Common use of Repairs by Lessee Clause in Contracts

Repairs by Lessee. Lessee shall at its own expense keep and maintain the premises in good order and repair, subject to reasonable wear and tear except those portions of the premises to be maintained and repaired by Lessor under the terms of this lease. Subject to Item V , Xxxxxx agrees to keep all fixtures pertaining to heating, air conditioning, water, sewer, electrical and sprinkler systems in good order and repair, and agrees also to be responsible for any damage to such heating air conditioning, water, sewer, electrical and sprinkler systems. Xxxxxx agrees to return said premises to Lessor at the expiration of this lease in as good condition and repair as when first received, natural wear and tear excepted. Should Lessee fail to make any repairs or restoration for which Xxxxxx is responsible under this Lease, Lessor may, but shall not be obligated to, make same at Lessee’s expense and the cost thereof shall be considered additional rent due hereunder. If Lessor elects to make said repairs or restoration, he shall provide Lessee with a 15-day notice in writing of its intention to make said repairs or restoration, and if Lessor shall thereafter make said repairs or restoration, the reasonable cost thereof shall be construed as additional rent payable immediately by Xxxxxx. Likewise if Lessor fails to make necessary repairs or restorations to those parts of the premises set forth in Item V for which it is obligated to maintain and keep in good order, and after a 15-day notice in writing by Lessee to Lessor, Lessee makes repair or restoration of same, the reasonable cost thereof shall be billed to Lessor. Lessor agrees to assign any and all warranties on heating and air conditioning units, fixtures, and all equipment installed or provided by Lessor to Lessee and to fully cooperate with Lessee in the enforcement of any of the assigned rights and obligations under such warranties. VII

Appears in 2 contracts

Samples: Renewal Lease (American Consumers Inc), Renewal Lease (American Consumers Inc)

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Repairs by Lessee. Lessee LESSEE shall at all times, and at its own expense keep cost and maintain expense, be responsible for the premises in good order maintenance and repair, subject to reasonable wear and tear except those repair of all portions of the premises to be Premises not maintained by LESSOR, including all heating and repaired by Lessor under air-conditioning equipment (including compressors, fans and ventilation ducts), and the terms of this lease. Subject to Item V , Xxxxxx agrees to keep all fixtures pertaining to heating, air conditioning, water, sewer, electrical and fire sprinkler systems specifically serving the Premises. The LESSEE shall have a HVAC service contract which will provide for an annual inspection and monthly filter changes, LESSEE shall provide the LESSOR with a copy of the contract and/or inspection reports upon written request. To the extent any contractor warranties on said equipment or system are in good order effect at the time of LESSEE’s occupancy and repairuse of the Premises, and agrees also LESSOR shall assign or otherwise make available to LESSEE such warranties for LESSEE’S use. In the event the equipment or building contractor’s warranty on any of the referenced equipment or system has expired, LESSOR shall be responsible for any damage the repair and maintenance of this item during LESSEE’S first ninety (90) day occupancy period of the Premises, LESSEE shall return the Premises to such heating air conditioning, water, sewer, electrical and sprinkler systems. Xxxxxx agrees to return said premises to Lessor LESSOR at the expiration termination of this lease LEASE in as good condition and repair as when first received, natural reasonable wear and tear excepted. Should Lessee fail Following the termination of this LEASE, and prior to make return of LESSEE’s security deposit, LESSEE shall furnish LESSOR with an inspection report from an HVAC maintenance company acceptable to LESSOR that states the Premise’s heating, ventilation and air conditioning systems are operating properly and have not suffered from neglect. Failure by LESSEE to provide LESSOR with an HVAC inspection report, or for the report to state that the Premise’s heating, ventilation and air conditioning systems have been damaged as a result of neglect, shall result in LESSOR applying part or all of LESSEE’s security deposit to obtain the inspection report or repair or replace any repairs damaged equipment. All damage or restoration for which Xxxxxx is responsible under this Leaseinjury to the Shopping Center, Lessor mayPremises, but or the Common Areas caused by the act or negligence of LESSEE, its agents, employees, or licensees shall not be obligated to, make same promptly repaired by LESSEE at Lessee’s its sole cost and expense and to the reasonable satisfaction of LESSOR. LESSOR may make such repairs which are not promptly made by LESSEE and charge LESSEE for the cost thereof shall be considered additional rent due hereunder. If Lessor elects to make said repairs or restoration, he shall provide Lessee with a 15-day notice in writing of its intention to make said repairs or restoration, and if Lessor shall thereafter make said repairs or restoration, the reasonable cost thereof shall be construed as additional rent payable immediately by Xxxxxx. Likewise if Lessor fails to make necessary repairs or restorations to those parts of the premises set forth in Item V for which it is obligated to maintain and keep in good order, and after a 15-day notice in writing by Lessee to Lessor, Lessee makes repair or restoration of same, the reasonable cost thereof shall be billed to Lessor. Lessor agrees to assign any and all warranties on heating and air conditioning units, fixtures, and all equipment installed or provided by Lessor to Lessee and to fully cooperate with Lessee in the enforcement of any of the assigned rights and obligations under such warranties. VIIAdditional Rent.

