REPAIRS; MAINTENANCE. Subject to Landlord's obligations under Section 7(a) above, Tenant shall maintain the Premises in a clean and safe condition and in as good and operable condition as exists after the completion of the Work (as hereinafter defined) and any other alterations, additions or improvements performed by Tenant, reasonable wear and tear and damage by fire, other casualty and eminent domain excepted, and shall not permit or allow to remain any waste or damage to any portion of the Building. Tenant shall repair or replace, subject to Landlord's direction and supervision, all systems serving the Premises and any improvement installed by a Tenant party within the Premises and any damage to the Building caused by a Tenant Party. If Tenant fails to make such repairs or replacements within 30 days (or such shorter period of time required to prevent any damage from occurring to the Building) after the occurrence of such damage, then Landlord may make the same at Tenant's cost. If any such damage occurs outside of the Premises, then Landlord may, after written notice to Tenant, elect to repair such damage at Tenant's expense, rather than having Tenant repair such damage. The cost of all repair or replacement work performed by Landlord under this Section 8 shall be paid by Tenant to Landlord within ten days after Landlord has invoiced Tenant therefor.
Appears in 2 contracts
Sources: Lease Agreement (Evergreen Solar Inc), Lease Agreement (Evergreen Solar Inc)
REPAIRS; MAINTENANCE. Subject to Except for Landlord's ’s obligations under Section 7(a) abovethis Lease, Tenant shall maintain the Premises in a clean and safe condition and in as good clean, safe, and operable condition as exists after the completion of the Work (as hereinafter defined) and any other alterations, additions or improvements performed by Tenant, reasonable wear and tear and damage by fire, other casualty and eminent domain exceptedcondition, and shall not permit or allow to remain any waste or damage to any portion of the BuildingPremises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer's suggested service programs, all portions of the Premises, Tenant's Off-Premises Equipment and all areas, improvements and systems exclusively serving the Premises. Tenant shall repair or replace, subject to Landlord's direction and supervision, all systems serving the Premises and any improvement installed by a Tenant party within the Premises and any damage to the Building caused by a Tenant Party. If Tenant fails to make such repairs or replacements within 30 15 days (or such shorter period of time required to prevent any damage from occurring to the Building) after the occurrence of such damage, then Landlord may make the same at Tenant's cost. If any such damage occurs outside of the Premises, then Landlord may, after written notice to Tenant, may elect to repair such damage at Tenant's expense, rather than having Tenant repair such damage. The actual cost of all maintenance, repair or replacement work performed by Landlord under this Section 8 shall be paid by Tenant to Landlord within ten 30 days after Landlord has invoiced Tenant therefor.
Appears in 1 contract
REPAIRS; MAINTENANCE. Subject to Landlord's obligations under Section 7(a) above, Tenant shall maintain the Premises in a clean and safe condition and in as good clean, safe, and operable condition as exists after the completion of the Work (as hereinafter defined) and any other alterations, additions or improvements performed by Tenant, reasonable wear and tear and damage by fire, other casualty and eminent domain exceptedcondition, and shall not permit or allow to remain any waste or damage to any portion of the BuildingPremises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all of Tenant’s Off-Premises Equipment (as defined in Section 1 above). To the extent not covered by Landlord’s insurance, Tenant shall repair or replace, subject to Landlord's ’s direction and supervision, all systems serving the Premises and supervision as to any improvement installed by a Tenant party area other than within the Premises and Premises, any damage to the Building Buildings caused by a any negligence or willful misconduct of any Tenant Party. If Tenant fails to make such repairs or replacements within 30 fifteen (15) days (or such shorter period of time required to prevent any damage from occurring to the Building) after the occurrence of such damage, then Landlord may make the same at Tenant's ’s cost. If any such damage occurs outside of the Premises, then Landlord may, after written notice to Tenant, may elect to repair such damage at Tenant's ’s expense, rather than having Tenant repair such damage. The cost of all maintenance, repair or replacement work performed by Landlord under this Section 8 7 shall be paid by Tenant to Landlord within ten thirty (30) days after Landlord has invoiced Tenant therefor.
