Section 10.4 Tenant shall enter into and maintain, at Tenant’s expense, a service, maintenance and repair contract, in scope reasonably satisfactory to Landlord, with a Section 10.5 Subject to Section 13.4, Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days of being billed therefor, for all damage to the Building resulting from any act or omission of Tenant, ▇▇▇▇▇▇’s subtenants, or any of Tenant’s or subtenants’ employees, agents, employees, invitees or contractors. Section 10.6 Landlord shall have no liability to Tenant, licensees the Rent shall not be abated, and Tenant shall not be deemed actually or invitees excepted) constructively evicted by reason of Landlord performing any repairs or other work to all or any portion of the items listed below: Premises and/or the Real Property. Landlord Responsibilities: • Structural integrity shall endeavor to perform such repairs or other work in a manner that reasonably minimizes interference with the conduct of ▇▇▇▇▇▇’s business in the Premises and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Premises, Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Work and Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance includingProperty, but Landlord is not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesrequired to employ overtime labor or incur additional expenses.

Appears in 1 contract

Sources: Retail Lease

Repairs and Maintenance. Landlord will provide major maintenance a. Except for the Premises maintenance and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any repairs required of the items listed Landlord pursuant to paragraph 10(f-h) below: Landlord Responsibilities: • Structural integrity , Tenant shall maintain, replace, repair and keep all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior portions of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay and Property which include but are not limited to: • Lock changes • Access due to lock-outs • Replacement interior wall surfaces from the face of keys • Broken any wall studs inward, doors, door hardware, plumbing, electrical and mechanical equipment which exclusively serve the Building and Property) in good order, operating condition and repair. Tenant shall also maintain all Tenant signage, trade fixtures, improvements, and equipment in good order, operation, condition, and repair. Tenant will keep the Building and Property in a clean, sanitary and safe condition in accordance with all directions, rules and regulations of any health officers, building inspectors or other proper officers of the governmental agencies in the county in which theBuilding and Property is located; and such other local, state or federal governmental authorities with jurisdiction over the Building and Property (collectively, the “Governmental Authorities”). Tenant shall permit no injury to the Building and Property, and shall, at its own cost and expense, replace with glass of the same or better quality any damaged or broken glass, including plate glass or other breakable materials used in structural portions of any interior or exterior windows • Plugged drainsand doors on the Building and Property. b. Tenant shall dispose of all trash and waste materials in outside trash containers to be located in the designated trash areas or enclosures. Tenant shall flatten all boxes for dumping of trash. c. Tenant shall, toilets • Removal at its own cost and expense, replace any light bulbs, frames, ballasts, and accessory parts thereof on the Building and Property that may be broken or damaged during the Initial Lease Term and any renewal(s). d. Tenant shall, at its sole cost and expense, contract directly with a janitorial service provider of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction Tenant’s choice, to provide janitorial services for the Building only and Property at the hours and on the days required by Tenant. e. In addition to other rights and remedies available to Landlord pursuant to this Lease, if Tenant fails to perform Tenant’s obligations under this Article 10, Landlord may enter upon the Building and Property after forty-five (45) days’ prior written Notice to Tenant (except in the case of an emergency, in which case no Notice shall be required), perform such obligations on Tenant’s behalf, and put the Building and Property in good order, condition and repair, at Tenant’s expense. Notwithstanding the foregoing, in the event Tenant commences any repair or maintenance as interior trimrequired hereunder during said 45-day period, doorsbut is unable to complete the same using commercially reasonable efforts, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice permitted to complete such repair or maintenance so long as Tenant is diligently pursuing completion of the repairs same. f. Upon termination of the Lease, Tenant agrees to be madeleave the Building and Property in good condition and broom-clean, except in an emergency in which there is a threat of damage to property or personal injuryallowance being made for ordinary wear and tear. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning agrees that at the end of the Premises term of this Lease any improvements made by Tenant and not removed by Tenant within thirty (30) days of the later of: (i) the date this Lease terminates; and (ii) Tenant’s receipt of Notice from Landlord, shall become the property of Landlord and remain upon the Building and Property, subject to the terms of Exhibit D attached hereto. g. If Landlord, in Landlord’s sole discretion, should elect to alter or change the architectural design or appearance of the Building or Property or the design criteria for signage of the Building and Property, Landlord may, at Landlord’s cost and expense, remodel the storefront of the Building and Property and Landlord shall reimburse Tenant for the reasonable costs and expenses incurred by Tenant in the alteration of Tenant’s exterior signage so as to comply with the new architectural design or design criteria for signage. Notwithstanding the foregoing, any alteration or change to the architectural design or appearance of the Building and Property or the design criteria for signage shall not unreasonably interfere with Tenant’s operation of its business in the Building and Property or ingress and/or egress thereto. The Landlord agrees to work with the Tenant to put a plan in place before construction begins that will assure that Landlord will use it good faith best efforts to minimize the impact of the construction work on theBuilding and Property and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesTenant’s business.

Appears in 1 contract

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

Repairs and Maintenance. 19.1. Landlord will provide major maintenance for shall repair and maintain the Premises structural and exterior portions and Common Areas of the Building and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural componentsProject, including, without limitation, Building roofing and covering materials, foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixturesplumbing, fire alarmssprinkler systems (if any), heating, ventilating, air conditioning, elevators, and major electrical systems installed or furnished by Landlord. Subject to the provisions of Section 10.1(b), any costs related to the repair or maintenance activities specified in this Section 19.1 shall be included as a part of Operating Expenses, unless such repairs or maintenance is required in whole or in part because of any act, neglect, fault or omissions of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the cost of such repairs and fixtures • Heavy grounds labor such as shrub removalmaintenance. 19.2. Except for services of Landlord, sidewalk if any, required by Section 19.1, Tenant shall at Tenant’s sole cost and parking lot expense maintain and keep the Premises and every part thereof in good condition and repair, retaining walls damage thereto from ordinary wear and fencing • Sanitary sewer linestear excepted. Tenant shall, provided 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 excepted; and shall, at Landlord’s request, remove all telephone and data systems, wiring and equipment from the Premises installed by Tenant, and repair any damage to the lines Premises caused thereby. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. 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 Landlord discovers the need for such repair. 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 not caused by Tenant’s negligence obligations of Landlord are subject to allocation among Tenant and other tenants as Operating Expenses, except as otherwise provided in this Article 19 or willful misconduct • All subsurface conditions • Utility facilities Article 10. 19.5. This Article 19 relates to repairs and maintenance arising in the point ordinary course of connection at the interior operation of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for Project and any litter caused by invitees related facilities. In the event of Mars Hill on Sundays) • Repair fire, earthquake, flood, vandalism, war, terrorism, natural disaster or similar cause of landscape damage caused by Tenant or its operations • Interior construction for destruction, Article 25 shall apply in lieu of this Article 19. 19.6. If any excavation shall be made upon land adjacent to or under the Building only such as interior trimBuilding, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will shall be charged without first providing prior written notice to Tenant of the repairs authorized to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance includingafford to the person causing or authorized to cause such excavation, but not limited to: • All janitorial and general cleaning of license to enter the Premises for the purpose of performing such work as said person shall deem necessary or desirable to preserve and protect the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towelsBuilding from injury or damage and to support the same by proper foundations, toilet paper, without any claim for damages or liability against Landlord and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and supplieswithout reducing or otherwise affecting Tenant’s obligations under this Lease.

Appears in 1 contract

Sources: Lease (Daystar Technologies Inc)

Repairs and Maintenance. (a) Except for repairs and replacements that Tenant must make as set forth in this Section, Landlord will provide major 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 Premises maintenance, repairs and replacements of the Building following (which shall not be including the parking areain Operating Expenses). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has such repairs are not damaged (normal wear and tear, damage due to casualty the negligence or condemnation and any condition in the Parking Lot not caused by Tenant or neglect of Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted: (i) any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors (ii) foundation and hardware • Major 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 such as HVAC, plumbing and fixtures, fire alarms, system and major electrical plumbing repairs and fixtures • Heavy grounds labor such as shrub removalreplacements, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage but expressly limited to the lines are not caused by Tenant’s negligence five (5) years for all HVAC repairs and replacements. Any mechanical repairs arising out of Tenant installations or willful misconduct • All subsurface conditions • Utility facilities Tenant modifications to the point of connection at the interior of the Building Tenant will mechanical systems installed by Landlord shall be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement Tenant. 15.02 Tenant, at its sole cost and expense and throughout the term of keys • Broken windows • Plugged drainsthis Lease, toilets • Removal of trash from inside or outside 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 Parking Lot (except need for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring repairs and floor finishes, ceilings replacements necessary to keep and finishes • Any damage to maintain the Premises or equipment caused by a willful or negligent act of in good order and condition. Tenant. Landlord will not provide ’s obligations for repair and maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs Premises shall include any repair and maintenance work not specifically required to be made, except completed by Landlord as set forth in an emergency in which there is a threat of damage to property or personal injury. this Lease. 15.03 Tenant shall be responsible for minor maintenance includingthe following repairs and replacements, but not limited to: • All janitorial including capital replacements and general cleaning improvements, upon expiration of the Premises applicable warranty: (i) 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 Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towelsforegoing warranty periods, toilet paperLandlord shall have no obligation to repair the roof, HVAC, and 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 contract to Landlord. In the event Tenant fails to enter into an HVAC service contract as provided above within ninety (90) days of occupying the Premises, Landlord shall obtain a contract on behalf of Tenant that is consistent with Landlord’s other paper product dispensers • Supplying maintenance contracts for other of its tenants and installing replacement light bulbs • Supplying cleaning products shall ▇▇▇▇ Tenant directly for such contract. 15.04 Landlord shall have the right to inspect the Premises from time to time as it deems, in its sole opinion, necessary, and suppliesrequest 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 terms of this Lease. 15.05 In the event Tenant fails to perform, or diligently pursue to completion, its obligations under this section, Landlord may, after giving written notice and a cure period not to exceed thirty (30) days, perform on Tenant’s behalf and recover the reasonable out of pocket costs and expenses of said performance from Tenant upon demand and presentation of invoices representing the same. Any such amounts shall be considered Additional Rent hereunder.

Appears in 1 contract

Sources: Lease Agreement (Synchronoss Technologies Inc)

Repairs and Maintenance. Landlord will provide major maintenance for A. Subject to provisions of paragraph 15, Lessor shall keep and maintain the roof, paving, structural elements, landscaping, irrigation, and exterior walls of the building in which the Premises and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot are located in good condition order and has 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 (10) 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 damaged (normal wear and tearcurrently carry earthquake insurance. However, damage due Lessor reserves the right to casualty 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 condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directorsits agents, employees, agentsor invitees, contractors, licensees or invitees exceptedLessee shall pay to Lessor upon demand one hundred percent (100%) any of the items listed below: Landlord Responsibilities: • Structural integrity costs of such repair and all structural componentsmaintenance. SEE ADDENDUM #7 B. Except as expressly provided in Subparagraph A above, Lessee shall, at its sole cost, keep and maintain the entire Premises and every part thereof, including, without limitation, Building foundationsthe windows, footingswindow frames, roofplate glass, roof membrane • Exterior - sidingglazing, windowtruck doors, exterior wallsdoors, doors and hardware • Major mechanical such as HVACall door hardware, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged Premises, interior walls and partitions, and electrical, plumbing, lighting, heating, and air conditioning systems in good and sanitary order, condition, and repair. Lessee shall, at all times during the Lease term and at his expense, have in effect a service contract for repairs necessitated the maintenance of the heating, ventilating, and air-conditioning (HVAC) equipment with an HVAC repair and maintenance contractor approved by damage Lessor which provides for periodic inspection and servicing at least once every three (3) months during the term hereof. Lessee shall further provide Lessor with a copy of such contract and all periodic service reports. Should Lessee fail to maintain the Premises or make repairs required of Lessee hereunder forthwith upon notice from Lessor, Lessor, in addition to all other remedies available hereunder or by law, and without waiving any alternative remedies, may make the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staffsame, clientsand in that event, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction Lessee shall reimburse Lessor as additional rent for the Building only cost of such as interior trimmaintenance or repairs on the next date upon which rent becomes due. Lessee hereby expressly waives the provision of Subsection 1 of Section 1932, doors, hardware, wall finishes, flooring and floor finishes, ceilings Sections 1941 and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant 1942 of the Civil Code of California and all rights to make repairs to be madeat the expense of Lessor, except as provided in an emergency in which there is a threat Section 942 of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliessaid Civil Code.