Appears in 2 contracts

Samples: Lease Agreement (Liquidgolf Holding Corp), Lease Agreement (Liquidgolf Holding Corp)

Repairs by Lessee. Lessee shall repair, maintain, replace as necessary and keep in good, clean and safe repair all portions of the Premises and all equipment, fixtures and systems therein which are not specifically set forth as the responsibility of Lessor in Paragraph 8 of this Lease; in addition, Lessee shall bear the expense of any repairs to the items which are Lessor's responsibility (under Paragraph 8, above) if made necessary by the use or misuse of Lessee, its employees, contractors, or agents; and Lessee shall bear the cost of repairs to the floor if made necessary by the nature of Lessee's or Lessee's employees', contractors' or agents' use or misuse of the Premises. Lessee's repairs and replacements shall include without limitation all mechanical, electrical, lighting, HVAC and plumbing systems serving the Premises exclusively, any trade fixtures, non-building standard fixtures or other improvements in the Premises installed by Lessee or made by or at the request of Lessee and requiring unusual or special maintenance, and any supplemental improvements, equipment or systems installed on or on behalf of Lessee. In connection therewith, Lessee shall maintain in force at all times a maintenance contract for the heating, ventilation, and air conditioning equipment providing for at least semi-annual servicing and otherwise acceptable in form and content to Lessor and with a service organization acceptable to Lessor. Lessee shall also promptly repair or replace all partitions and all glass and plate glass within the Premises immediately when cracked or broken. Lessor gives to Lessee exclusive control of the Premises and shall be under no obligation to inspect the Premises. Lessee shall at its own expense keep and maintain the premises once report in good order and writing to Lessor any defective conditions known to Lessee which Lessor is required to repair, subject and failure to promptly report such defects shall make Lessee liable to Lessor for any liability incurred by Lessor by reason of such defects, and Lessee indemnifies and holds harmless Lessor from and against all loss, cost and damage (including reasonable wear attorney's fees) arising from or related to Lessee's failure to so report such defective conditions. Lessor shall during the period of Lessee's possession of the Premises, permit Lessee to jointly exercise with Lessor the rights and tear except benefits occurring under the warranties, guaranties, and service agreements, if any, covering those portions of the premises to be maintained and repaired by Lessor under the terms of this lease. Subject to Item V , Xxxxxx agrees to keep all fixtures pertaining to heating, air conditioning, water, sewer, electrical and sprinkler systems in good order and repair, and agrees also to be responsible for any damage to such heating air conditioning, water, sewer, electrical and sprinkler systems. Xxxxxx agrees to return said premises to Lessor at the expiration of this lease in as good condition and repair as when first received, natural wear and tear excepted. Should Lessee fail to make any repairs or restoration Premises for which Xxxxxx Lessee is responsible under this Lease, Lessor may, but shall not be obligated to, make same at Lessee’s expense and the cost thereof shall be considered additional rent due hereunder. If Lessor elects to make said repairs or restoration, he shall provide Lessee with a 15-day notice in writing of its intention to make said repairs or restoration, and if Lessor shall thereafter make said repairs or restoration, the reasonable cost thereof shall be construed as additional rent payable immediately by Xxxxxx. Likewise if Lessor fails to make necessary repairs or restorations to those parts of the premises set forth in Item V for which it is obligated to maintain and keep in good order, and after a 15-day notice in writing by Lessee to Lessor, Lessee makes repair or restoration of same, the reasonable cost thereof shall be billed to Lessor. Lessor agrees to assign any and all warranties on heating and air conditioning units, fixtures, and all equipment installed or provided by Lessor to Lessee and to fully cooperate with Lessee in the enforcement of any of the assigned rights and obligations under such warranties. VIIParagraph 9 hereof.

Appears in 1 contract

Samples: Office Lease (AxoGen, Inc.)