Appears in 1 contract
Sources: Lease Agreement (Omega Protein Corp)
REPAIRS; MAINTENANCE. Subject to Landlord's obligations under Section 7(a) above, Tenant shall at its sole expense maintain the Premises in a clean and safe condition and in as good clean, safe, and operable condition as exists after the completion of the Work (as hereinafter defined) and any other alterations, additions or improvements performed by Tenant, reasonable wear and tear and damage by fire, other casualty and eminent domain exceptedcondition, and shall not permit or allow to remain any waste or damage to any portion of the BuildingPremises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws, the Underlying Documents and the equipment manufacturer’s suggested service programs, all portions of the Premises, Tenant’s Off-Premises Equipment and all areas, improvements and systems exclusively serving the Premises. Tenant shall repair or replace, subject to Landlord's ’s direction and supervision, all systems serving the Premises and any improvement installed by a Tenant party within the Premises and any damage to the Building caused by a Tenant Party. If Tenant fails to make such repairs or replacements within 30 fifteen (15) days (or such shorter period of time required to prevent any damage from occurring to the Building) after the occurrence of such damage, then Landlord may make the same at Tenant's ’s cost. If any such damage occurs outside of the Premises, then Landlord may, after written notice to Tenant, may elect to repair such damage at Tenant's expense’s expense using Landlord’s usual contractor for such work and at competitive rates, rather than having Tenant repair such damage. The cost of all maintenance, repair or replacement work performed by Landlord under this Section 8 shall be paid by Tenant to Landlord within ten thirty (30) days after Landlord has invoiced Tenant therefor, together with reasonable supporting evidence.
Appears in 1 contract
Sources: Lease Agreement (Hipcricket, Inc.)
REPAIRS; MAINTENANCE. Subject to Landlord's obligations under Section 7(a) above, Tenant shall maintain the Premises in a clean and safe condition and in as good clean, safe, and operable condition as exists after the completion of the Work (as hereinafter defined) and any other alterations, additions or improvements performed by Tenant, reasonable wear and tear and damage by fire, other casualty and eminent domain exceptedcondition, and shall not permit or allow to remain any waste or damage to any portion of the BuildingPremises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, all portions of the Premises, Tenant’s Off-Premises Equipment and all areas, improvements and systems exclusively serving the Premises, except with respect to those portions of the Premises that Landlord is obligated to repair, replace and maintain in connection with provision of the services set forth in Section 7(a) above. Tenant shall repair or replace, subject to Landlord's ’s direction and supervision, all systems serving the Premises and any improvement installed by a Tenant party within the Premises and any damage to the Building caused by a Tenant Party. If Tenant fails to make such repairs or replacements within 30 15 days (or such shorter period of time required to prevent any damage from occurring to the Building) after the occurrence of such damage, then Landlord may make the same at Tenant's ’s cost. If any such damage occurs outside of the Premises, then Landlord may, after written notice to Tenant, may elect to repair such damage at Tenant's ’s expense, rather than having Tenant repair such damage. The cost of all maintenance, repair or replacement work performed by Landlord under this Section 8 shall be paid by Tenant to Landlord within ten 30 days after Landlord has invoiced Tenant therefor.
Appears in 1 contract
REPAIRS; MAINTENANCE. Subject to Landlord's obligations under Section 7(a) above, Tenant shall maintain the Premises in a clean and safe condition and in as good clean, safe, and operable condition as exists after the completion of the Work (as hereinafter defined) and any other alterations, additions or improvements performed by Tenant, reasonable wear and tear and damage by fire, other casualty and eminent domain exceptedcondition, and shall not permit or allow to remain any waste or damage to any portion of the BuildingPremises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer's suggested service programs, all portions of the Premises, Tenant's Off-Premises Equipment and all areas, improvements and systems exclusively serving the Premises. Tenant shall repair or replace, subject to Landlord's direction and supervision, all systems serving the Premises and any improvement installed by a Tenant party within the Premises and any damage to the Building caused by a Tenant Party. If Tenant fails to make such repairs or replacements within 30 five business days after written notice from Landlord (or such shorter longer period of time as may be reasonably required provided Tenant commences to prevent any damage from occurring perform such required repairs or replacements within such five business-day period and proceeds diligently to the Building) after the occurrence of such damagecompletion), then Landlord may make the same at Tenant's cost. If any such damage occurs outside of the Premises, then Landlord may, after written notice to Tenant, may elect to repair such damage at Tenant's expense, rather than having Tenant repair such damage. The cost reasonable costs of all maintenance, repair or replacement work performed by Landlord under this Section 8 shall be paid by Tenant to Landlord within ten 30 days after Landlord has invoiced Tenant therefor.