Appears in 1 contract

Sources: Lease (SCM Microsystems Inc)

Repairs and Maintenance. 9.1 Landlord will provide major shall maintain and repair the foundation and exterior walls of the Premises at its own cost and expense, provided, however, that if any maintenance or repair work for the Premises foundation and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps exterior walls of the Premises and the Parking Lot in good condition and has not damaged (normal wear and tear, damage due to casualty is required as a result of any negligence or condemnation and any condition in the Parking Lot not caused by willful misconduct of Tenant or any of Tenant’s officers, directorsagents, employees, agentsshippers, customers, invitees or contractors, licensees or invitees excepted) any such work shall be at Tenant’s sole cost and expense. Tenant shall maintain and repair the exterior paint and roof of the items listed below: Premises. Landlord Responsibilities: • Structural integrity shall repair and replace the entire roof of the Building and shall provide Tenant with the benefit of at least a ten (10) year warranty for the new roof. To the extent that roof repairs are covered by the roof warranty, Tenant shall receive the benefit of such warranty. Further, Tenant shall maintain and repair the asphalt paving and the concrete paving of the Tenant Yard Area. Tenant shall keep all structural components, other portions and components of the Premises (including, without limitation, Building foundationsall plumb­ing, footingsHVAC systems, roofelectrical and lighting systems, roof membrane • Exterior - sidingceilings, windowplate glass and skylights) in working order, good condition and repair during the Lease Term and any Extended Term. Without limiting the generality of the foregoing, Tenant shall perform all maintenance detailed in Paragraph K (mechanical service controls) of the Performance Standards of ▇▇▇▇▇▇ Land Company attached hereto as Exhibit A. Tenant shall promptly replace any portion of the Premises or system or equipment in the Premises which cannot be repaired to its condition as of the Commencement Date hereof, regardless of whether the benefit of such replacement extends beyond the Lease Term or any Extended Term. Tenant shall maintain the Premises in an orderly and operative condition, ordinary wear and tear excepted (but provided that all components of the building shall at all times be kept in working order). Landlord shall maintain the exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarmslandscaping for the Premises in accordance with Landlord’s then-prevailing landscape maintenance standards, and major electrical the amount by which the cost of such landscape maintenance work exceeds the Annual Landscape Base Amount of Twenty Six Thousand One Hundred Ninety Six and fixtures • Heavy grounds labor 00/100ths Dollars ($26,196.00) shall be paid by Tenant to Landlord as additional rent. Such payments shall be made by Tenant within ten (10) days following Tenant’s receipt of an invoice from Landlord. Tenant waives the provisions of any law permitting Tenant to make repairs at Landlord’s expense. 9.2 All of Tenant’s obligations to maintain and repair the Premises shall be accomplished at Tenant’s sole expense. If Tenant fails to maintain and repair the Premises, Landlord may, at its election, notify Tenant of Tenant’s obligation to undertake such repair and maintenance work. If Tenant fails to commence such work within fourteen (14) days of receipt of such notice Landlord may enter the Premises and perform any such work on behalf of Tenant. In the event of an emergency Landlord may enter the Premises and perform such repair and maintenance on behalf of Tenant. In any such case, Tenant shall reimburse Landlord for all reasonable costs so incurred immediately upon demand, together with interest thereon at the “Lease Interest Rate” (as shrub removaldefined in Paragraph 26.25, sidewalk below). Landlord’s right to perform maintenance and parking lot repair work pursuant to this Paragraph 9.2 shall not be deemed to create any obligation on the part of Landlord to do so, and shall not in any way limit Landlord’s remedies under this Lease. Any design or construction work undertaken by or at the direction of Tenant which affects the Premises or any improvements constituting a part of the Premises (including, without limitation, any repair work, maintenance work, tenant improvement work or restoration work) shall be performed by duly qualified and properly licensed and insured design professionals or contractors (as the case may be) reasonably satisfactory to Landlord. Tenant shall submit the names of any such design professionals and contractors to Landlord prior to the commencement of any construction work on the Premises. If Landlord, acting reasonably and in good faith, disapproves of any design professional or contractor selected by Tenant, Tenant shall select a new design professional or contractor reasonably satisfactory to Landlord. 9.3 Upon the expiration or sooner termination of this Lease, Tenant shall surrender the Premises to Landlord, broom clean and in the same condition as received, except for ordinary wear and tear which Tenant is not otherwise obligated to remedy under any provision of this Lease. Any damage to, or deterioration of, the Premises shall be deemed not to be ordinary wear and tear if the same could have been prevented by good maintenance practices. In addition, Landlord may require Tenant to remove any alterations, additions or improvements to the Premises (whether or not made with Landlord’s consent) prior to the termination of the Lease and to restore the Premises to its prior condition, or Landlord may perform such removals and restorations itself, all at Tenant’s expense. All alterations, additions and improvements which Landlord has not required Tenant to remove or which Tenant has not elected to remove, as provided herein, shall become Landlord’s property and shall be surrendered to Landlord upon the expiration or sooner termination of the Lease, except that Tenant may remove any of Tenant’s machinery or equipment which can be removed without damage to the Premises. If, whether in violation of this Lease or pursuant to Landlord’s permission (which may be granted or withheld in Landlord’s sole and absolute discretion), Tenant installs any “Underground Storage Tanks” (as defined herein) on the Premises, Tenant shall, at its sole cost and expense, remove any such Underground Storage Tanks immediately upon the request of Landlord, the expiration or sooner termination of this Lease, or the order of any governmental authority, whichever occurs first. Notwithstanding any provisions of this Lease to the contrary, such Underground Storage Tanks shall at all times be and remain the property of Tenant. As used herein, the term “Underground Storage Tank” means any one or combination of tanks, including all pipes, sumps, valves and other equipment connected thereto, which are used for the storage of petroleum products, hydrocarbon substances or fractions thereof, or other Hazardous Materials, and which are located wholly or partially beneath the surface of the ground. Tenant shall repair, retaining walls and fencing • Sanitary sewer linesat Tenant’s expense, provided any damage to the lines are not Premises caused by Tenant’s negligence the removal of any such machinery or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesequipment.

Appears in 1 contract

Sources: Lease (Hansen Natural Corp)

Repairs and Maintenance. ‌ 7.1 Landlord will provide major maintenance for agrees, at its own cost and expense as part of its Rent, to keep the Premises Premises, each and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good every part thereof, and habitable condition including the following, provided Tenant keeps the Premises any and the Parking Lot all appurtenances in good condition and has not damaged (normal repair during the term of this Agreement, and to make all repairs to, or replacements of, the Premises and appurtenances to the Premises. ▇▇▇▇ agrees to surrender the Premises at the termination of this Agreement in good condition, ordinary wear and teartear excepted. City shall maintain all portions of the Premises and adjoining areas in a clean and orderly condition, free of dirt, rubbish, debris, and unlawful obstructions. Landlord shall not be required to furnish any services or facilities or make any repair or alteration in or otherwise maintain the Premises or adjoining areas. 7.2 City agrees to keep all of the Premises, including without limitation, the site improvements, parking lots and lighting, landscaping, HVAC system, foundation, roof, exterior walls, doors, window casements, glazing, floors, ceilings, carpets, interior plumbing, interior pipes, electrical wiring, the interior of the Facility, the improvements located therein, and the interior walls and interior decorating in good condition and repair and in at least comparable quality to the original installation with respect to materials, equipment and other conditions, reasonable wear and tear excepted. City agrees to repair or pay for the repair of any damage due using at least comparable materials to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or TenantPremises resulting from the acts of City, City’s officers, directors, employees, agents, contractorsrepresentatives, licensees or invitees excepted) vendors and invitees, with City’s expenses of such repairs assessable to any of the items listed below: Landlord Responsibilities: • Structural integrity applicable insurance policies. City shall also be responsible to pay all janitorial and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage cleaning costs to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to keep the Premises or the Parking Lot or loss clean and free of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenantsdebris. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance If repairs for which Tenant will be charged without first providing prior the City is responsible are not completed with twenty (20) days after City has received written notice from Landlord of such state of disrepair, or if such repairs cannot reasonably be completed within such twenty (20) day period and City shall fail to Tenant of the commence such repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and supplies.within twenty

Appears in 1 contract

Sources: Community Center Operations Agreement

Repairs and Maintenance. (a) Unless otherwise stated herein, Tenant shall, at its cost and expense, keep the Premises, including the interior and exterior of the buildings erected thereon and facilities located therein, in their current condition and repair as of the Commencement Date, excepting reasonable wear and tear, and shall at its cost and expense maintain all portions of the Premises in a clean, safe and orderly condition, free of unlawful obstructions. The Tenant's covenant to repair and maintain shall not require the Tenant to put the Premises in a better state of repair than the Premises are in as of Commencement Date. (b) Landlord will provide major maintenance shall, at its sole cost and expense, subject to terms of Article 2 above, be responsible for the Premises following repairs and replacements with respect to the Building Premises: (i) reasonable care of landscaping, regular mowing of grass, and maintenance of the access road and parking area, including snow removal; (ii) repair and replacement of lights and light systems, data and phone lines; (iii) the making of all structural repairs, including repairs to the foundation, footings, floor, floor slabs, ceiling, ceiling slabs, roof, roof membrane, masonry wall, curtain wall, bearing walls, exterior glass and mullions, columns, beams, and shafts (including elevator shafts, if any), and garage doors; (iv) replacement of or repairs to the parking area). Under this Lease “major maintenance” means work which heating and cooling, electrical, and plumbing systems. (c) Notwithstanding the foregoing, Landlord normally does shall make repairs and replacements to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps following items with respect to the Premises and as are reasonably necessary to keep the Parking Lot same in good condition and has not damaged repair: (normal wear i) bus lifts; (ii) parking lots; (iii) electronic gates; (iv) fluid clean-up; (v) bus fueling system; and, (vi) fuel storage tanks (the “Excluded Repairs”). Landlord shall pay the costs and tear, damage due to casualty or condemnation and any condition expenses of the Excluded Repairs in the Parking Lot first instance. Tenant shall reimburse Landlord for eighty percent (80%) of the costs and expenses incurred by Landlord with respect to the Excluded Repairs within thirty (30) days of receipt of an invoice therefor, all of which shall be paid as and for Additional Rent. (d) Notwithstanding anything in this Lease to the contrary, Landlord shall not caused by be obligated to make or pay for any such repairs to the Premises rendered necessary as a result of the negligence or intentional acts or omissions of Tenant or Tenant’s officers, directorsany of its servants, employees, agents, contractors, licensees or invitees excepted) any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example customers, all of which repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused replacements shall performed by Tenant or at its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring sole cost and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesexpense.