Repairs by Lessee. Lessee shall at its own expense keep and maintain the premises in good order and repair, subject to reasonable wear maintain, replace as necessary and tear except those keep in good, clean and safe repair all portions of the premises to be maintained Premises and repaired by all equipment, fixtures and systems therein which are not specifically set forth as the responsibility of Lessor under the terms in Paragraph 8 of this leaseLease; in addition, Lessee shall bear the expense of any repairs to the items which are Lessor's responsibility (under Paragraph 8, above) if made necessary by the negligence or misuse of Lessee, its employees, or agents; and Lessee shall bear the cost of repairs to the floor if made necessary by the nature of Lessee's use of the Premises. Subject to Item V , Xxxxxx agrees to keep all fixtures pertaining to heating, air conditioning, water, sewer, electrical and sprinkler systems in good order and repair, and agrees also to be responsible for any damage to such heating air conditioning, water, sewer, electrical and sprinkler systems. Xxxxxx agrees to return said premises to Lessor at the expiration of this lease in as good condition and repair as when first received, natural wear and tear excepted. Should Lessee fail to make any repairs or restoration for which Xxxxxx is responsible under this Lease, Lessor may, but shall not be obligated to, make same at Lessee’s expense and the cost thereof shall be considered additional rent due hereunder. If Lessor elects to make said repairs or restoration, he shall provide Lessee with a 15-day notice in writing of its intention to make said repairs or restoration, and if Lessor shall thereafter make said repairs or restoration, the reasonable cost thereof shall be construed as additional rent payable immediately by Xxxxxx. Likewise if Lessor fails to make necessary repairs or restorations to those parts provisions of the premises set forth in Item V for which it is obligated to maintain next succeeding paragraph, Lessee's repairs and keep in good orderreplacements shall include without limitation all electrical, and after a 15-day notice in writing by Lessee to Lessorplumbing, Lessee makes repair or restoration of same, the reasonable cost thereof shall be billed to Lessor. Lessor agrees to assign any and all warranties on heating and air conditioning unitssystems, fixturesparts, components and fixtures within or relating to the Premises. In connection therewith, Lessee shall maintain in force at all times a maintenance contract for the heating, ventilation, and air conditioning equipment acceptable in form and content to Lessor and with a service organization acceptable to Lessor. Lessee shall also promptly repair or replace all equipment installed partitions and all glass and plate glass within the Premises immediately when cracked or provided broken. Lessor gives to Lessee exclusive control of the Premises and shall be under no obligation to inspect the Premises. Lessee shall, within a reasonable time, report in writing to Lessor any defective conditions known to Lessee which Lessor is required to repair, and failure to so report such defects shall make Lessee liable to Lessor for any liability incurred by Lessor by reason of such failure to timely report such defects, and Lessee indemnifies and holds harmless Lessor from and against all loss, cost and damage (including reasonable attorney's fees) arising from or related to fully cooperate with Lessee's failure to so report such defective conditions. Lessee shall maintain a maintenance contract for all mechanical systems in effect during the enforcement of any of the assigned rights and obligations under such warranties. VIILease term.