Appears in 1 contract
REPAIRS; MAINTENANCE. Subject to Landlord's obligations under Section 7(a) above, Tenant shall at its sole expense maintain the Premises in a clean and safe condition and in as good clean, safe, and operable condition as exists after the completion of the Work (as hereinafter defined) and any other alterations, additions or improvements performed by Tenant, reasonable wear and tear and damage by fire, other casualty and eminent domain exceptedcondition, and shall not permit or allow to remain any waste or damage to any portion of the BuildingPremises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws, the Underlying Documents and the equipment manufacturer’s suggested service programs, all portions of the Premises, Tenant’s Off-Premises Equipment and all areas, improvements and systems exclusively serving the Premises. Tenant shall repair or replace, subject to Landlord's ’s direction and supervision, all systems serving the Premises and any improvement installed by a Tenant party within the Premises and any damage to the Building caused by a Tenant Party. If Tenant fails to make such repairs or replacements within 30 thirty (30) days (or such shorter period of time required to prevent any damage from occurring to the Building) after the occurrence of such damage, then Landlord may make the same at Tenant's ’s cost. If any such damage occurs outside of the Premises, then Landlord may, after written notice to Tenant, may elect to repair such damage at Tenant's expense’s expense using Landlord’s usual contractor for such work and at competitive rates, rather than having Tenant repair such damage. The cost of all maintenance, repair or replacement work performed by Landlord under this Section 8 shall be paid by Tenant to Landlord within ten thirty (30) days after Landlord has invoiced Tenant therefor, together with reasonable supporting evidence.
Appears in 1 contract
Sources: Lease Agreement (Glu Mobile Inc)
REPAIRS; MAINTENANCE. Subject to Landlord's obligations under Except as otherwise provided in Section 7(a) above7, Tenant shall maintain the Premises Premises, the Building, and the Project (including the Building’s Systems) in a clean and safe condition and in as good clean, safe, and operable condition as exists after the completion of the Work (as hereinafter defined) and any other alterations, additions or improvements performed by Tenant, reasonable wear and tear and damage by fire, other casualty and eminent domain exceptedcondition, and shall not permit or allow to remain any waste or damage to any portion of the Premises, the Building, and the Project. Tenant shall keep the same in good order, condition, and repair, and Tenant shall make and perform all necessary maintenance thereof and all necessary repairs thereto. All repairs made by Tenant shall be at least equal in quality to the original work, shall be constructed of substantially similar materials, and shall be made by Tenant in accordance with all Laws. The necessity for or adequacy of maintenance and repairs shall be measured by the standards which are appropriate for improvements of similar construction and class, provided that Tenant shall in any event make all repairs necessary to avoid any structural damage or other damage or injury to the Project, any other property, or any other persons. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in accordance with all Laws and the equipment manufacturer's suggested service programs, all portions of the Premises, Tenant's equipment and all areas, improvements and systems exclusively serving the Premises. Tenant shall repair or replace, subject to Landlord's direction and supervision, all systems serving the Premises and any improvement installed by a Tenant party within the Premises and any damage to the Building caused by a Tenant Party. If Tenant fails to make such repairs or replacements within 30 15 days (or such shorter period of time required to prevent any damage from occurring to the Building) after the occurrence of such damage, then Landlord may make the same at Tenant's cost. If any such damage occurs outside of the Premises, then Landlord may, after written notice to Tenant, may elect to repair such damage at Tenant's expense, rather than having Tenant repair such damage. The cost of all maintenance, repair or replacement work performed by Landlord under this Section 8 shall be paid by Tenant to Landlord within ten 10 days after Landlord has invoiced Tenant therefor.
