Repairs by Tenant. Subject to the provisions of Article 6, Section 7.2(a), and Articles 13 and 15, and except to the extent Landlord is required or elects to perform or pay for certain maintenance or repairs in accordance with said Sections, Tenant shall, at Tenant’s sole expense, at all times during the Term, maintain in good order and repair and in compliance with all applicable Laws, the Premises and all fixtures, glass (other than the exterior glass curtain wall unless Tenant or its employees, agents, contractors or invitees shall have damaged the same), appurtenances and equipment therein (including promptly and adequately repairing, restoring and/or replacing all portions that are damaged or broken), including, without limitation, Tenant’s entire distribution system for all of the Building Systems that serve the Premises up to the point at which such distribution system connects to the Building System, i.e., (i) Tenant’s entire air distribution ceiling duct system to the point at which the same connects to the main distribution duct for the Premises located in the core area of the Building (but not the perimeter heating/cooling units located around the perimeter of the Premises, which units shall be repaired by Landlord except to the extent to which the same are damaged by Tenant), (ii) Tenant’s entire electrical system to the panel box that services the Premises, (iii) all water and waste lines and fixtures to the point at which the same connect to the vertical pipes and wet columns located in the core of the Building, (iv) the portion of the “Class E” fire safety system within the Premises and (v) any and all supplemental and other systems located in and/or exclusively serving the Premises. Tenant shall also repair, restore and/or replace all damage and injury to the Premises or to any portion of the Building or the Building Systems outside of the Premises (including, without limitation, the rough floor, the rough ceiling, exterior walls and load bearing columns and other structural elements) caused by or arising from any acts or omissions of Tenant or Tenant’s agents, contractors or employees. All repairs and other work performed by Tenant or Tenant’s contractors (which shall be subject to Landlord’s approval in accordance with the provisions of Article 10) shall (i) be performed in compliance with all of the provisions of Article 10 of this Lease, (ii) be performed in a first-class workmanlike manner using only grades of materials at least equal in quality to Building standard materials and (iii) comply with all insurance requirements and all applicable Laws.
Appears in 1 contract
Repairs by Tenant. Subject to the provisions of Article 6, Section 7.2(a), and Articles 13 and 15, and except to the extent Landlord is required or elects to perform or pay for certain maintenance or repairs in accordance with said Sections, Tenant shallTenant, at Tenant’s sole its expense, at all times during shall take good care of and maintain the Term, maintain in good order and repair and in compliance with all applicable Laws, the Premises and all fixtures, glass (other than the exterior glass curtain wall unless Tenant or its employees, agents, contractors or invitees shall have damaged the same), appurtenances and equipment therein (including promptly and adequately repairing, restoring and/or replacing all portions that are damaged or broken)Premises, including, without limitation, Tenant’s entire (a) the Initial Alterations and any Alterations, (b) the package air conditioning unit(s) and the internal air distribution system for located in and serving the Premises, (c) the internal electrical system servicing the Premises, (d) all of the Building Systems that serve plumbing fixtures and lines in and serving the Premises up to the point at which such distribution system connects to same join the Building System, i.e.vertical risers for the Building, (ie) Tenant’s entire air distribution ceiling duct system the life safety and emergency power and/or any other systems to the point at which the same connects to join the main distribution duct vertical risers for the Premises located in Building and (f) Tenant's Property; provided, however, that Tenant shall only be responsible for exterior or structural repairs if the core area need for same arises out of (i) the Building (but not the perimeter heating/cooling units located around the perimeter making, installation, use, operation or existence of the Premises, which units shall be repaired Alterations by Landlord except to the extent to which the same are damaged by or on behalf of Tenant), (ii) the moving of Tenant’s entire electrical system to 's Property and/or other materials, supplies, etc. in or out of the panel box that services Building or the Premises, (iii) all water and waste lines and fixtures the negligence or wilful misconduct of Tenant or any other occupant of the Premises or any of Tenant's employees, contractors, agents, licensees or invitees or their manner of use or occupancy of the Premises, subject, however, in the case of fire or other insured casualty, to the point at which the same connect waiver set forth in Section 17.04, or (iv) Tenant's compliance or noncompliance with Legal Requirements in accordance with Section 10.01. Any repairs to the vertical pipes Building or Building Systems (including those elements of the Building Systems described in clauses (a) through (e) above) shall be performed by Landlord at Tenant's expense (including a supervisory charge, in addition to charges for general conditions, equal to ten percent (10%) of the trade cost of such repairs and wet columns located in any other costs incurred by Landlord), unless Landlord elects by notice to Tenant to have Tenant perform such repairs at Tenant's sole cost and expense. Tenant shall promptly notify Landlord of the core need for structural repairs, repairs to the exterior (including exterior glass) of the Building, (iv) the portion of the “Class E” fire safety system within the Premises and (v) any and all supplemental and other systems located in and/or exclusively serving the Premises. Tenant shall also repair, restore and/or replace all damage and injury to the Premises or repairs to any portion of the Building or the Building Systems outside which are the responsibility of the Premises (including, without limitation, the rough floor, the rough ceiling, exterior walls and load bearing columns and other structural elements) caused by or arising from any acts or omissions of Tenant or Tenant’s agents, contractors or employees. All repairs and other work performed by Tenant or Tenant’s contractors (which Landlord shall be subject responsible to make repairs which are required as a result of Landlord or Landlord’s approval in accordance with the provisions of Article 10) shall 's employees (i) be performed in compliance with all of the provisions of Article 10 of this Leasecollectively, (ii) be performed in a first-class workmanlike manner using only grades of materials at least equal in quality to Building standard materials and (iii) comply with all insurance requirements and all applicable Laws"Landlord's Agents").