Appears in 1 contract

Sources: Lease Agreement

Repairs and Maintenance. a. Landlord will provide major maintenance for agrees, at its expense, to keep the Premises and following portions of the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear repair: the foundations, the structural portion of the exterior walls, the roof, and tearthe electrical, damage due to casualty or condemnation water, sewer, and any condition gas lines located in the Parking Lot Building, but outside of the Leased Premises, and used in common with other tenants. Landlord shall not be obligated to make any repairs until it has had reasonable opportunity to have same repaired after being notified in writing of the need of same by Tenant. In no way shall Landlord be required to make any repairs and maintenance where such repairs and maintenance are occasioned by Tenant’s negligence. Landlord shall not be liable to Tenant for any damage to merchandise, trade fixtures, inventory, work in process or personal property of Tenant in the Leased Premises caused by water leakage from roof, water lines, sprinkler or hearting and air conditioning equipment. b. Subject to the obligation of Landlord set forth in Section 9(a), Tenant or agrees, at Tenant’s officersexpense, directorsto keep the Leased Premises in good condition and repair, employeesclean, agents, contractors, licensees or invitees excepted) any of the items listed below: Landlord Responsibilities: • Structural integrity sanitary and all structural componentssafe, including, without limitation: the HVAC, Building foundationsplumbing, footingsand electrical systems and facilities (including, roofwithout limitation, any such systems or facilities which are outside of the Leased Premises (such as on the roof membrane • Exterior - sidingof the building) but service only the Leased Premises, windowother building equipment, exterior wallsfixtures, any property of Landlord that may be classified as personal property, and doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage windows (including all plate glass). Tenant agrees to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at paint the interior of the Building Leased Premises when, in Tenant’s reasonable discretion, such painting shall be necessary, in order to maintain at all times a clean and sightly appearance. If Tenant will be charged for refuses or neglects to make repairs necessitated by damage to and/or maintain the Leased Premises or any part thereof, in a manner reasonably satisfactory to Landlord, Landlord shall have the Parking Lot right, upon giving Tenant reasonable written notice of its election to do so, to make such repairs or loss perform such maintenance on behalf of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act account of Tenant. In such event, such work shall be paid for by Tenant as additional rental promptly upon receipt of a ▇▇▇▇ therefore. c. Upon execution of this lease agreement, the Landlord will not provide maintenance repairs for which and the Tenant will be charged without first providing prior written notice shall coordinate a mutually acceptable schedule to Tenant have the paint the office area of the repairs to be madeleased space, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of at the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesLandlord’s expense.

Appears in 1 contract

Sources: Lease Agreement (Volu-Sol Reagents CORP)

Repairs and Maintenance. Landlord will provide major maintenance for (a) Tenant shall, at Tenant's sole expense, keep and maintain the Premises, including without limitation, interior walls, heating, ventilation and air conditioning systems, operating systems, sidewalks, parking lots, fire sprinklers, alarms, all windows (interior and exterior), window frames, plate glass and glazing, truck doors, plumbing systems (such as water and drain lines, sinks, toilets, faucets, drains, showers and water fountains), electrical systems (such as panels, conduits, outlets, lighting fixtures, lamps, bulbs, tubes and ballasts), heating and air conditioning systems (such as compressors, fans, air handlers, ducts, mixing boxes, thermostats, time clocks, boilers, heaters, supply and return grills), interior surfaces of the Premises, store fronts, down mechanisms, latches, locks, skylights (if any), fire extinguishing systems and equipment, and all other interior improvements of any nature whatsoever, all exterior improvements including but not limited to sidewalks, driveways, parking lots, landscaping areas, sprinkler systems, lighting, signs, fountains, waterways, drains and landscaping that are part of or adjoin the Premises in good and clean condition and repair, including without limitation replacements as needed thereof, and to deliver to Landlord physical possession of the Building (including Premises at the parking area). Under termination of this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the followingor any sooner expiration thereof, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal repair, reasonable wear and teartear excepted. All repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality. If the work affects the structural elements of the Premises or if the estimated cost of any item of repair or replacement is in excess of Five Thousand Dollars ($5,000.00), damage due Tenant shall first obtain Landlord's written approval of the scope of the work, the plans for the work, the materials to casualty be used, and the contractor hired to perform the work. In the event any of the above maintenance responsibilities jointly apply to Tenant and other tenant(s) of Landlord where there is common usage with other tenant(s), such maintenance responsibilities and charges shall be performed by Landlord and Tenant shall reimburse Landlord as additional rent the cost of such maintenance responsibilities and charges as allocated to the Premises by square footage or condemnation other equitable basis as calculated and determined by Landlord. In the event that any repair or replacement shall be of a capital nature, Landlord agrees to pay fo▇ ▇▇▇▇ ▇epair or replacement provided that Tenant shall reimburse Landlord, as Operating Expenses, a portion of the cost of such repair or replacement based upon the amortization of such repair or replacement over such item's useful life as determined under generally accepted accounting standards. In the event that the repair or replacement of such item benefits other tenants in the Building, such amortization shall be shared on a pro-rata basis with such other tenant(s) on a basis reasonably determined by Landlord. (b) Tenant shall maintain continuously throughout the term of the Lease a service contract for the washing of all windows, both interior and exterior surfaces, in the Premises; the contract should provide for the periodic washing of all windows at least once every ninety (90) days during the term of the Lease (the "Window Washing Contract"). (c) Tenant shall maintain continuously throughout the term of the Lease a service contract for the maintenance of all heating, air conditioning, and ventilation equipment with a licensed repair and maintenance contractor approved by Landlord; the contract should provide for periodic inspections and servicing of the heating, air conditioning, and ventilation equipment at least once every ninety (90) days during the term of the Lease (the "HVAC Contract"). (d) Tenant shall maintain continuously throughout the term of the Lease a service contract for the monitoring of fire sprinklers and alarms located on or about the Premises with a licensed service, which contract shall, inter alia, provide for the periodic testing and if necessary replacement of the fire sprinklers and alarms located on or about the Premises (the "Life Safety Contract"). (e) Within ten (10) days of the Delivery Date, Tenant shall provide copies of the Window Washing Contract, the HVAC Contract and the Life Safety Contract to Landlord. (f) If at any time during the Term, including renewals or extensions thereof, Tenant fails to maintain the Premises, make any repairs or replacements as required by this Section or maintain service contracts required by this Section, Landlord shall have the right to, but shall not be required to, enter the Premises and perform the maintenance or make the repairs or replacements or enter into appropriate service contracts, as the case may be, all for the account of Tenant and any sums expended by Landlord in so doing, together with interest at the lesser of ten percent (10%) per annum or the highest rate allowed by law, shall be deemed additional rent and shall be immediately due from Tenant on demand of Landlord. (g) Tenant waives the provisions of Civil Code ss.ss. 1941 and 1942 and ▇▇▇ ▇ther law that would require Landlord to maintain the Premises in a tenantable condition in or would provide Tenant with the Parking Lot right to make repairs and deduct the cost of those repairs from the rent. (h) Landlord shall, at its sole expense, maintain and, as necessary, repair the Building foundation, the exterior walls, the roof, the roof membrane and other structural elements of the Premises; provided however that Landlord shall not be responsible for any repairs to or maintenance to the building foundation, exterior walls or roof structure caused by or resulting from the actions of Tenant or any of Tenant’s officers, directors's contractors, employees, agents, contractors, licensees or invitees excepted) any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractorslicensees, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injuryagents. Tenant agrees that it shall be responsible for minor and shall promptly repair or replace, as necessary, any part or portion of the building foundation, the exterior walls and the roof structure of the Premises; which repair or maintenance includingarises out of or results from the actions of Tenant or any of Tenant's contractors, but not limited to: • All janitorial employees, licensees, invitees or agents. (i) Landlord shall keep and general cleaning maintain the exterior of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paperall grounds and landscaping in good condition, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesrepair (collectively "Exterior Maintenance"). Within ten (10) business days after receipt of an invoice from Landlord, Tenant shall, as additional rent, reimburse Landlord for all costs incurred by Landlord in such Exterior Maintenance.

Appears in 1 contract

Sources: Office Lease (Regan Holding Corp)

Repairs and Maintenance. Landlord will provide major maintenance for Tenant, at its sole cost and expense, shall maintain the Demised Premises and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good each part thereof, structural and habitable condition including the followingnon-structural, provided Tenant keeps the Premises and the Parking Lot in good order and condition and, subject to the terms and conditions of Article VI, if and as applicable, shall make any necessary Repairs thereto, interior and exterior, whether extraordinary, foreseen or unforeseen. When used in this Article VII, the term "Repairs" shall include all such replacements, renewals, alterations, additions and betterments necessary for Tenant to properly maintain the Demised Premises in good order and condition and has not damaged in compliance with all applicable laws. The necessity for, and adequacy of, any and all Repairs to the Demised Premises required or conducted pursuant to this Article VII shall be measured by and meet, at a minimum, all of the following standards: (normal wear 1) at least equal in quality and tear, damage due class to casualty or condemnation the condition of the Demised Premises prior to the need for such Repairs; (2) at least equal in quality and any class to the condition of buildings and related facilities of similar construction and class in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any general geographic area of the items listed below: Landlord Responsibilities: • Structural integrity Demised Premises are generally maintained; (3) subject to the terms and conditions of Article VI, avoidance of any and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage or injury to the lines are not caused Building or persons therein; (4) any and all maintenance, service, operation and repair standards and requirements set forth by Tenant’s negligence Tenant for its (or willful misconduct • All subsurface conditions • Utility facilities its subsidiaries' or affiliates') restaurants; (5) any and all repairs, replacements or upgrades necessary to ensure compliance with the point rules and regulations of connection all governmental agencies, including all Environmental Laws (as defined below); and (6) no mold which inhibits or impairs the intended use of the Demised Premises shall be permitted to remain unabated at the interior Demised Premises. Landlord shall have no duty whatsoever to maintain, replace, upgrade, or repair any portion of the Building Demised Premises. If Tenant will fails or neglects to make all necessary Repairs or fulfill its other obligations as set forth above, then Landlord or its agents may enter the Demised Premises for the purpose of making such Repairs or fulfilling those obligations. All costs and expenses incurred as a consequence of Landlord's action shall be charged for repairs necessitated paid by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are Landlord as Additional Rent within fifteen (15) days after Landlord delivers to Tenant copies of invoices for such Repairs or other obligations. These invoices shall be prima facie evidence of the payment of the charges to be paid by Landlord. Except in the case of emergency, Landlord shall refrain from taking any such action unless Tenant has not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside commenced and diligently pursued making such repairs or outside the Premises and the Parking Lot fulfilling such obligations within thirty (except for any litter caused by invitees of Mars Hill on Sundays30) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. days after Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior delivers written notice to Tenant of the repairs proposed actions to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliestaken by Landlord.