Appears in 1 contract

Samples: Computone Corp

Repairs by Lessee. Lessee accepts the Leased Premises in their present condition and hereby acknowledges that the Leased Premises are suited for the uses set forth in Paragraph 6.0 hereof. Lessee agrees that all office and warehouse doors and walls, light-bulbs and fixtures, electrical, plumbing fixtures and dock doors of the Leased Premises are in satisfactory condition without visible damage and will maintain such condition throughout the lease term. Lessee will notify Lessor in writing of anything to the contrary within ten (10) days of the commencement date of the lease or occupancy date whichever is earlier. Lessee shall at its own cost and expense keep and maintain the premises in good order and repair, subject to reasonable wear and tear except those portions all parts of the premises to be maintained and repaired by (except those for which Lessor is expressly responsible under the terms of this lease. Subject to Item V , Xxxxxx agrees to keep all fixtures pertaining to heating, air conditioning, water, sewer, electrical and sprinkler systems Lease) in good order condition, promptly making all necessary repairs and repairreplacements, including but not limited to, windows, glass and plate glass, doors, any special office entry, interior walls, and agrees also to be responsible for any damage to such heating air conditioningfinish work, waterfloors and floor covering, sewer, electrical and sprinkler systems. Xxxxxx agrees to return said premises to Lessor at the expiration of this lease in as good condition and repair as when first received, natural wear and tear excepted. Should Lessee fail to make any repairs or restoration for which Xxxxxx is responsible under this Lease, Lessor may, but shall not be obligated to, make same at Lessee’s expense and the cost thereof shall be considered additional rent due hereunder. If Lessor elects to make said repairs or restoration, he shall provide Lessee with a 15-day notice in writing of its intention to make said repairs or restoration, and if Lessor shall thereafter make said repairs or restoration, the reasonable cost thereof shall be construed as additional rent payable immediately by Xxxxxx. Likewise if Lessor fails to make necessary repairs or restorations to those parts of the premises set forth in Item V for which it is obligated to maintain and keep in good order, and after a 15-day notice in writing by Lessee to Lessor, Lessee makes repair or restoration of same, the reasonable cost thereof shall be billed to Lessor. Lessor agrees to assign any and all warranties on heating and air conditioning unitssystems, dock boards, dock doors, dock bumpers, paving, plumbing work and fixtures, termite and all equipment installed or provided by Lessor pest extermination, and subject to paragraph 10.0 hereinbelow; regular removal of trash and debris, regular mowing of any grass, trimming, weed removal and general landscape maintenance, including rail spur areas; if any, keeping the parking areas, driveways, alleys and the whole of the premises in a clean and sanitary condition. Lessee and agrees to fully cooperate with Lessee keep sufficient heat in the enforcement Leased Premises to keep the pipes (both water and sprinkler systems) from freezing. Should any portion of any said premises be damaged through the fault or negligence of the assigned rights and obligations under such warranties. VIILessee, its agents, employees, contractors, invitees, or customers or vandalism, malicious mischief, attempted or actual theft or illegal entry, then the Lessee agrees to promptly repair the same.

Appears in 1 contract

Samples: Stupid Pc Inc /Ga

Repairs by Lessee. Subject only to the obligations of Lessor set forth in Section 7.01 hereof, Lessee shall, at its sole expense, keep and maintain Premises and every part thereof and any fixtures, facilities or equipment contained therein, in good condition and repair, including, but not limited to floors, the heating, ventilating and air-conditioning system ("HVAC"), fire protection, which shall be maintained by a reputable sprinkler maintenance company, electrical, plumbing sewer and other utility systems, the exterior door, security grilles, window frames and all portions of Premises. Lessee shall make any replacements thereof and shall replace all broken and cracked glass. Lessee shall at its own expense keep contract to engage a reputable, certified HVAC technician for periodic servicing and maintain the premises in good order and repair, subject to reasonable wear and tear except those portions maintenance of the premises to be maintained and repaired by Lessor under the terms of this lease. Subject to Item V , Xxxxxx agrees to keep all fixtures pertaining to heating, air air-conditioning, waterand ventilation systems as recommended by the manufacturer of such equipment. Lessee's annual HVAC expenses due to repairs and replacements will be capped at $1,500.00 per year unless such repairs are a result of Lessee negligence. Lessee shall also at its expense maintain pest control, sewer, electrical and sprinkler systems in good order and repairinspection, and agrees also treatment of Premises. If Lessee refuses or neglects to be responsible for commence or complete any damage to such heating air conditioning, water, sewer, electrical of the obligations above set forth promptly and sprinkler systems. Xxxxxx agrees to return said premises to Lessor at the expiration of this lease in as good condition and repair as when first received, natural wear and tear excepted. Should Lessee fail to make any repairs or restoration for which Xxxxxx is responsible under this Leaseadequately, Lessor may, but shall not be obligated torequired to do so, make same at Lessee’s expense or complete any maintenance or repairs and Lessee shall pay the cost thereof to Lessor upon demand as Additional Rent hereunder. Alterations to Premises by Lessee, after Lease Commencement Date, shall be considered additional rent due hereundermade only with prior written consent of Lessor and under Lessor's control and supervision. If Lessor elects However, Lessor's consent shall not be unreasonably withheld in case of minor alterations to make said repairs or restoration, he shall provide Lessee with a 15-day notice in writing conform Premises to the use of its intention to make said repairs or restoration, and if Lessor shall thereafter make said repairs or restoration, the reasonable cost thereof shall be construed as additional rent payable immediately by XxxxxxLessee's business. Likewise if Lessor fails to make necessary repairs or restorations to those parts Regardless of the premises set forth in Item V for which it is obligated to maintain and keep in good order, and after a 15-day notice in writing by Lessee to any obligations otherwise imposed upon Lessor, Lessee makes repair shall pay for the cost of any repairs or restoration damage resulting from the negligence or the unlawful or willful acts of sameits employees, the reasonable cost thereof agents or invitees. Lessee at its expense may, with Lessor's consent which shall not be billed to Lessorunreasonably withheld, upfit Premises by painting, redecorating or carpet replacement. Lessor agrees to assign any It being understood and all warranties on heating agreed that Lessee takes and air conditioning unitsaccepts Premises in their present condition "as is, fixtures, where is" after inspection by Lessee and all equipment installed without representation or provided warranty by Lessor to Lessee and to fully cooperate with Lessee in the enforcement or any agent of any of the assigned rights and obligations under such warranties. VIILessor.