Appears in 1 contract
Repairs by Tenant. Subject to the provisions terms of Article 6, Section 7.2(a), and Articles Sections 13 and 15, and except to the extent Landlord is required or elects to perform or pay for certain maintenance or repairs in accordance with said Sections, Tenant shall, at Tenant’s 's sole expense, at all times during the Term, maintain in good order and repair and in compliance with all applicable Laws, the Premises and all fixtures, glass (other than the exterior glass curtain wall unless Tenant or its employees, agents, contractors or invitees shall have damaged the same)glass, appurtenances and equipment therein (including therein, including, without limitation, promptly and adequately repairing, restoring and/or replacing all portions that are damaged or broken), including, without limitation, Tenant’s the entire distribution system for all of the Building Systems that serve the Premises up to the point at which such distribution system connects to the Building System, i.e., (i) Tenant’s 's entire air air' distribution ceiling duct system to the point at which the same connects to the main distribution duct for the Premises located in the core area of the Building (but not the perimeter heating/cooling units located around the perimeter of the Premises, which units shall be repaired by Landlord except to the extent to which the same are damaged by Tenant), (ii) Tenant’s 's entire electrical system to the panel box that services the Premises, (iii) all water and waste lines and fixtures to the point at which the same connect to the vertical pipes and wet columns located in the core of the Building, (iv) the portion of the “"Class E” " fire safety system within the Premises and (v) any and all supplemental and other systems located in and/or exclusively serving the Premises, whether or not such repairs pertain to improvements in the Premises furnished or installed by Landlord, but excluding the core Building Systems, rough floor, rough ceiling, exterior walls and load bearing columns in the Premises, whether such repairs, replacements or restorations shall be foreseen or unforeseen, ordinary or extraordinary. Tenant shall also repair, restore and/or replace all damage and injury to the Premises (including, without limitation, any portion of the Building Systems therein) or to any portion of the Building or the Building Systems outside of the Premises (including, without limitation, the rough floor, the rough ceiling, exterior walls and load bearing columns and other structural elements) caused by or arising from any acts or omissions of Tenant or Tenant’s 's agents, contractors or employees. All repairs and other work performed by Tenant or Tenant’s 's contractors (which shall be subject to Landlord’s approval in accordance with the provisions of Article 10's approval) shall (i) be performed in compliance with all of the provisions of Article Section 10 of this Lease, (ii) be performed in a first-class workmanlike manner using only grades of materials at least equal in quality to Building standard materials and (iii) comply with all insurance requirements and all applicable Laws.