Appears in 1 contract

Sources: Land and Building Lease (Shells Seafood Restaurants Inc)

Repairs and Maintenance. Landlord will provide major maintenance 9.1 Landlord, at its sole cost and expense, shall be responsible for the Premises repair, maintenance and, if necessary, replacement of the structural elements, the roof structure, foundation and the structural integrity of floor slabs of Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following6, provided that Tenant keeps shall pay for the Premises and cost of any such repairs to the Parking Lot in good condition and has not damaged (normal wear and tearextent occasioned by the negligent act, damage due to casualty omission or condemnation and any condition in the Parking Lot not caused by Tenant or willful misconduct of Tenant’s officers, directorsits agents, employees, agents, contractorsinvitees, licensees or invitees excepted) contractors, or by the construction of Tenant Improvements by Tenant, but only to the extent such cost is in excess of any proceeds received by Landlord from the insurance for Building 6 maintained by Landlord pursuant to Section 14.2. 9.2 Subject to reimbursement by Tenant as provided in Article 10 hereof, Landlord shall keep and maintain in good repair (including replacement as necessary), the roof covering and the exterior surfaces of the items listed below: Landlord Responsibilities: • Structural integrity exterior walls and window frames of Building 6 (exclusive of doors, door frames, door checks and other entrances and windows), all Outdoor Areas (defined in Section 10.1) on Parcel 6, all Shared Areas (as defined in the Declaration) for the use of Parcel 6 and all structural componentssystems (including sewer, includinggas, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer water lines, provided any damage to ) serving the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities Premises to the point of connection at the interior to Building 6. Tenant shall give Landlord prompt written notice of the Building Tenant will be charged for repairs necessitated by any damage to the Premises or requiring repair by Landlord. 9.3 Except to the Parking Lot or loss extent of equipment caused by willful or negligent acts of TenantLandlord’s staffobligations provided in Sections 9.1 and 9.2 hereof, clientsTenant shall, agentsat its expense, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside keep and maintain the Premises and every part thereof in good order, condition and repair, including, without limiting the Parking Lot (except generality of the foregoing, all equipment or facilities specifically serving the Premises, such as plumbing, heating, air conditioning, ventilating, electrical, lighting facilities, boilers, fired or unfired pressure vessels, fire hose connections if within the Premises, fixtures, interior walls, interior surfaces of exterior walls, ceilings, floors, windows, doors, plate glass, and skylights. Notwithstanding the foregoing, Tenant shall not be required to make any such repairs to the extent occasioned by the negligent act or omission or willful misconduct of Landlord, its agents, employees, or contractors. Tenant shall keep its sewers and drains open and clear to the perimeter of the Premises, and shall keep the hallways and/or sidewalks and common areas adjacent to the Premises clean and free of debris created by Tenant. Tenant shall reimburse Landlord on demand for any litter caused by invitees the cost of Mars Hill on Sundays) • Repair of landscape damage to the Premises, Building 6 or Landlord’s Parcels caused by Tenant or its operations • Interior construction employees, agents, customers, suppliers, shippers, contractors, or invitees which is in excess of any proceeds received by Landlord from the insurance for Building 6 maintained by Landlord pursuant to Section 14.2. If Tenant shall fail to comply with the foregoing requirements within ten (10) days after notice from Landlord, Landlord may (but shall not be obligated to) effect such maintenance and repair, and the cost thereof together with interest thereon at the Interest Rate (defined below) shall be due and payable as Additional Rent to Landlord within thirty (30) days following receipt of Landlord’s written statement of such costs. 9.4 Tenant in keeping the Premises in good order, condition, and repair shall exercise and perform good maintenance practices including obtaining, at its expense, a contract for the Building only such as interior trimrepair and maintenance of the air conditioning and heating system, doorsif any, hardwareexclusively serving the Premises and provide Landlord with a copy of said contract within thirty (30) days after Tenant takes possession of the Premises. The contract shall be for the benefit of Landlord and Tenant and in a form and placed with a licensed contractor satisfactory to Landlord. Tenant obligations shall include restorations, wall finishesreplacements or renewals when necessary to keep the Premises and all improvements thereon or a part thereof in good order, flooring condition and floor finishesstate of repair, ceilings and finishes • Any damage except the extent of Landlord’s obligations expressly set forth in this Lease. 9.5 Tenant shall not make any exterior or structural alterations, changes or improvements in or to the Premises or equipment caused material modifications to any of the Base Building operating systems within the Premises without first obtaining Landlord’s prior written consent (which may be withheld by a willful Landlord in its sole discretion as to exterior alterations, and which shall not be unreasonably withheld or negligent act delayed with respect to structural or Base Building system modifications), and all of the same shall be at Tenant’s sole cost. Landlord’s consent shall not be required for any interior cosmetic alterations or alterations not affecting Base Building exterior, structure or systems as referenced above, or for any alterations, changes, replacements or improvements to any interior nonstructural Special Tenant Improvements or any other elements of Tenant’s Work; provided that Tenant shall obtain required permits and comply with all other Legal Requirements and all requirements of Article 8 and Exhibit C regarding construction by Tenant and shall notify Landlord not less than ten (10) days prior to commencing any such alterations to give Landlord an opportunity to post a notice of non-responsibility. Landlord will may impose as a condition of its consent (when required) such requirements as Landlord, in its reasonable discretion, may deem necessary, including but not provide maintenance repairs limited to, the requirement that Tenant utilize for such purposes only contractors, materials, mechanics and materialmen approved by Landlord, and that good and sufficient plans and specifications be submitted to Landlord at such times as its consent is requested. Further, Landlord’s consent to any alteration which Tenant will be charged without first providing prior proposes to make after the Commencement Date shall designate by written notice to Tenant any of the repairs alterations, additions and improvements (collectively, “Alterations”) which Landlord will require Tenant to remove at the expiration or termination of the Lease and those Alterations (if any) which Tenant is not permitted to remove. If Landlord so designates, Tenant shall prior to the expiration of the Term promptly remove the Alterations designated to be maderemoved and repair all damage caused by such removal at its cost and with all due diligence, except in an emergency in and shall surrender the Premises with all Alterations which there Tenant is required to leave. Unless Landlord designates as a threat of damage condition to property granting its consent to any Alterations that removal by Tenant is required or personal injury. prohibited, Tenant shall be responsible for minor maintenance includinghave the right, but not limited to: • All janitorial the obligation to remove from the Premises the Alterations for which consent was obtained so long as Tenant promptly repairs any damage resulting from such removal. Except as otherwise expressly provided herein, all Alterations made by Tenant (specifically excluding Tenant’s furniture, trade fixtures and general cleaning equipment) shall become the property of Landlord and a part of the Premises realty and shall be surrendered to Landlord upon the Parking Lot • Vacuuming/mopping • Emptying expiration or sooner termination of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesthe Term hereof.

Appears in 1 contract

Sources: Lease Agreement (Formfactor Inc)

Repairs and Maintenance. 17.01. Upon substantial completion of Landlord's Work, Tenant and Landlord will provide major maintenance shall have a "walk through" of the Demised Premises to confirm that Landlord's Work has been substantially completed in accordance with Exhibit C. Tenant shall, throughout the Term, take good care of the Demised Premises, the fixtures and appurtenances therein, and shall not do, suffer, or permit any waste with respect thereto. Except as provided for in Paragraph 17.02, Tenant shall be responsible for all repairs, interior and exterior, structural and nonstructural, ordinary and extraordinary, in and to the Premises Demised Premises, the Building and the Building Land (including the parking areafacilities and systems thereof). Under this Lease “major maintenance” means work which Landlord normally does to In addition, Tenant shall keep and maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any all interior portions of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, Demised Premises including, without limitation, Building foundationsall building equipment, footingswindows, roofdoors, roof membrane • Exterior - siding, window, exterior walls, loading bay doors and hardware • Major mechanical such as HVACshelters, plumbing and fixtureselectrical systems, fire alarmsheating, ventilating and major electrical air conditioning ("HVAC") systems in a clean and fixtures • Heavy grounds labor such orderly condition. The phrase "keep and maintain" as shrub removalused herein includes repairs, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to replacement and/or restoration as appropriate. Tenant shall paint the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior exterior of the Building during the first year of each Extended Period (as hereinafter defined). Tenant will be charged for shall also remove all debris from the roof and gutters two (2) times per year during the months of November and March. Provided Tenant complies with such obligation, all repairs necessitated by damage to the Premises roof shall be Landlord's responsibility. Should any roof failure not be corrected by Landlord within ten (10) business days of receipt of written notice from Tenant, notifying Landlord of such failure, Tenant shall have the right to undertake such repairs, at Landlord's expense, provided such repair work is undertaking in compliance with any applicable guaranties. Tenant shall not permit or suffer the Parking Lot or loss over-loading of equipment caused by willful or negligent acts the floors of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot beyond Two Hundred Fifty (except for any litter caused by invitees of Mars Hill on Sundays250) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injurypounds per square foot. Tenant shall promptly replace all scratched, damaged or broken doors and glass in and about the Demised Premises and shall be responsible for minor all repairs, maintenance and replacement of wall and floor coverings in the Demised Premises and for the repair and maintenance of all sanitary and electrical fixtures and equipment therein. Tenant shall promptly make all repairs in or to the Demised Premises for which Tenant is responsible, and any repairs required to be made by Tenant to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other systems of the Building shall be performed by contractor(s) designated by Landlord or by Tenant's own duly qualified technicians. All work shall be completed in a good and workmanlike manner in compliance with all Legal Requirements. Any other repairs in or to the Building and the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant's expense; but Landlord may, at its option, before commencing any such work or at any time thereafter, require Tenant to furnish to Landlord such security, in form (including, but not limited to: • All janitorial without limitation, a bond issued by a corporate surety licensed to do business in New Jersey) and general cleaning amount, as Landlord shall deem necessary to assure the payment for such work by Tenant. 17.02. Landlord shall only be responsible for repairs to the structural integrity of the Premises Building to include walls, floors, roof, beams and supports. Additionally, Landlord shall repair the Parking Lot • Vacuuming/mopping • Emptying parking area and guarantees such work for the initial term of trash baskets • Refilling paper towelsthe Lease. Thereafter, toilet paperall repairs to the parking area, excluding any resurfacing, shall be Tenant's responsibility. Tenant shall also be responsible for any repair required as a result of the negligent actions of Tenant or its agents, employees, guests and other paper product dispensers • Supplying invitees. 17.03. Except as otherwise expressly provided in this Lease, Landlord shall have no liability to Tenant, nor shall Tenant's covenants and installing replacement light bulbs • Supplying cleaning products and suppliesobligations under this Lease be reduced or abated in any manner whatsoever, by reason of any reasonable inconvenience, annoyance, interruption or injury to business arising from Landlord's doing any repairs, maintenance or changes which Landlord is required or permitted by this Lease, or required by Law, to make in or to any portion of the Building.

Appears in 1 contract

Sources: Lease Agreement (Styrochem International LTD)

Repairs and Maintenance. 18.1 Landlord will provide major maintenance for shall, throughout the Premises term of this Lease, at its own cost and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does expense, and without any cost or expense to Tenant, keep and maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal repair the structural components of the footings, foundation, bottom floor slab, and load bearing walls of the Premises, subject to wear and teartear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings. In addition, damage due Landlord shall, at its own cost and expense, and without any cost or expense to casualty Tenant, promptly repair any patent or condemnation and any condition latent defects in the Parking Lot not caused design, materials or construction of the work required of Landlord to the extent of Landlord’s warranties in Section 14.2. 18.2 Except as otherwise set forth in Section 7.2(n) and 18.1, Landlord shall, throughout the term of this Lease, subject to reimbursement by Tenant as Operating Expenses under Section 7.1 and without any cost or Tenant’s officersexpense to Landlord, directorskeep and maintain in good, employeessanitary and neat order, agentscondition, contractorsand repair, licensees the Premises and every part thereof (subject to wear and tear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings), including structural and capital improvements, all improvements, fixtures, equipment and personal property built or invitees excepted) any of installed in the items listed below: Landlord Responsibilities: • Structural integrity Premises, and all structural componentsappurtenances thereto, includingincluding but not limited to sidewalks, without limitationparking areas, Building foundationscurbs, footingsroads, roofdriveways, roof membrane • Exterior - sidinglighting standards, windowlandscaping, exterior wallssewers, doors water, gas and hardware • Major mechanical such as HVACelectrical distribution systems and facilities, plumbing and fixtures, fire alarmsdrainage facilities, and major electrical all signs, both illuminated and fixtures • Heavy grounds labor such as shrub removalnon-illuminated that are now or hereafter on the Premises. Without in any way limiting the foregoing, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to Landlord shall maintain the lines designating the parking spaces in good condition and paint the same as often as may be necessary, so that they are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities easily discernable at all times; resurface the parking areas as necessary to the point of connection at the interior maintain it in good condition; paint any exterior portions of the Building as necessary to maintain them in good condition; and maintain the roof in good condition. 18.3 Tenant will be charged for repairs necessitated by damage shall maintain sightly screens, barricades or enclosures around any waste or storage areas. 18.4 Tenant hereby waives Civil Code Sections 1941 and 1942 relating to a landlord’s duty to maintain the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by in a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet papertenantable condition, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesunder said sections or under any law, statute or ordinance now or hereafter in effect to make repairs at Landlord’s expense.