Appears in 1 contract

Samples: Lease Agreement (Kona Gold Solutions, Inc.)

Repairs by Lessee. Lessee LESSEE shall at its own expense keep the Demised Premises clean and free from all dirt and other refuse; keep all waste and drain pipes open within the Demised Premises; make all necessary repairs to plumbing, heating, ventilating, and air conditioning; and all other utility lines within the Premises; continuously keep and maintain every part and portion of the premises Demised Premises, in good order and repair, subject to reasonable wear and tear except those portions of the premises to be maintained and repaired by Lessor under the terms of this lease. Subject to Item V , Xxxxxx agrees to keep all fixtures pertaining to heating, air conditioning, water, sewer, electrical and sprinkler systems in good order and repair, and agrees also to be responsible for any damage to such heating air conditioning, water, sewer, electrical and sprinkler systems. Xxxxxx agrees to return said premises to Lessor at the expiration of this lease in as good condition and repair as when first received, natural wear and tear excepted. Should Lessee fail to make any repairs or restoration for which Xxxxxx is responsible under this Lease, Lessor may, but shall not be obligated to, make same at Lessee’s expense and the cost thereof shall be considered additional rent due hereunder. If Lessor elects to make said repairs or restoration, he shall provide Lessee with a 15-day notice in writing of its intention to make said repairs or restoration, and if Lessor shall thereafter make said repairs or restorationexcluding structural repairs, the reasonable cost roof, gutters, downspout and exterior walls. It is understood that "exterior walls" does not include overhead doors, personnel doors or any glass. LESSEE shall keep their sidewalk from suite to the parking area clean and unobstructed in any way. It is also understood that LESSOR retains the right to enter LESSEE's suite whenever LESSOR deems necessary to install or repair utility lines to or from adjacent suites in the building. LESSEE shall maintain throughout the Lease Term and any renewals thereof shall be construed as additional rent payable immediately by Xxxxxx. Likewise if Lessor fails to make necessary repairs or restorations to those parts a service contract for routine maintenance and inspection of the premises set forth in Item V for which it is obligated to maintain and keep in good order, and after a 15-day notice in writing by Lessee to Lessor, Lessee makes repair or restoration of same, the reasonable cost thereof shall be billed to Lessor. Lessor agrees to assign any and all warranties on heating and air conditioning unitsequipment within the Premises. Such contract shall be secured and maintained at LESSEE's expense, fixturesthrough a licensed contractor acceptable to LESSOR and shall provide for inspection and routine maintenance (e.g. filter changes, belt tightening, etc.) of all systems three times per year. LESSOR shall warrant and all equipment installed make any other repairs to the heating and air conditioning for one (1) year from the Commencement Date. LESSEE shall submit a copy of such contract to LESSOR prior to the Commencement Date and every twelve months thereafter evidencing coverage for the Premises for the upcoming twelve month period. If at any time LESSEE has not maintained the coverage provided herein, or provided if such repairs are occasioned by Lessor to Lessee and to fully cooperate with Lessee in the enforcement negligence of LESSEE, its employees, agents, or invitees, LESSOR shall have no obligations for the cost of any of the assigned rights and obligations under such warranties. VIIrepairs hereunder.