Appears in 1 contract
Repairs by Tenant. Subject to the provisions of Article 6, Section 7.2(a), and Articles 13 and 15, and except to the extent Landlord is required Tenant at its expense (or elects to perform or pay for certain maintenance or repairs in accordance with said Sections, Tenant shallLandlord, at Tenant’s sole expense, at all times during the Term, maintain in as otherwise set forth herein) shall take good order and repair and in compliance with all applicable Laws, care of the Premises and the fixtures therein, and shall repair any non-structural damage to the Premises as and when needed to preserve them in good working order and condition. Tenant acknowledges that such obligation applies to, without limitation, (a) all fixturescore toilet rooms and service elevator corridors located on the floor of the Premises if Tenant shall lease all of the leasable area thereof, glass (b) all systems (other than base Building systems) exclusively serving the exterior glass curtain wall unless Premises to the extent the same are located in the Premises, including any Supplemental HVAC System (including the Existing AC Units) and any security control system serving the Premises (it being agreed that Tenant shall be responsible for any monthly maintenance fee payable in connection therewith), (c) any systems (other than Building systems) located outside of the Premises to the extent such systems exclusively serve the Premises, (d) Tenant’s Insurable Property, and (e) those portions of the base Building systems located within and exclusively serving the Premises, from the point of connection on the floor of the Premises to the Premises, (items (a) through (e) being referred to collectively as “Tenant’s Maintenance Items”). By way of example only of the items referred to in clause (c) above, Tenant shall be responsible for the maintenance and repair (but subject to the terms of the following sentence) of the following items with respect to the Premises (it being acknowledged by Landlord that the following list contain most of the currently anticipated items referred to in clause (c) above): (i) the electrical system serving the Premises from (but not including) the bus duct, including the transformers, switches and panels (but not the submeters), (ii) the plumbing and sanitary systems and installations serving the Premises from the points of connection to (but not including) the main vertical risers and stacks of the Building, including any private bathrooms and shower facilities, (iii) the sprinkler system serving the Premises from the point of connection to (but not including) the tamper and flow valves and (iv) the fire alarms serving the Premises from the point of connection to (but not including) the main fire alarm panel. Any repairs (1) in or to the Building outside of the Premises (including to any of the base Building systems) for which Tenant is responsible for as Tenant’s Maintenance Items and (2) to the core toilet rooms and service elevator corridors located on the floor of the Premises if Tenant shall lease all of the leasable area thereof, shall be performed by Landlord at Tenant’s expense equal to Landlord’s Charge therefor. With respect to any of the Tenant Maintenance Items (other than those referred to in the foregoing sentence), at the election of Tenant, any work by Tenant with respect to any of the Tenant Maintenance Items (other than those referred to in the foregoing sentence) may be performed by Landlord, in which event Tenant shall pay to Landlord as additional rent Landlord’s Charge therefor. Subject to the preceding two sentences and Section 16.07 below, all damage or injury, whether structural or non-structural, to the Building or to its fixtures, glass, appurtenances and equipment caused by the negligence or willful misconduct of Tenant, its employees, agents, contractors or invitees licensees, shall have damaged the same)be repaired, appurtenances and equipment therein (including restored or replaced promptly and adequately repairing, restoring and/or replacing all portions that are damaged or broken), including, without limitation, by Tenant at Tenant’s entire distribution system for all of the Building Systems that serve the Premises up to the point at which such distribution system connects to the Building System, i.e., sole cost and expense or by Landlord (i) Tenant’s entire air distribution ceiling duct system to the point at which the same connects to the main distribution duct for the Premises located as set forth in the core area of the Building (but not the perimeter heating/cooling units located around the perimeter of the Premises, which units shall be repaired by Landlord except to the extent to which the same are damaged by Tenant), (ii) Tenant’s entire electrical system to the panel box that services the Premises, (iii) all water and waste lines and fixtures to the point at which the same connect to the vertical pipes and wet columns located in the core of the Building, (iv) the portion of the “Class E” fire safety system within the Premises and (v) any and all supplemental and other systems located in and/or exclusively serving the Premises. Tenant shall also repair, restore and/or replace all damage and injury to the Premises or to any portion of the Building or the Building Systems outside of the Premises (including, without limitation, the rough floor, the rough ceiling, exterior walls and load bearing columns and other structural elements) caused by or arising from any acts or omissions of Tenant or Tenant’s agents, contractors or employees. All repairs and other work performed by Tenant or Tenant’s contractors (which shall be subject to Landlord’s approval in accordance with the provisions of Article 10) shall (i) be performed in compliance with all of the provisions of Article 10 of this Lease, (ii) be performed in a first-class workmanlike manner using only grades of materials at least equal in quality to Building standard materials and (iii) comply with all insurance requirements and all applicable Laws.preceding two
Appears in 1 contract
Samples: Lease (Olo Inc.)