Appears in 1 contract

Sources: Sublease (Salmedix Inc)

Repairs and Maintenance. 9.1. Landlord will provide major shall, throughout the Term, and at its expense, make all necessary repairs to the exterior walls or foundations and footings and to the roof of the Building, after being notified in writing by Tenant of the need for such repairs (and shall respond as promptly as reasonably possible in the case of emergencies); provided, however, that in the event the repairs required are necessitated as a result of the negligence or misuse by Tenant, its agents, servants, employees, licensees or guests, or by any contractor engaged by or on behalf of Tenant, such maintenance and repairs shall be at the sole cost and expense of Tenant, and Tenant shall reimburse Landlord within ten (10) days after written demand therefore for any expenses incurred by Landlord in connection therewith. 9.2. Tenant shall, throughout the Term and at its expense, 9.2.1. take good care of the Building, the rest of the Improvements, the Building Equipment and the rest of the Promises and keep them in good order and condition (including but not limited to mowing lawn upon the Premises and trimming and otherwise caring for any trees, shrubbery or other landscaping thereon, on a regular basis, and keeping the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities Premises in a good clean and habitable condition including the followingorderly condition, provided Tenant keeps free of accumulation of dirt and rubbish), clearing of all ice and snow from the Premises and maintenance and repair of all driveways, walkways, curbs, gutters, lighting systems and security systems and fencing; and 9.2.2. promptly make all repairs to the Parking Lot in good condition and has not damaged (normal wear and tearBuilding, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any rest of the items listed below: Landlord Responsibilities: • Structural integrity Improvements, the Building Equipment and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior rest of the Building Tenant will be charged for repairs necessitated by damage Premises needed to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lockmaintain them in a first-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot class condition (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, including but not limited to: • All janitorial to any and general cleaning of all such repairs to the plumbing, heating, ventilating, air-conditioning, electrical and other systems on the Premises for the furnishing of any Utility Service to the Premises). 9.3. In the event that Landlord shall fail to maintain or repair the Premises as required hereunder and shall not cure the Parking Lot • Vacuuming/mopping • Emptying same within ten (10) days after written notice from Tenant of trash baskets • Refilling paper towelsLandlord's failure to do so, toilet paperor such longer period as may be necessary in the event that the same cannot reasonably be accomplished within said ten (10) day period provided Landlord commences to take such action and thereafter diligently completes the same within such period as is reasonable under the circumstances, Tenant shall have the right to undertake and other paper product dispensers • Supplying complete said work and installing replacement light bulbs • Supplying cleaning products and suppliesmay maintain a separate action against the Landlord to recover from Landlord the reasonable costs thereof incurred by Tenant should the obligation have been Landlord's in the first instance.

Appears in 1 contract

Sources: Lease (Denali Inc)

Repairs and Maintenance. Landlord will provide major maintenance for 10.1 Tenant’s Care of the Premises and Building. During the Term Tenant shall: 10.1.1 keep the Premises and the fixtures, appurtenances and improvements therein in good order and condition; 10.1.2 make repairs and replacements to the Premises required because of Tenant’s misuse or primary negligence, except to the extent that the repairs or replacements are covered by Landlord’s insurance as required hereunder; 10.1.3 repair and replace special equipment or decorative treatments installed by or at Tenant’s request and that serve the Premises only, except to the extent the repairs or replacements are needed because of Landlord’s misuse or primary negligence, and are not covered by Tenant’s insurance as required hereunder; 10.1.4 pay for all damage to the Building, its fixtures and appurtenances, as well as all damages sustained by Tenant or the Building (including due to any waste, misuse or neglect of the parking area)Premises by Tenant, its agents, employees or licensees,except to the extent that the repair of such damage is covered by Landlord’s insurance as required hereunder; and 10.1.5 In the event that Tenant should require supplemental HVAC for the Premises, any maintenance repair and/or replacement required for such supplemental service shall be performed by Tenant. Under this Lease “major maintenance” means work In addition Tenant shall not place a load upon any floor of the Premises exceeding the floor load per square foot area which such floor was designed to carry and which may be allowed under Applicable Laws. Landlord normally does represents that the load of the floor in the entire Premises is 100 pounds per square foot. Tenant, at Tenant’s expense, shall have the right to maintain its facilities increase the load of the floor in a good the Second Floor Key Area to accomodate 150 pounds per square foot. Landlord reserves the right to reasonably prescribe, in order not to exceed the maximum load, the weight and habitable condition including the following, provided Tenant keeps position of all heavy equipment brought onto the Premises and prescribe any reinforcing required under the Parking Lot in good condition and has not damaged (normal wear and tearcircumstances, damage due all such reinforcing to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or be at Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesexpense.

Appears in 1 contract

Sources: Lease Agreement (Credit Management Solutions Inc)

Repairs and Maintenance. (A) By Landlord. Landlord will provide major shall perform all maintenance for the Premises and make all repairs, restoration and replacements to the Building (including not specifically imposed upon Tenant by the parking area)provisions hereof, the same to be included as Operating Expenses, subject to and in accordance with the provisions of Section 6, except where the repair has been made necessary by misuse or neglect by Tenant, in which event Landlord shall nevertheless make the repair but subject to the provisions of 21(c) and Section 20 Tenant shall pay to Landlord, as Additional Rent, immediately upon demand, the cost therefor. Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including Without limiting the generality of the foregoing sentence or the following, provided Tenant keeps Landlord shall maintain, repair and replace, as necessary, and keep in good order, safe and clean condition, in compliance with all laws, rules, regulations and ordinances, and in a manner befitting a first class office building the Premises same to be included as Operating Expenses, (1) the plumbing, sprinkler, HVAC and electrical and mechanical lines and equipment associated therewith, elevators and boilers, broken or damaged glass and damage by vandals; (2) utility and trunk lines, tanks and transformers and the Parking Lot in good condition interior and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any exterior structure of the items listed below: Landlord Responsibilities: • Structural integrity and all structural componentsBuilding, including, without limitation, Building foundations, footings, including the roof, roof membrane • Exterior - siding, window, exterior walls, doors bearing walls, support beams, floor slabs, foundation, support columns and hardware • Major mechanical such as HVACwindow frames; (3) the interior walls, plumbing and fixtures, fire alarmsceilings, and major electrical floor coverings (including carpets and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage tiles) in the common areas of the Building; (4) improvements to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection land, including ditches, shrubbery, landscaping and fencing; (5) changes at the interior of hall corridor and at the main directory; and (6) the common Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside facilities located within or outside the Premises Building, including the common entrances, corridors, interior and exterior doors and windows, loading docks, stairways, lavatory facilities (7) janitorial work for the Leased Property and the Parking Lot Project, (except for any litter caused by invitees 8) light bulb replacement and (9) maintenance of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesHVAC equipment.

Appears in 1 contract

Sources: Sublease Agreement (First Albany Companies Inc)

Repairs and Maintenance. Landlord will provide major maintenance (a) Subject to reimbursement provision herein, and except for the Premises and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by any negligent or intentional act or omission of Tenant or Tenant’s officers, directors, employees, employees or agents, contractorsin which event Tenant shall repair the damage any heating, licensees ventilation, plumbing, electrical, or invitees exceptedother equipment serves the Leased Premises. Landlord shall have no responsibility to maintain and operate or replace whe that equipment. Landlord shall not be responsible for repairs required by an accident, fire, or other peril or for damage caused to any part of the Project by any act or omission of Tenant or Tenant’s employees or agents, except as otherwise required by this Lease.. Tenant expressly waives the benefits of any statute now or later in effect that would otherwise give Tenant the right to make repairs at Landlord’s expense and deduct that cost from rent owing to Landlord. (b) Except to the extent provided to the contrary herein, Tenant shall clean and maintain in good order, condition, and repair and replace when necessary the following: (i) all plumbing and sewage facilities in the Leased Premises, including but not limited to all plumbing fixtures, pipes, fittings, or other parts of the plumbing system in the Leased Premises; (ii) all fixtures, interior walls, floors, carpets, draperies, window coverings, and ceilings in the Leased Premises; (iii) all windows, doors, entrances, and plate glass in the Leased Premises; (iv) all electrical facilities and all equipment in the Leased Premises, including all light fixtures, lamps, bulbs, tubes, fans, vents, exhaust equipment, and systems; and (v) any fire detection or extinguisher equipment in the Leased Premises. (c) With respect to utility facilities serving the Leased Premises, Tenant shall be responsible for the maintenance and repair of any facilities that serve only the Leased Premises, including all facilities that are within the walls or floor or on the roof of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarmsLeased Premises, and major electrical and fixtures • Heavy grounds labor such as shrub removalany part of the facility that is not within the Leased Premises, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities but only up to the point where the facilities join a main or other junction from which the utility services are distributed to other parts of connection the Project as well as to the Leased Premises. (d) Tenant shall: (i) maintain, repair, and replace when necessary all heating, , and ventilation equipment that services only the Leased Premises, and shall keep the them in good condition through regular inspection and servicing, and (ii) maintain continuously throughout the term of the Lease a service contract for the maintenance of all heating, , and ventilation equipment with a licensed repair and maintenance contractor approved by Landlord; the contract should provide for periodic inspections and servicing of the heating, air conditioning, and ventilation equipment at least once every ninety (90) days during the interior term of the Lease. However, Landlord may elect at any time during the term of the Lease to assume responsibility for the maintenance, repair, and replacement of the heating, , and ventilation equipment that serves only the Leased Premises. (e) All repairs and replacements required of Tenant shall be promptly made with new materials of like kind and quality. If the work affects the structural parts of the Building or if the estimated cost of any item of repair or replacement is in excess of $5000, Tenant will shall first obtain Landlord’s written approval of the scope of the work, the plans for the work, the materials to be charged for repairs necessitated by damage used, and the contractor hired to perform the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of work. (f) If Tenant fails to perform Tenant’s staffobligations under this Section or under any other section of this Lease, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot after five (except for any litter caused by invitees of Mars Hill on Sundays5) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing days’ prior written notice to Tenant of the repairs to be madeTenant, except in an emergency in which there is a threat of damage to property or personal injury. Tenant when no notice shall be responsible for minor maintenance includingrequired, but not limited to: • All janitorial and general cleaning of Landlord may enter the Premises and Leased Premises, perform the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paperobligations on Tenant’s behalf, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesrecover the cost of performance, together with interest at the maximum rate then allowed by law, as additional rent payable by Tenant with the next installment of Base Rent.

Appears in 1 contract

Sources: Industrial Lease

Repairs and Maintenance. Landlord will provide major maintenance for A. Tenant covenants throughout the Premises and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does term, at its expense, to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition order and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in repair the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any interior structure of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarmsLeased Premises, and major electrical to maintain and fixtures • Heavy grounds labor such as shrub removalreplace when necessary, sidewalk all window and parking lot repairdoor glass therein, retaining walls interior and fencing • Sanitary sewer linesexterior, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of maintain and repair all building service equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance therein including, but not limited to: • All janitorial , electrical, plumbing, heating, air conditioning and general cleaning sprinkler equipment, pipes, wires, ducts, fixtures and appliances; to make all ordinary and necessary repairs to any of the foregoing; to keep the Leased Premises in a safe, clean, and sanitary condition; to provide for the removal of trash and rubbish; and to surrender the Leased Premises at the end of the term in as good condition as when received except for ordinary wear and use, fire or other unavoidable casualty. B. Landlord will provide, at Tenant's expense, for inspection at least once each calendar quarter, of the heating, air conditioning and ventilating equipment (which inspection shall encompass the work described on Exhibit "E" attached hereto and made a part of), and provide for necessary repairs thereto. Landlord will provide Tenant with copies of all service calls and reports within thirty (30) days after any service call. C. Landlord agrees to perform at its expense, maintenance, repair and replacement to the exterior and structural portions of the Building, all utility and Building systems not exclusively serving the Leased Premises and those located outside of the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towelsLeased Premises, toilet paperthe Common Areas, and other paper product dispensers • Supplying the roof, gutters, downspouts, roof membrane, flashing and installing floor slab, except when such repairs are necessitated by negligence of the Tenant. D. During the Initial Lease Term, the repair and replacement light bulbs • Supplying cleaning products of capital items such as the roof, structural elements of the Building, HVAC system components, utility connections, re-paving of parking lots and suppliespaved areas, etc. are to be the expense and responsibility of the Landlord, with no reimbursement by Tenant. Thereafter, during any extension or renewal of the Lease Term, the cost of these items are to be amortized over their useful life, and only the annual amortized portion of these costs shall be "Annual Amortized Costs" passed through as an Annual Operating Expense.