Appears in 1 contract
Sources: Lease Agreement (Alco Stores Inc)
REPAIRS; MAINTENANCE. Subject to Landlord's obligations under Section 7(a) above, Tenant shall maintain the Premises in a clean clean, safe, and safe operable condition. Tenant, at Tenant’s expense, shall comply with all Laws pertaining to Tenant’s use of the Premises and with the recorded covenants, conditions and restrictions, regardless of when they became effective, including, without limitation, all applicable Laws pertaining to air and water quality Hazardous Materials, waste disposal, air emissions and other environmental matters, all zoning and other land use matters, and utility availability, and with any direction of any public officer or officers, pursuant to Law, which shall impose any duty upon Landlord or Tenant with respect to the use or occupation of the Premises. Additionally, Tenant, at its sole expense, shall repair, replace and maintain in good condition and in as good accordance with all Laws and operable condition as exists after the completion equipment manufacturer’s suggested service programs, the Personalty, all of Tenant’s Off-Premises Equipment and all improvements and systems exclusively serving the Work (as hereinafter defined) and any other alterations, additions or improvements performed by Tenant, reasonable wear and tear and damage by fire, other casualty and eminent domain excepted, and shall not permit or allow to remain any waste or damage to any portion of the BuildingPremises. Tenant shall repair or replace, subject to Landlord's ’s direction and supervision, all systems serving the Premises and any improvement installed by a Tenant party within the Premises and any damage to the Building Project caused by a Tenant Party. If Tenant fails to make commence such repairs or replacements within 30 fifteen (15) days (or such shorter period of time required to prevent any damage from occurring to the Building) after the occurrence of such damagedamage and thereafter diligently pursues such repairs to completion, then Landlord may make the same at Tenant's cost’s cost provided that it provides Tenant notice of its intent to do the same, which notification may be oral or written. If any such damage occurs outside of the Premises, then Landlord may, after written notice to Tenant, may elect to repair such damage at Tenant's ’s expense, rather than having Tenant repair such damage. The cost of all maintenance, repair or replacement work performed by Landlord under this Section 8 shall be paid by Tenant to Landlord within ten thirty (30) days after Landlord has invoiced Tenant therefor.
Appears in 1 contract
REPAIRS; MAINTENANCE. Subject to Landlord's obligations under Section 7(a(1) aboveTenant shall, Tenant shall at its sole cost, maintain the Premises in a clean and safe condition and in as good clean, safe, and operable condition as exists after the completion of the Work (as hereinafter defined) and any other alterations, additions or improvements performed by Tenant, reasonable wear and tear and damage by fire, other casualty and eminent domain exceptedcondition, and shall not permit or allow to remain any waste or damage to any portion of the BuildingPremises, including damage to any painted walls, carpeting, and ceiling tiles. In addition, Tenant shall repair or replace, subject to Landlord's direction and supervision, all systems serving the Premises and any improvement installed by a Tenant party within the Premises and any damage to the Building and/or the Park caused by Tenant or a Tenant Party. If Tenant fails to make such repairs or replacements within 30 fifteen (15) days (or such shorter period of time required to prevent any damage from occurring to the Building) after the occurrence of such damage, then Landlord may make the same at Tenant's cost. If any such damage occurs outside of the Premises, then Landlord may, after written notice to Tenant, may elect to repair such damage at Tenant's expense, rather than having Tenant repair such damage. The cost of all repair or replacement work performed by Landlord under this Section 8 7(b)(1) shall be paid by Tenant to Landlord within ten days after as Additional Rent.
(2) Landlord has invoiced shall make, at Landlord's sole expense, all structural repairs and replacements except as specified herein and shall maintain in good order, condition and repair the Building, the Park and all other portions of the Premises not the obligation of Tenant thereforor of any other tenant in the Building, including but not limited to the foundations, slab, outer walls, the roof deck, exterior walls, and all structural components of the Building. Landlord shall maintain the common areas of the Building in good condition and repair in a manner consistent with comparable first class office buildings in Somerset County, New Jersey.
Appears in 1 contract
Sources: Lease Agreement (Dset Corp)