Appears in 1 contract

Samples: Videolan Technologies Inc /De/

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Repairs by Lessee. Lessee shall Lessee, during the Term of this Lease or any extension or renewal of this Lease, shall, at its own expense sole cost and expense, make all repairs as shall be reasonably necessary to keep the Premises in good repair and condition, normal wear excepted. Lessee further agrees that all damage or injury of whatever nature done to the Premises by the Lessee or by any person in or upon the Premises except the Lessor, Lessor's agents, servants and employees, shall be repaired by Lessee at its sole cost and expense. Lessor shall maintain the premises in good order and repair, subject to reasonable wear and tear except those structural portions of the premises to be maintained building, including the basic plumbing, heating and repaired by Lessor under the terms of this lease. Subject to Item V , Xxxxxx agrees to keep all fixtures pertaining to heating, air conditioning, water, sewer, electrical and sprinkler systems installed in good order and repair, and agrees also to be responsible for any damage to such heating air conditioning, water, sewer, electrical and sprinkler systems. Xxxxxx agrees to return said premises to Lessor at the expiration of this lease accordance with similar building in as good condition and repair as when first received, natural wear and tear excepted. Should Lessee fail to make any repairs or restoration for which Xxxxxx is responsible under this Lease, Lessor mayAtlanta, but taking into consideration the age of the building, unless the condition requiring such maintenance is caused in part or in whole by the act, neglect, fault or omission of any duty by Lessee, its agents, servants, employees or invitees, in which case Lessee shall not be obligated to, make same at Lessee’s expense and the cost thereof shall be considered additional rent due hereunder. If Lessor elects to make said repairs or restoration, he shall provide Lessee with a 15-day notice in writing of its intention to make said repairs or restoration, and if Lessor shall thereafter make said repairs or restoration, pay lessor the reasonable cost thereof of such maintenance or repairs. Lessor shall be construed as additional rent payable immediately by Xxxxxx. Likewise if retain duplicate keys to all doors of the Premises and Lessor fails and its agents, employees and independent contractors shall have the right to enter the premises at reasonable hours to make necessary repairs repairs, additions, alterations, and improvements that are required by this Lease or restorations are otherwise performed with lessee's prior written consent, to those parts exhibit the Premises to prospective purchasers, lenders or tenants but Lessor may enter to exhibit the Premises to prospective tenants only during the last twelve (12) months of the premises set forth in Item V Term or following any event of default for which it is obligated to maintain and keep in good orderas long as such event of default remains uncured, and after a 15-day notice in writing by to inspect the Premises to ascertain that Lessee is complying with all of its covenants and obligations hereunder. Lessor shall also have the right to Lessorenter the Premises at reasonable hours to install, Lessee makes maintain, repair or restoration of sameand replace pipes, wires, cables, duct work, conduit and utility lines through hung ceiling space and column space within the reasonable cost thereof shall be billed to LessorPremises. Lessor agrees to assign use reasonable efforts to minimize any and all warranties interference with Lessee's business caused by such entry. Lessor shall, except in the case of an emergency, afford Lessee such prior notification of an entry into the Premises as shall be reasonably practicable under the circumstances, for the purpose of exhibiting the Premises to a prospective purchaser or tenant. During such time as such work is being carried on heating and air conditioning unitsin or about the Premises, fixturespayments provided herein shall not xxxxx unless Premises or any portion thereof are rendered unusable for more than two (2) business days within any sixty (60) day period, and all equipment installed Lessee waves any claim or provided cause of action against Lessor for damages by Lessor to Lessee and to fully cooperate with Lessee in reason of interruption of Lessee's business or loss of profits therefrom because of the enforcement prosecution of any of the assigned rights and obligations under such warranties. VIIwork or any part thereof.

Appears in 1 contract

Samples: Office Building Lease (International Computex Inc)