Appears in 1 contract

Sources: Lease Agreement (Astropower Inc)

Repairs and Maintenance. Landlord will provide major maintenance for Except as otherwise provided in this Article, Tenant, at its sole cost and expense, shall maintain each of the Premises Demised Properties and the Building 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 parking areaDemised Properties). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities , and including any roof on any buildings, in a good neat and habitable condition including clean condition, and ensuring that debris from the followingoperation 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, provided 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, (a) no Repairs shall result in any structural damage to any Demised Properties or any injury to any persons, (b) Tenant keeps shall ensure that the Premises quality of materials and workmanship of any Repairs meets or exceeds the Parking Lot in good condition quality of materials and has not damaged workmanship of the Improvements prior to the need for such Repairs; (normal wear and tearc) all Repairs shall fully comply with applicable Law, damage due to casualty the requirements of any covenants, conditions, restrictions or condemnation other permitted encumbrances that are of record regarding the applicable Demised Property, and any condition in the Parking Lot not caused applicable repair standards and requirements promulgated by Tenant for its (or Tenant’s officers, directors, employees, agents, contractors, licensees its subsidiaries’ or invitees exceptedAffiliates’ or franchisees’) any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused properties or by Tenant’s negligence franchisor (if applicable). Landlord shall have no duty whatsoever to maintain, replace, upgrade, or willful misconduct • repair any portion of the Demised Properties, including any structural items, roof or roofing materials, or any aboveground or underground 1. [***] Indicates material that has been omitted and for which confidential treatment has been requested. All subsurface conditions • Utility facilities such omitted material has been filed with the Securities and Exchange Commission pursuant to Rule 24b-2 under the point Securities and Exchange Act of connection 1934, as amended. storage tanks, and Tenant hereby expressly waives the right to make Repairs at the interior expense of Landlord, which right may be provided for in any applicable Law now or hereinafter in effect. In addition to Landlord’s rights under Section 15.02, if Tenant fails or neglects to commence and diligently proceed with all Repairs or fulfill its other obligations as set forth above within thirty (30) days after receipt of written notice of the Building Tenant will be charged for repairs necessitated by damage to need therefor from Landlord or any other Person describing the Premises applicable Repair or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staffother obligation, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant then Landlord or its operations • Interior construction agents may enter the Demised Properties for the Building only purpose of making such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises Repairs or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injuryfulfilling those obligations. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial pay to Landlord all costs and general cleaning expenses incurred by Landlord as a consequence of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliessuch Landlord’s actions.

Appears in 1 contract

Sources: Master Land and Building Lease (Getty Realty Corp /Md/)

Repairs and Maintenance. (a) Except with respect to Landlord will provide major maintenance for Repairs (as defined below), Tenant, at Tenant’s expense, shall keep and maintain the Premises and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition order and has not damaged (normal wear and tearcondition. As used in this Lease, damage due to casualty or condemnation “maintain” shall include without limitation promptly making all repairs and any condition reasonably necessary replacements necessary to keep and maintain such in good order and condition. Tenant shall have the Parking Lot not caused by Tenant option of replacing lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any of the items listed below: advising Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staffdesire to have Landlord make such repairs, clients, agents, contractors, invitees or permitted subtenantsin which case Tenant shall pay to Landlord for such repairs at Landlord’s then-standard rate. For example To the extent that Tenant requests that Landlord make any other repairs that are Tenant’s obligation to make under this Lease, Landlord may elect to make such repairs on Tenant’s behalf, at Tenant’s expense, and Tenant shall pay to Landlord such expense. If Tenant has been in default under this Lease, Landlord may elect to require that Tenant prepay the responsibility amount of such repair. All Tenant repairs shall comply with Laws and utilize materials and equipment that are at least equal in quality, number, and usefulness to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drainsthose originally used in constructing the Building and the Premises. In addition, toilets • Removal of trash from inside or outside Tenant shall maintain, at Tenant’s expense, Tenant’s Supplemental HVAC, Premises Water Heaters, and/or Alterations in a clean and safe manner and in proper operating condition throughout the Term. “Tenant’s Supplemental HVAC” means any supplemental HVAC system serving the Premises (regardless of who installed it). “Premises Water Heater” means any water heater serving the Premises (regardless of who installed it), including without limitation expansion tanks and any associated piping. Tenant shall maintain Tenant’s Supplemental HVAC under a service contract with a firm and upon such terms as may be reasonably satisfactory to Landlord, including EXHIBIT 10.35 inspection and maintenance on at least a semiannual basis, and provide Landlord with a copy thereof. Within 5 days after Landlord’s request, Tenant shall provide Landlord with evidence that such contract is in place. Further, Tenant shall ensure that all Premises Water Heaters have a working automatic water shut-off device with audible alarm and a leak pan underneath with the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for drain line run to a suitable floor drain. All repairs to the Building only and/or the Project made necessary by reason of the installation, maintenance, and operation of Tenant’s Supplemental HVAC, Premises Water Heaters, and Alterations shall be Tenant’s expense. In the event of an emergency, such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises a burst waterline or equipment caused by a willful or negligent act of Tenant. God, Landlord will not provide maintenance shall have the right to make repairs for which Tenant will be charged is responsible hereunder (at Tenant’s cost) without first providing giving Tenant prior written notice, but in such case Landlord shall provide notice to Tenant of as soon as practicable thereafter, and Landlord shall take commercially reasonable steps to minimize the costs incurred. Further, Landlord shall have the right to make repairs for which Tenant is responsible hereunder (at Tenant’s cost) with prior notice to Tenant if Landlord believes in its sole and absolute discretion that the repairs are necessary to be made, except in an emergency in which there is a threat of prevent harm or damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paperBuilding, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesLandlord shall take commercially reasonable steps to minimize the costs incurred.

Appears in 1 contract

Sources: Lease Agreement (Asure Software Inc)

Repairs and Maintenance. Landlord will provide major maintenance for Section 8.1 The Tenant, at its sole cost and expense, shall take good care of and maintain the Demised Premises and the Building (Personal Property, including following the parking area). Under this Lease “major maintenance” means work which Landlord normally does maintenance schedules and procedures identified on Schedule 8.1 hereto and Schedule 6.3(a) to maintain its facilities the Contribution Agreement and such other maintenance schedules and procedures as shall be mutually agreed upon by the parties hereto, and shall keep the Demised Premises and the Personal Property in good order, condition and repair throughout the Term and shall, in a good and habitable condition including workerlike manner, make all repairs therein and thereon, interior and exterior, structural and non-structural, necessary to keep the following, provided Tenant keeps the Premises and the Parking Lot same in good condition order and has condition, whether or not damaged (normal necessitated by obsolescence or wear and tear; provided, however, that the Landlord shall be responsible for making all structural repairs and replacements relating to the roof, the foundations or the exterior walls of any of the buildings comprising the Demised Premises other than (a) those structural repairs made in connection with routine and ordinary maintenance of the Demised Premises; and (b) those repairs made in connection with damage due to casualty or condemnation and any condition in the Parking Lot not injury caused by Tenant or resulting from Tenant’s officers's Alterations, directorsor from carelessness, omission, neglect or improper conduct of Tenant, Tenant's agents, employees, agentsinvitees or licensees. Tenant shall give Landlord prompt notice of any defective condition that Landlord is required to repair and Landlord shall make all such repairs as soon as practicable. Section 8.2 The Landlord shall, contractorsat the Tenant's cost and expense, licensees cause to be kept clean and free from dirt, snow, ice, rubbish, obstructions and encumbrances, the sidewalks, passageways, grounds, parking areas, walks, alleys and curbs within the Demised Premises; provided, however, that in lieu of paying or invitees excepted) any reimbursing the Landlord for the Tenant's proportionate share of the items listed below: cost of such services, as reasonably determined by the Landlord Responsibilities: • Structural integrity and all structural componentsthe Tenant, includingthe Tenant may hire and pay for outside contractors to perform the same. The Landlord shall maintain, without limitationkeep clean and free from dirt, Building foundationssnow, footingsice, roofrubbish, roof membrane • Exterior - sidingobstructions and encumbrances, windowthe sidewalks, exterior wallspassageways, doors grounds, parking areas, walks, alleys and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarmscurbs within the Licensed Premises, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage the Tenant shall pay to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior Landlord, as Additional Rent, a pro rata share of the Building Tenant will be charged for repairs necessitated cost thereof, as reasonably determined by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises Landlord and the Parking Lot (except for any litter caused Tenant in accordance with Article 24 hereof and Exhibit "C" attached hereto. All amounts payable by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by the Tenant or its operations • Interior construction for the Building only such under this Section 8.2 shall be treated as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Additional Rent hereunder. Section 8.3 The Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial repairing and general cleaning of maintaining the Premises and Personal Property in accordance with the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesLandlord's specifications as provided to the Tenant from time to time.

Appears in 1 contract

Sources: Lease Agreement (Accuride Corp)

Repairs and Maintenance. Landlord will provide major maintenance for Tenant’s entry into possession of the Demised Premises and shall be conclusive proof that the Building (including Demised Premises are, as of the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the followingcommencement date, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear repair and tear, damage due in all ways acceptable to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance includingthe full cost to maintain it’s building. Tenant shall continue to keep same in good condition and repair and make all necessary repairs thereto, but not limited to: • All janitorial including without limitation, the interior and general cleaning exterior of the premises, all structural and non-structural portions thereof, and all pipes, conduits, and duct work of the electrical, security, plumbing, heating, ventilation and air conditioning and sprinkler systems. Tenant hereby waives the provisions of Sections 1941 and 1942, and Section 1932 (2), and Section 1933 (4) of the Civil Code of California. All such repairs shall be made by Tenant as speedily as reasonably possible at Tenant’s sole cost and expense. In accordance with the foregoing, Tenant shall retain the services of an air conditioning service company for periodic inspection and repair, not less frequently than once each month. If Tenant fails to engage the services of an air conditioning company, Landlord may, without further notice, retain a company for such purposes and ▇▇▇▇ Tenant for the cost thereof, and Tenant shall reimburse Landlord within ten (10) days of receipt of Landlord’s ▇▇▇▇. In addition, it shall be the obligation of Tenant, at Tenant’s expense, in the event that the Demised Premises are subject to termite infestation at any time or times during the Lease term, to procure the services of a licensed pest control company for purposes of eliminating the infestation, and Tenant shall, in such event, also be required to repair all damage incurred in or about the Demised Premises, whether structural or non-structural, by reason of the infestation and the elimination thereof. If Tenant fails to meet the obligations set forth in the previous sentence, Landlord may perform the necessary work and ▇▇▇▇ Tenant for the cost, and Tenant shall reimburse Landlord within ten (10) days of receipt of Landlord’s ▇▇▇▇. Notwithstanding the foregoing, Lessor shall make the following repairs to the Demised Premises and the Parking Lot • Vacuuming/mopping • Emptying building of trash baskets • Refilling paper towelswhich the Demised Premises form a part and Tenant shall reimburse Landlord Tenant’s pro-rata share of the costs thereof. Such items shall include without limitation: roof (excluding structural portions), toilet paperservice lines and drops located outside the perimeter of the Demised Premises, and painting or staining of exterior walls, trim, or accessories as Landlord from time to time determines. Tenant’s pro-rata share thereof shall be calculated by multiplying the total amount thereof by a fraction, the numerator of which is the leasable area within the Demised Premises and the denominator of which is the gross leasable area within the building of which the Demised Premises form a part. In the event any repairs are required to Tenant’s sign and Tenant fails to make such required repairs, Landlord shall repair same upon five (5) days notice to Tenant, at Tenant’s sole cost and expense plus interest at the Interest Rate from the date of Landlord’s payment thereof. Tenant shall promptly notify Landlord in writing of the need for any of the foregoing repairs which Landlord shall perform at Landlord’s expense. Landlord shall have the right to enter the Demised Premises upon 24 hours notice at any time with men and equipment as may be deemed necessary by Landlord to make such repairs. In no event shall Landlord be liable for any loss, damage (including water damage), theft or destruction of or to any merchandise, fixtures, money, or other paper product dispensers • Supplying property belonging to any other party (including Tenant) as a result of Landlord’s failure to promptly make or correctly perform any of the foregoing repairs unless caused by a willful act or negligence of Landlord, its agents, employees, contractors, servants, or designees while making such repairs. In the event Tenant fails or refuses to make any repairs it is required to make, in addition to all other rights and installing replacement light bulbs • Supplying cleaning products remedies hereunder and suppliesany other which now or hereafter may be available to Landlord at law or in equity, Landlord shall have the right to enter the Demised Premises with men and equipment to perform such repairs on behalf and at the expense of Tenant. Landlord may make any and all emergency repairs as Landlord deems necessary. In the event of any of the foregoing, Tenant shall reimburse Landlord Landlord’s costs and expenses thereto together with ten percent (10%) covering Landlord’s overhead. Such reimbursement shall be made together with the next monthly installment of rent. In the event Tenant fails to timely reimburse Landlord such amount shall bear interest at the Interest Rate (as hereinafter defined).