Repairs by Tenant. Subject Except for the maintenance, repair and replacement to be performed by Landlord pursuant to Sections 6.01 and 12.02, Tenant at its expense shall take good care of the provisions of Article 6, Section 7.2(a)Premises and the fixtures therein, and Articles 13 Landlord, at Tenant's sole cost and 15expense, and except to the extent Landlord is required caused by Landlord's gross negligence or elects willful misconduct (which shall be equal to perform or pay for certain maintenance or repairs in accordance with said SectionsLandlord's Charge therefor), Tenant shall, at Tenant’s sole expense, at all times during shall repair any damage to the Term, maintain Premises as and when needed to preserve them in good working order and repair and in compliance with condition. Tenant acknowledges that such obligation applies to, without limitation, (a) all applicable Laws, the Premises and all fixtures, glass systems (other than Building systems) exclusively serving the exterior glass curtain wall unless Premises to the extent the same are located in the Premises, including any Supplemental HVAC System and any access control system serving the Premises (it being agreed that Tenant shall be responsible for any monthly maintenance fee payable in connection therewith), (b) all systems (other than Building systems) located outside of the Premises to the extent such systems exclusively serve the Premises, (c) Tenant's Insurable Property, and (d) those portions of the Building systems located within and exclusively serving the Premises, from the point of connection on the floor of the Premises to the Premises; provided, however, with respect to clauses (a)-(c) above, if (1) Tenant shall fail to perform such repairs within thirty (30) days of Landlord's notice or (2) Tenant elects to have Landlord perform such repairs, Landlord shall perform such repairs at Tenant's sole cost and expense (which shall be equal to Landlord's Charge therefor). By way of example only, Tenant shall be responsible for the maintenance and repair of (i) the electrical system serving the Premises from, but not including, the lighting and utility panels in the core closets, (ii) the plumbing and sanitary systems and installations serving the Premises (including any pantry facilities) from the points of connection to, but not including, the main vertical risers and stacks of the Building, (iii) the sprinkler system serving the Premises from the point of connection to, but not including, the main distribution loop and (iv) the fire alarms devices within the Premises from the point of connection to, but not including, the wiring connecting said devices. If (x) Landlord believes an emergency exists or (y) Tenant fails to perform any work required by this Section 12.01 and such failure continues for five (5) days after notice from Landlord, then, at the election of Landlord, any work by Tenant with respect to any of the items above may be performed by Landlord, in which event Tenant shall pay to Landlord Landlord's Charge therefor as additional rent within twenty (20) days after demand. Subject to Section 16.07 below, all damage or injury, whether structural or non-structural, to the Building or to its fixtures, glass, appurtenances and equipment caused by the negligence or willful misconduct of Tenant, its employees, agents, contractors or invitees shall have damaged the same)licensees, appurtenances and equipment therein (including promptly and adequately repairing, restoring and/or replacing all portions that are damaged or broken), including, without limitation, Tenant’s entire distribution system for all of the Building Systems that serve the Premises up to the point at which such distribution system connects to the Building System, i.e., (i) Tenant’s entire air distribution ceiling duct system to the point at which the same connects to the main distribution duct for the Premises located in the core area of the Building (but not the perimeter heating/cooling units located around the perimeter of the Premises, which units shall be repaired repaired, restored or replaced promptly by Landlord except to the extent to which the same are damaged by at Tenant), (ii) Tenant’s entire electrical system to the panel box that services the Premises, (iii) all water 's sole cost and waste lines and fixtures to the point at which the same connect to the vertical pipes and wet columns located in the core of the Building, (iv) the portion of the “Class E” fire safety system within the Premises and (v) any and all supplemental and other systems located in and/or exclusively serving the Premises. Tenant shall also repair, restore and/or replace all damage and injury to the Premises or to any portion of the Building or the Building Systems outside of the Premises (including, without limitation, the rough floor, the rough ceiling, exterior walls and load bearing columns and other structural elements) caused by or arising from any acts or omissions of Tenant or Tenant’s agents, contractors or employees. All repairs and other work performed by Tenant or Tenant’s contractors expense (which shall be equal to Landlord's Charge therefor) and all such expenses shall be paid by Tenant to Landlord as additional rent. All aforesaid repairs, restorations and replacements shall be in quality and class equal to the original work or installations to the extent practicable and shall be done in a good and workmanlike manner upon and subject to Landlord’s approval in accordance with the provisions of Article 10) shall (i) be performed in compliance with all of the provisions of Article 10 terms of this Lease, (ii) be performed in a first-class workmanlike manner using only grades of materials at least equal in quality to Building standard materials and (iii) comply with all insurance requirements and all applicable Laws.