Repairs by Lessee. Lessee shall at its own expense keep be responsible for the repair, replacement and maintain the premises maintenance in good order and repair, subject to reasonable wear con&lion of all parts and tear except those portions components of the premises to be maintained and repaired Premises other than those specified for maintenance by Lessor under above, including, without limitation, the terms of this lease. Subject to Item V plumbing, Xxxxxx agrees to keep all fixtures pertaining to heatingwiring, electrical systems, heating systems, air conditioningconditioning systems, waterglass and plate glass, sewerequipment and machinery constituting fixtures, electrical and sprinkler systems in good order and repair, and agrees also to be responsible for any damage to unless such heating air conditioning, water, sewer, electrical and sprinkler systems. Xxxxxx agrees to return said premises to Lessor at the expiration of this lease in as good condition and repair as when first received, natural wear and tear excepted. Should Lessee fail to make any repairs or restoration for which Xxxxxx is responsible under this Lease, Lessor may, but shall not be obligated to, make same at Lessee’s expense and the cost thereof shall be considered additional rent due hereunder. If Lessor elects to make said repairs or restoration, he shall provide Lessee with replacements are required solely as a 15-day notice in writing of its intention to make said repairs or restoration, and if Lessor shall thereafter make said repairs or restoration, the reasonable cost thereof shall be construed as additional rent payable immediately by Xxxxxx. Likewise if Lessor fails to make necessary repairs or restorations to those parts result of the premises set forth in Item V for which it negligence or willful misconduct of Lessor, its employees, invitees or licensees or by fire, storm or any other casualty covered by the insurance policies Lessor is obligated required to maintain and keep in good ordersuch repairs or replacements are not fully covered and paid by Lessee's insurance, and after a 15-day notice in writing by then Lessee shall pay the Lessor the full amount of expenses not covered. Lessee's duty to Lessor, Lessee makes repair or restoration of same, maintain the reasonable cost thereof shall be billed to Lessor. Lessor agrees to assign any and all warranties on heating and air conditioning unitssystems shall specifically include the duty to enter into and maintain at Lessee's sole expense during the entire Term of this Lease a contract for the routine and periodic maintenance and regular inspection of such heating and air conditioning systems, fixturesthe replacement of filters as recommended and the performance of other recommended periodic servicing in accordance with applicable manufacturer's standards and recommendations. Lessee shall provide Lessor a copy of said HVAC maintenance contract within thirty (30) days of occupancy and upon each renewal of said maintenance agreement. Such contract shall (i) be with a reputable contractor reasonably satisfactory to Lessor, (ii) satisfy the requirements for routine and periodic maintenance, if any, necessary to keep all applicable manufacturer's warranties in full force and effect; and (iii) provide that in the event this Lease expires or is earlier terminated for any reason whatsoever that said contract shall be immediately terminable by Lessor or Lessee without any cost, expense or other liability on part of Lessor. In the event Lessee fails to perform its obligations under this paragraph in a prompt manner, Lessor shall give Lessee ten (10) days' prior written notice to perform such obligations, and all equipment installed thereafter, if Lessee fails to perform such obligations within said ten (10) day period, or provided if the performance of such obligations will take more than ten (10) days to complete, and Lessee fails to commence performance of such obligations within ten (10) days of Lessor's written notice or if Lessee fails to promptly and diligently pursue the performance of such obligation until completion, Lessor shall have the right to perform such obligations on behalf of Lessee, in which event the cost of such performance, together with a service charge equal to fifteen percent (15%) of such cost, shall be due and payable by Lessee to Lessor to Lessee and to fully cooperate with Lessee in the enforcement of any of the assigned rights and obligations under such warranties. VIIimmediately upon demand as Additional Rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Gerber Childrenswear Inc)

Repairs by Lessee. Lessee shall at all times during the term of this Lease, keep and maintain at its own cost and expense in good order, condition and repair the Leased Premises (including without limitation, all improvements, fixtures and equipment thereon), making all repairs and replacements as may be necessary to keep and maintain the premises Leased Premises in as good order and repair, subject to reasonable wear and tear except those portions state of repair as it was at the premises to be maintained and repaired by Lessor under the terms commencement of this lease. Subject to Item V Lease, Xxxxxx agrees to keep all fixtures pertaining to heating, air conditioning, water, sewer, electrical and sprinkler systems in good order and repair, and agrees also to be responsible for any damage to such heating air conditioning, water, sewer, electrical and sprinkler systems. Xxxxxx agrees to return said premises to Lessor at the expiration of this lease in as good condition and repair as when first received, natural ordinary wear and tear excepted. Should Without in any way diminishing the obligation of the Lessee fail set forth above, the Lessee's obligation hereunder shall include (but not be limited to) responsibility for the repair and maintenance of the floor and floor coverings; ceiling; interior walls; the interior portion of all exterior walls; lighting fixtures; doors (interior and exterior); non-building standard plumbing and electrical fixtures, conduit, piping and equipment located within the Leased Premises; and non- building standard HVAC fixtures, conduit, piping and equipment located within the Leased Premises. In addition, Lessee shall at, its sole cost and expense, install or construct any improvements, equipment and fixtures required by any governmental or regulatory authority or agency as a consequence of the Lessee's use and occupancy of the Leased Premises. All Lessee's repairs shall be completed promptly so as to avoid additional damage, deterioration or disrepair to the Leased Premises and in no event later than 15 days after the necessity for the same is known. Notwithstanding the above, the Lessee shall replace any damaged exterior glass within 48 hours of the occurrence of such damage. Lessee's obligations hereunder shall be to repair or replace any damage or injury done to the Building, Leased Premises, its leasehold improvements or any other part thereof caused by Lessee or Lessee's agents, contractors, employees, and invitees. If Lessee fails to make any such repairs or restoration for which Xxxxxx is responsible under this Leasereplacements to the Leased Premises or its leasehold improvements promptly, Lessor may, but shall not be obligated toat its option, make same at Lessee’s expense such repairs or replacements, and Lessee shall repay the cost thereof plus a charge of ten percent (10%) to the Lessor on demand. Any damage or injury to the Leased Premises or the Building and its systems (as opposed to those involving only Lessee's leasehold improvements) and any damage or injury to Lessee's leasehold improvements which affects the Building's structural components or major mechanical, electrical or plumbing systems caused by Lessee, its agents, contractors, employees, and invitees, shall be considered additional rent due hereunder. If Lessor elects to make said repairs repaired or restoration, he shall provide Lessee with a 15-day notice in writing of its intention to make said repairs or restoration, and if Lessor shall thereafter make said repairs or restoration, the reasonable cost thereof shall be construed as additional rent payable immediately replaced by Xxxxxx. Likewise if Lessor fails to make necessary repairs or restorations to those parts of the premises set forth in Item V for which it is obligated to maintain and keep in good order, and after a 15-day notice in writing by Lessee to Lessor, Lessee makes repair or restoration but at Lessee's expense plus a charge of same, the reasonable cost thereof shall be billed to Lessor. Lessor agrees to assign any and all warranties on heating and air conditioning units, fixtures, and all equipment installed or provided by Lessor to Lessee and to fully cooperate with Lessee in the enforcement of any of the assigned rights and obligations under such warranties. VIIten percent (10%).