Appears in 1 contract

Sources: Standard Shopping Center Lease (Community Bancorp Inc)

Repairs and Maintenance. Landlord will provide major maintenance for The Tenant agrees at all times, from and after occupancy of the Premises premises, and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does at its own cost and expense to repair, replace and maintain its facilities in a good and habitable condition tenable condition, the premises, excluding the roof, exterior walls, structural parts of the premises and structural floor, including without limitation: ● Floor covering, including carpeting, terrazo or other special flooring installed presently or at the followingrequest of the tenant; ● Utility meters, provided pipes and conduits, all fixtures, air conditioning and heating equipment serving the premises and other equipment therein; ● The store front, all Tenant keeps signs, locks and closing devices, all window sash, casement or frames, door and door frames, and all such items of repair, maintenance and improvement or reconstruction as may at any time or from time to time be required by a governmental agency having jurisdiction thereof; All glass, both interior and exterior, is at the Premises sole risk of the Tenant, and any glass broken shall be promptly replaced by the Parking Lot Tenant with glass of the same kind, size and quality. Subject to the foregoing, the Landlord shall keep and maintain in good condition and has not damaged (normal wear repair, the roof, exterior walls and tearstructural parts of the premises and structural floor, damage due pipes and conduits outside the premises for the furnishing to casualty or condemnation and any condition the premises of various utilities. Landlord warrants that to the best of present knowledge, on the start date of this lease, all items in the Parking Lot previous sentence are in good working condition.. Landlord shall not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) be required to make any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage reason of the negligence of the Tenant or anyone claiming under the Tenant, or by reason of the failure of the Tenant to perform or observe any conditions or agreements in this Lease caused by alterations, additions, or improvements made by the Tenant or anyone claiming under the Tenant. Landlord shall not in any way be liable for failure to make repairs as herein specifically required of it unless the Tenant has previously notified the Landlord in writing of the need for such repairs and the Landlord has failed to commence and complete said repairs within a reasonable period of time following receipt of the Tenant's written notification. If Tenant refuses or neglect to make repairs and/or maintain the premises or any part thereof, in a manner reasonable satisfactory to the Premises Landlord, Landlord shall have the right, upon giving Tenant reasonable written notice of its election to do so, to make such repairs or the Parking Lot or loss perform such maintenance on behalf of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act account of Tenant. In such event, such work shall be paid for Tenant as additional rent promptly upon receipt of a ▇▇▇▇ therefore. As used in this Article the expression "exterior walls" shall not be deemed to include store front or plate glass, window cases or window frames, door or door frames, security grilles or similar enclosures. It is understood that the Landlord will not provide maintenance repairs for which Tenant will shall be charged without first providing prior written notice under no obligation to Tenant make any repairs, alterations, renewals, replacements to and upon the premises or the mechanical equipment exclusively serving the premises at any time except as in this Lease expressly provided. Upon surrender of the repairs to be madepremises, except in an emergency in which there is a threat of damage to property or personal injury. the Tenant shall be responsible for minor maintenance includingre-deliver to the Landlord in good order, but not limited to: • All janitorial condition and general cleaning state of the Premises repair, ordinary wear and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet papertear accepted, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesaccepting such items of repair, as may be the Landlord's obligation hereunder.

Appears in 1 contract

Sources: Lease Agreement (GrowGeneration Corp.)

Repairs and Maintenance. Landlord will provide major maintenance 8.1 During the term of this Lease, Tenant shall at its sole expense comply with all laws and regulations whether now in force or enacted during the term of the Lease, relating to Tenant's use and occupancy of the Premises. 8.2 Subject to Section 8.3 below, Tenant shall, at its sole cost and expense, take good care of the Premises, including the maintenance, repair and replacement as necessary of all building systems (including but not limited to heating, ventilation, air conditioning, plumbing and electrical), and shall make all repairs therein and thereon, interior and exterior, ordinary and extraordinary, unforeseen and foreseen, necessary to keep the same (a) in good and safe order and condition, and (b) in substantially the same condition as of the date of this Lease, reasonable wear and tear excepted. Tenant shall not commit or suffer, and shall use all reasonable precaution to prevent, waste, damage, or injury to the Premises. 8.3 Landlord, at its cost and expense, shall be responsible for the Premises maintenance and repair of the structural elements of the Premises, such as foundation, the walls and the roof and any other such of the Premises, except any repairs required as a result of the acts or omissions of the Tenant, its agents, servants, employees, licensees, invitees or independent contractors. 8.4 Tenant shall, at its own cost and expense, keep clean and free from dirt, rubbish, obstructions, encumbrances, snow and ice, the sidewalks, driveways, parking lots and curbs used in connection with the Premises. 8.5 Tenant shall pay Tenant's Pro Rata Share of the fire insurance premium for the Building (including approximately $3,200 per year), sprinkler system cost (approximately $2,400 per year), and the parking arealawn maintenance costs for the Property (approximately $2,400 per year). Under this Lease “major maintenance” means work which Landlord normally does , as additional rent in monthly increments equal to maintain its one-twelfth of the annual cost of same. 8.6 At all times, Tenant shall: a. Use all electric, plumbing, heating, cooling and other facilities in a good and habitable condition including the following, provided Tenant keeps the Premises in a safe and reasonable way; b. Replace all broken glass in the Parking Lot Premises; c. Permit no load to be placed upon the floors of the Premises in good condition and has not damaged (normal wear and tearexcess of such floor's weight-bearing capacity; d. do nothing to destroy, deface, damage due to casualty or condemnation and remove any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any part of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot Property; e. Keep no inflammable or loss of equipment caused by willful dangerous substances or negligent acts of Tenant’s staff, clients, agents, contractors, invitees object in or permitted subtenants. For example repairs that are about the responsibility of Tenant Premises; and f. Do nothing to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside impair the Premises peace and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant quiet of the repairs to be madeLandlord, except other tenants, or persons in an emergency in which there is a threat the neighborhood. 8.7 Landlord represents that the weight-bearing capacity of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning the floors of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesis not less than 450 lbs. per square foot.

Appears in 1 contract

Sources: Lease Agreement (Community Distributors Inc)

Repairs and Maintenance. Tenant shall, at its own expense, maintain the leased premises and appurtenances in good repair. Tenant shall also keep in repair or replace the plumbing heating and air conditioning system and electrical equipment. It is understood that Tenant is not required to maintain the leased premises in a condition equal to new, but Tenant shall at all times keep and maintain the premises in such condition as to minimize as far as is practicable the effects of use, decay and weather. Tenant shall not be responsible for repairing damages to the exterior or interior of the building caused by the elements, fire or other causes beyond the control of Tenant. At the end of the term hereof or any extension thereof, Tenant agrees to deliver up the leased premises in as good a condition as at the beginning of the term, natural deterioration by normal use and damage by fire and the elements excepted. Tenant shall, at its sole cost and expense, make all repairs and replacements or alterations to the Premises required by any governmental authority and all necessary repairs and replacements of Tenant's fixtures required for the proper conduct of Tenant's business. Tenant shall forthwith, at its own cost and expense, replace with glass of the same quality any cracked or broken glass including plate glass, other glass or breakable material used in structural portions and any interior and exterior windows and doors in the Premises. If Landlord will provide major maintenance for provided Tenant with any warranty or warranties relating to any system or equipment in the Premises, Tenant shall comply with all of the terms and conditions of such warranty or warranties. Tenant shall at all times keep the Premises and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does immediate areas in front, behind and adjacent to maintain its facilities in a good and habitable condition including the followingit, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, windowexterior entrances, exterior walls, doors all glass and hardware • Major mechanical such as HVACshow windows, plumbing moldings and fixtures, fire alarmsbulkheads, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trimall partitions, doors, hardwarefloor surfaces, wall finishesfixtures, flooring equipment and floor finishesappurtenances thereof in good order, ceilings condition and finishes • repair, and in a satisfactory condition of cleanliness, including reasonable periodic painting of the interior and, if applicable, the exterior of the Premises, damage by unavoidable casualty excepted. Tenant shall be fully responsible and liable for the maintenance and lighting of all its exterior signs, and shall periodically repaint metal surfaces that rust or begin to deteriorate from any causes. Any damage to the Premises or equipment caused by exterior walls to which a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will sign may be charged without first providing prior written notice to Tenant of the repairs to be madeattached, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, including but not limited to: • All janitorial to rust stains and general cleaning structural cracking of the Premises and fascia, caused by Tenant's use of such sign, shall be repaired by Tenant at its own cost. In addition to the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towelsforegoing, toilet paperTenant shall install, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and supplies.repair, replace and

Appears in 1 contract

Sources: Purchase Agreement (Pool Energy Services Co)

Repairs and Maintenance. Landlord will provide major maintenance for the Premises and the Building (including the parking area)7.1 Lessee's Responsibilities; Lessor's Warranty. Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarms, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant Lessee shall be responsible for minor all interior and exterior maintenance of the Building, specifically including but not limited to repairs to the heating and cooling systems, plumbing systems, electrical system and drainage system. Lessee shall keep the inside of the Demised Premises and improvements thereon in the same order and condition as of the date it takes possession thereof, damage by the elements and reasonable wear and tear excepted, and permitted alterations and modifications excepted, and shall also keep the Demised Premises in a clean and sanitary condition according to the applicable state, city and county health and sanitary laws and ordinances. Except as provided in paragraph 7.2, Lessee shall specifically be responsible for all repairs to and maintenance of the Demised Premises, ground and parking, including but not limited to: a. Maintenance of and repairs to the roof on the Demised Premises; b. Maintenance of and repairs to, including cost of replacement of all or any portion of, the mechanical and electrical, heating and cooling, security and fire, plumbing and drainage systems and fixtures and all of the Building systems to keep such systems in good order, condition and repair; c. Maintenance of and repairs to lavatories; d. Replacement lamps, bulbs, starters and ballasts; e. Interior painting; f. Exterior and common area maintenance and repairs including, but not limited to: • All janitorial , exterior painting; exterior cleaning including window washing; gutter cleaning and general cleaning repair; sidewalks; curb repair; parking lots and parking stripage; signage; snow removal and landscape maintenance and repair; g. Repairs, changes or alterations in or on the Demised Premises as required by the codes or regulations of any governmental body exercising jurisdiction over the Demised Premises. In consideration of Lessee assuming the repairs and maintenance set forth herein, Lessor covenants and agrees to pass through the benefit of all warranties of whatever nature that accrue to the benefit of the Premises Owner as Lessor. Lessor agrees to purchase the manufacturer's ten (10) year warranty in connection with the roof of the Demised Premises. The electrical and HVAC equipment is warranted by the Parking Lot • Vacuuming/mopping • Emptying Lessor for a period of trash baskets • Refilling paper towelstwo years from the Commencement Date. The HVAC warrantee is for premature equipment failure. All normal maintenance shall be the responsibility of the Lessee. Notwithstanding anything to the contrary contained in this Lease, toilet paperLessor shall promptly correct all defects in Lessor's Work and failures of Lessor's Work to conform to the plans and specifications for such work which had had been agreed upon by Lessor and Lessee, which defects or nonconformities are discovered before or within one (1) year after the date upon which Lessee first occupies the Demised Premises. Lessor shall bear all costs of correcting Lessor's Work. Lessor and Lessee shall each give the other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesprompt written notice after discovering the existence of any such defects or nonconformities in Lessor's Work.