Appears in 1 contract
Samples: Progenics Pharmaceuticals Inc
Repairs by Tenant. Subject to the provisions of Article 6, Except as expressly set forth in Section 7.2(a), and Articles 13 and 15, 8.01 and except to the extent Landlord is required or elects to perform or pay for certain maintenance or repairs customary cleanings as provided in accordance with said SectionsSection 6.03 and damages covered by Article 19, Tenant shallTenant, at Tenant’s sole its expense, at all times during shall keep the TermPremises good and sanitary condition, maintain in good working order and repair and in compliance with all applicable Laws, the Premises and all fixtures, glass (other than the exterior glass curtain wall unless Tenant or its employees, agents, contractors or invitees shall have damaged the same), appurtenances and equipment therein (including promptly and adequately repairing, restoring and/or replacing all portions that are damaged or broken)repair, including, without limitation, Tenant’s entire (a) any Alterations, (b) the internal air distribution system for all of the Building Systems that serve located in and exclusively serving the Premises up to the point at which such distribution system connects to the Building System, i.e., (i) Tenant’s entire air distribution ceiling duct system to the point at which the same connects to the main distribution duct for the Premises (except for the perimeter induction units serving the Premises, even if located in the core area of Premises), (c) the Building (but not the perimeter heating/cooling units internal electrical system located in and around the perimeter of Tenant’s electrical closet and exclusively servicing the Premises, which units shall be repaired by Landlord except (d) all plumbing fixtures and lines in and serving the Premises exclusively to the extent point at which same join the main vertical risers for the Building, (e) the life safety and emergency power systems exclusively servicing the Premises to the point at which same join the main vertical risers for the Building, (f) Tenant’s Property, and (g) the Terrace pursuant to Section 28; provided, however, that Tenant shall only be responsible for exterior (other than the Terrace) or structural repairs if the need for same are damaged arises out of (i) the making, installation, use, operation or existence of Alterations by or on behalf of Tenant), (ii) the moving of Tenant’s entire electrical system to Property in or out of the panel box that services Building or the Premises, (iii) all water and waste lines and fixtures the negligence of Tenant or any other occupant of the Premises or any of Tenant’s employees, contractors, agents, licensees or invitees or their manner of use or occupancy of the Premises, subject, however, in the case of fire or other insured casualty, to the point waiver set forth in Section 16.04, or (iv) Tenant’s compliance or non-compliance with Legal Requirements in accordance with Section 9.01. Any repairs to the Building, or Building Systems (including those elements of the Building Systems described in clauses (a) through (e) above) shall be performed by Landlord at Tenant’s expense, unless Landlord elects by notice to Tenant to have Tenant perform such repairs. If Landlord performs any such repair to the Building for which Tenant is responsible, (i) Landlord shall perform the same connect promptly and shall use reasonable efforts to do so in a manner so as to minimize interference with the ability of the occupants of the Premises to conduct in the Premises the business typically conducted therein, and (ii) the cost to Tenant therefore shall be limited to Landlord’s actual out-of-pocket costs, reasonably incurred, (which, for the purposes hereof, may include charges allocable to work performed by Building employees). Tenant, at Tenant’s expense, shall have the right to monitor the progress of such repair taken by Landlord. Tenant shall promptly notify Landlord of Tenant’s knowledge of the need for structural repairs, repairs to the vertical pipes and wet columns located in the core exterior (including exterior glass) of the Building, (iv) and/or repairs to any Building Systems which are the portion responsibility of Tenant. In no event shall Tenant be required to make, be responsible for, or pay for any repairs which are required as a result of the “Class E” fire safety system within the Premises and (v) any and all supplemental and other systems located in and/or exclusively serving the Premises. Tenant shall also repair, restore and/or replace all damage and injury to the Premises negligent act or to any portion negligent omission or willful misconduct of the Building Landlord or the Building Systems outside of the Premises (including, without limitation, the rough floor, the rough ceiling, exterior walls and load bearing columns and other structural elements) caused by or arising from any acts or omissions of Tenant or TenantLandlord’s agents, contractors employees or employees. All repairs and other work performed by Tenant or Tenant’s contractors (which shall be subject to Landlord’s approval in accordance with the provisions of Article 10) shall (i) be performed in compliance with all of the provisions of Article 10 of this Lease, (ii) be performed in a first-class workmanlike manner using only grades of materials at least equal in quality to Building standard materials and (iii) comply with all insurance requirements and all applicable Lawscontractors.
Appears in 1 contract
Samples: MF Global Ltd.