Appears in 1 contract

Samples: Lease Agreement (Haht Commerce Inc)

Repairs by Lessee. Lessee shall agrees at its own cost and expense to maintain, repair and keep and maintain the premises in good order and repair, subject to reasonable wear and tear except those portions interior of the premises to be maintained and repaired by Lessor under Premises forming a part of the terms of this lease. Subject to Item V , Xxxxxx agrees to keep all fixtures pertaining to heating, air conditioning, water, sewer, electrical and sprinkler systems in good order and repairbuilding, and agrees also to be responsible for all appurtenances (including interior wiring, interior plumbing, interior sewage system, heating and air cooling installation, all glazing in or bordering the Premises and any damage to such heating air conditioningstore front), water, sewer, electrical and sprinkler systems. Xxxxxx agrees to return said premises to Lessor at the expiration of this lease in as good condition and repair during the term of this Lease, excepting capital replacement or improvement of building systems that have outlived their useful life in which event Lessor will be responsible. Lessor is responsible for foundations, and structural portions of the Premises and damage to such Premises by fire, earthquake, civil insurrection, and acts of God or the elements. In the event Lessee should fail to make the repairs required of Lessee forthwith upon notice by Lessor, Lessor, in addition to all other remedies available hereunder or by law, and without waiving any said alternative remedies, may make same and Lessee agrees to repay Lessor the cost thereof as when first part of the rental (payable as such) on the next day on which rent becomes due, and failure to pay same shall carry with it the same consequences as failure to pay any installment of rental. Lessee agrees during the full term of this Lease, at its own cost and expense, to make all repairs and replacements of whatever kind or nature, either to the interior or exterior of said Premises, rendered necessary by reason of any act or omission of Lessee or its agents, servants or employees. Upon lease termination, Lessee shall surrender unto Lessor the Premises in the same condition as received, natural ordinary wear and tear and damage by fire, earthquake, civil insurrection, acts or God or the elements alone excepted. Should Lessee fail to make any repairs or restoration for which Xxxxxx is responsible under this LeaseNotwithstanding the foregoing, Lessor may, but shall not be obligated to, make same at Lessee’s expense and repair damages to the cost thereof shall be considered additional rent due hereunder. If Premises caused by acts or omissions of Lessor elects or it's authorized representatives or agents or the Lessor's failure to make said repairs or restoration, he shall provide Lessee with a 15-day notice in writing of perform its intention to make said repairs or restoration, and if Lessor shall thereafter make said repairs or restoration, the reasonable cost thereof shall be construed as additional rent payable immediately by Xxxxxx. Likewise if Lessor fails to make necessary repairs or restorations to those parts of the premises set forth in Item V for which it is obligated to maintain and keep in good order, and after a 15-day notice in writing by Lessee to Lessor, Lessee makes repair or restoration of same, the reasonable cost thereof shall be billed to Lessor. Lessor agrees to assign any and all warranties on heating and air conditioning units, fixtures, and all equipment installed or provided by Lessor to Lessee and to fully cooperate with Lessee in the enforcement of any of the assigned rights and obligations under such warrantiesParagraph b, herein below. VIILessor:_Lessee:_

Appears in 1 contract

Samples: Assignment and Assumption of Agreement (Biomarin Pharmaceutical Inc)

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