Appears in 1 contract

Sources: Lease Agreement

Repairs and Maintenance. 6.1 The Landlord will provide major maintenance for shall, with due diligence, at its own cost and expense, maintain and make all repairs to the Premises exterior bearing walls and metal panels and foundation of the Building (including Leased Premises, correct any structural problem with the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition including floor of the followingLeased Premises, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal wear and tear, damage due to casualty or condemnation and any condition in the Parking Lot not same was caused by Tenant the design or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any the construction of the items listed below: Landlord Responsibilities: • Structural integrity and all structural components, including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarmssame, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer linesLandlord shall be responsible for any required replacement of the roof of the building, provided that any damage to the lines are foregoing is not caused by Tenant’s the negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clientsits servants, agents, contractorsemployees, invitees or permitted subtenantsagents. For example repairs that are The Landlord shall, subject to reimbursement by Tenant of Tenant's Percentage of the responsibility cost thereof, undertake the maintenance and repair of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement the roof of keys • Broken windows • Plugged drainsthe building, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trimmaintenance, doors, hardware, wall finishes, flooring repair and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant replacement of the repairs to be maderoof leaders, except in an emergency in which there is a threat of damage to property or personal injuryflashings, metal gravel stops, gutters and drains. Tenant shall be responsible reimburse Landlord within thirty (30) days after written demand for minor maintenance any cost attributable to Tenant's Percentage with respect to the foregoing, provided that Landlord shall furnish to Tenant a breakdown of such cost and computation of Tenant's pro rata obligation with respect thereto. 6.2 The Tenant shall, except as provided in Article 6.1 above, take good care of the Leased Premises and, at its cost and expense, keep and maintain in good repair the interior and the exterior loading docks of the Leased Premises, including, but not limited to: • All janitorial to the floor, loading dock, windows and general cleaning doors, the air-conditioning and heating plant, the plumbing, pipes and fixtures belonging thereto; and shall replace all mechanical systems and working parts used in connection with the air-conditioning, electrical, heating and plumbing plants, fixtures and systems, including ballasts and fluorescent fixtures; and shall keep the water and sewer pipes serving only the Leased Premises and connections free from ice and other obstructions, and shall generally maintain and repair the interior and the exterior loading docks of the Leased Premises (except as provided in Articles 6.1 and 6.3) and shall, at the end of the expiration of the term, deliver up the Leased Premises in good order and condition, damages by the elements, ordinary wear and tear excepted. Tenant shall enter into a maintenance contract in connection with the maintenance and repair of all mechanical systems serving the Building. Said contract shall be with a reputable, recognized contractor who is reasonably acceptable to Landlord, and said contract shall provide for inspection and service every two (2) months during the term of this lease. Tenant shall promptly forward a copy of such contract, promptly upon Tenant's receipt of same. Notwithstanding anything hereinabove contained to the contrary, Landlord shall be responsible for any required full replacement of the heating, ventilating and air conditioning system serving the Leased Premises. The Tenant covenants and agrees that it shall not cause or permit any waste (other than reasonable wear and tear), damage or disfigurement to the Leased Premises, or any overloading of the floors of the Building. 6.3 The Tenant shall reimburse the Landlord for Tenant's Percentage of the Landlord's total expense in maintaining and repairing the lawns, shrubbery, driveways and parking areas of the entire Property, which said sum shall be paid by the Tenant to the Landlord within thirty (30) days from the date of billing and the Parking Lot • Vacuuming/mopping • Emptying Landlord shall supply to the Tenant, at its request, a complete breakdown of trash baskets • Refilling paper towelsthe cost items. The Landlord shall, toilet papersubject to reimbursement by Tenant of Tenant's Percentage of the cost thereof, keep the walks and other paper product dispensers • Supplying parking areas of the Property free and installing replacement light bulbs • Supplying cleaning products clear of ice, snow and suppliesdebris. 6.4 The cost of all of the work to be performed by Landlord pursuant to this Article 6 shall be customary and reasonable and all invoices delivered to Tenant shall be accompanied by supporting documentation.

Appears in 1 contract

Sources: Lease Agreement (Loehmanns Inc)

Repairs and Maintenance. 18.1 Landlord will provide major maintenance for shall, throughout the Premises term of this Lease, at its own cost and the Building (including the parking area). Under this Lease “major maintenance” means work which Landlord normally does expense, and without any cost or expense to Tenant, keep and maintain its facilities in a good and habitable condition including the following, provided Tenant keeps the Premises and the Parking Lot in good condition and has not damaged (normal repair the structural components of the footings, foundation, bottom floor slab, and load bearing walls of the Premises, subject to wear and teartear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings. In addition, damage due Landlord shall, at its own cost and expense, and without any cost or expense to casualty Tenant, promptly repair any patent or condemnation and any condition latent defects in the Parking Lot not caused design, materials or construction of the work required of Landlord under the Work Letter to the extent of Landlord's warranties in Section 14.2. 18.2 Except as otherwise set forth in Section 18.1, Landlord shall, throughout the term of this Lease, subject to reimbursement by Tenant as Operating Expenses under Section 7.1, and without any cost or Tenant’s officersexpense to Landlord, directorskeep and maintain in good, employeessanitary and neat order, agentscondition, contractorsand repair, licensees the Premises and every part thereof (subject to wear and tear consistent with commercially reasonable maintenance and repair standards applicable to comparable buildings), including structural and capital improvements, all improvements, fixtures, equipment and personal property built or invitees excepted) any of installed in the items listed below: Landlord Responsibilities: • Structural integrity Premises, and all structural componentsappurtenances thereto, includingincluding but not limited to sidewalks, without limitationparking areas, Building foundationscurbs, footingsroads, roofdriveways, roof membrane • Exterior - sidinglighting standards, windowlandscaping, exterior wallssewers, doors water, gas and hardware • Major mechanical such as HVACelectrical distribution systems and facilities, plumbing and fixtures, fire alarmsdrainage facilities, and major electrical all signs, both illuminated and fixtures • Heavy grounds labor such as shrub removalnon-illuminated that are now or hereafter on the Premises. Without in any way limiting the foregoing, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to Landlord shall maintain the lines designating the parking spaces in good condition and paint the same as often as may be necessary, so that they are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities easily discernable at all times; resurface the parking areas as necessary to the point of connection at the interior maintain it in good condition; paint any exterior portions of the Building Tenant will be charged for repairs necessitated by damage as necessary to maintain them in good condition; and maintain the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of Tenant’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except roof in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paper, and other paper product dispensers • Supplying and installing replacement light bulbs • Supplying cleaning products and suppliesgood condition.

Appears in 1 contract

Sources: Sublease Agreement (Amylin Pharmaceuticals Inc)

Repairs and Maintenance. Landlord will provide major maintenance for will, at Landlord’s expense, make structural repairs and replacements to the Premises and the Building (exterior of all buildings, including the parking area). Under this Lease “major maintenance” means work which Landlord normally does to maintain its facilities in a good and habitable condition Leased Premises, located on the Property, including the followingroof, provided Tenant keeps except where such repairs and/or replacements were made necessary by acts or omissions of Tenant, Tenant’s employees or invitees; and Landlord will, at Landlord’s initial expense but subject to Tenant’s Common Area Charge (as defined in numbered Section 25) reimbursement payable pursuant to numbered Section 25 hereto, keep and maintain the Premises sidewalks, parking lots, gutters and curbs on the Parking Lot Property free and clear of all obstructions and promptly remove all snow and ice from said sidewalks and parking lots. Landlord will, at ▇▇▇▇▇▇▇▇’s initial expense but subject to Tenant’s Common Area Charge (as defined in numbered Section 25) reimbursement payable pursuant to numbered Section 25 hereto, make all repairs to and maintain the parking lot, driveways and sidewalks located on the Property in good condition and has not damaged (normal wear repair. During the Term hereof, or any extension thereto, Tenant will make all repairs and/or replacements to and tearbe responsible for all general, damage due to casualty or condemnation ordinary and any condition in the Parking Lot not caused by Tenant or Tenant’s officers, directors, employees, agents, contractors, licensees or invitees excepted) any necessary maintenance of the items listed below: Landlord Responsibilities: • Structural integrity air conditioning, heating, ventilating equipment, plumbing, gas, electrical, sprinkler and all structural componentsother similar units and systems within and servicing the Leased Premises (“Systems”), including, without limitation, Building foundations, footings, roof, roof membrane • Exterior - siding, window, exterior walls, doors and hardware • Major mechanical such as HVAC, plumbing and fixtures, fire alarmsmore fully detailed in numbered Section 8 hereto, and major electrical and fixtures • Heavy grounds labor such as shrub removal, sidewalk and parking lot repair, retaining walls and fencing • Sanitary sewer lines, provided any damage to the lines are not caused by Tenant’s negligence or willful misconduct • All subsurface conditions • Utility facilities to the point of connection at the interior of the Building Tenant will be charged for repairs necessitated by damage Leased Premises, including maintaining doors and windows in good condition and repair, to the Premises or the Parking Lot or loss of equipment caused by willful or negligent acts of TenantLandlord’s staff, clients, agents, contractors, invitees or permitted subtenants. For example repairs that are the responsibility of Tenant to pay include but are not limited to: • Lock changes • Access due to lock-outs • Replacement of keys • Broken windows • Plugged drains, toilets • Removal of trash from inside or outside the Premises and the Parking Lot (except for any litter caused by invitees of Mars Hill on Sundays) • Repair of landscape damage caused by Tenant or its operations • Interior construction for the Building only such as interior trim, doors, hardware, wall finishes, flooring and floor finishes, ceilings and finishes • Any damage to the Premises or equipment caused by a willful or negligent act of Tenant. Landlord will not provide maintenance repairs for which Tenant will be charged without first providing prior written notice to Tenant of the repairs to be made, except in an emergency in which there is a threat of damage to property or personal injury. Tenant shall be responsible for minor maintenance including, but not limited to: • All janitorial and general cleaning of the Premises and the Parking Lot • Vacuuming/mopping • Emptying of trash baskets • Refilling paper towels, toilet paperreasonable satisfaction, and other paper product dispensers • Supplying timely pay all expenses and installing replacement light bulbs • Supplying cleaning products and suppliesreimbursements as provided in numbered Section 25 below.

Appears in 1 contract

Sources: Lease (BYTE Acquisition Corp.)