Common use of REPAIRS; MAINTENANCE Clause in Contracts

REPAIRS; MAINTENANCE. (i) By Landlord» . Landlord shall, subject to reimbursement to the extent set forth in Exhibit C, keep and maintain in good repair and working order and make repairs to, perform maintenance upon, and replace as necessary: (1) the Building’s Structure; (2) the Building’s Systems; (3) Common Areas; (4) the roof of the Building; (5) exterior windows of the Building; and (6) elevators serving the Building. If any of the foregoing maintenance or repair is necessitated due to the negligent or willful acts or omissions of any Tenant Party, but subject to the terms and provisions of Section 11(c) of this Lease, Tenant shall pay the costs of such repairs or maintenance to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to two and one-half percent (2.5%) of the cost of the repairs. Landlord shall not be liable to Tenant for any interruption of Tenant’s business or inconvenience caused due to any work performed by Landlord in the Premises, the Building or the Complex pursuant to Landlord’s rights and obligations under the Lease, but only provided that ▇▇▇▇▇▇▇▇ performs such work in compliance with the terms and conditions of Section 23(a) below. To the extent allowed by Law, Tenant waives the right to make repairs at Landlord’s expense under any applicable Law. (ii) By Tenant» . Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease and shall keep the Premises in good condition and repair, ordinary wear and tear and casualty and condemnation excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors (excluding exterior Building doors); (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant and located in the Premises or other portions of the Building or Project; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors retained by or on behalf of Tenant (including Tenant’s AV and IT Work); and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. If Tenant fails to make any repairs to the Premises for more than thirty (30) days after written notice from Landlord (although notice shall not be required if there is an emergency, or if the area to be repaired is visible from the exterior of the Building), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to two and one-half percent (2.5%) of the cost of the repairs; provided, however, if ▇▇▇▇▇▇’s failure to perform any required repairs is excused pursuant to Section 26(c) herein, then such interest will not accrue on the costs of repairs incurred by Landlord but must nonetheless reimburse Landlord for such costs. Notwithstanding the foregoing, Landlord shall have the right to make such reasonable repairs without notice to Tenant in the event of an emergency, however, Landlord shall notify Tenant of the occurrence of such emergency repairs and the cost of such emergency repairs within five (5) Business Days after undertaking the same. At the expiration of this Lease, ▇▇▇▇▇▇ shall surrender the Premises in the condition, required by the first sentence of Section 8(b)(ii). All personal property of Tenant at the Premises, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, shall be stored at the Premises at the sole risk of Tenant. Except to the extent of Landlord’s negligence or willful misconduct, Landlord or its agents shall not be liable to Tenant for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Tenant agrees to promptly notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action (subject to the terms and conditions of Section 23(a) below). In addition, execution of this Lease constitutes acknowledgement by Tenant that it shall adopt and implement the moisture and mold control guidelines set forth on Exhibit J attached hereto. (iii) Performance of Work» . All work described in this Section 8 shall be performed only by contractors and subcontractors approved in writing by Landlord, such approval not to be unreasonably withheld, condition, or delayed. With respect to any work at the Building, Landlord shall have the right to require any contractor or subcontractor performing work on or about the Premises to employ union labor and any construction manager utilized by Tenant to be a union-associated construction manager. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage as follows: (a) Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage, One Million U.S. Dollars (USD $1,000,000) each person or organization for personal and advertising injury, Two Million U.S. Dollars (USD $2,000,000) general aggregate, and Two Million U.S. Dollars (USD $2,000,000) products completed operations aggregate covering: (i) premises / operations liability; (ii) products / completed operations liability; (iii) personal and advertising injury liability; (iv) independent contractors liability; and (v) broad form contractual liability. Such policy of insurance shall (vi) be primary and non-contributory to any insurance or self-insurance maintained by Landlord, its property manager and Invesco Advisers, Inc. (“Invesco”) with respect to contractor’s operations; (vii) be endorsed to add Landlord, its property manager and Invesco as an additional insured; (viii) include extended completed operations coverage, for at least three (3) years after acceptance of the contractor’s work either through policies in force or through an extended reporting period endorsement for products/completed operations liability; and

Appears in 1 contract

Sources: Office Lease Agreement (Sage Therapeutics, Inc.)

REPAIRS; MAINTENANCE. Tenant shall maintain the Premises in a clean, safe and operable condition and in good condition and repair in accordance with all applicable Laws, including, but not limited to all of Tenant’s equipment, furnishings, fixtures and IT Systems (i) By Landlord» as defined in Exhibit D), as well as the interior walls, windows, floors, ceilings, and doors. Landlord shallIn addition, Tenant shall be solely responsible for the maintenance, repair and replacement of all heating, ventilating and air-conditioning/cooling systems, electrical equipment and apparatus, and fire and safety systems located in the Server Room and Lab. Tenant shall not permit or allow to remain any waste or damage to any portion of the Premises. Tenant shall repair or replace, subject to reimbursement Landlord’s direction and supervision, any damage to the extent set forth Complex caused by a Tenant Party. If Tenant fails to complete such repairs or replacements within fifteen (15) days after the occurrence of such damage, or such additional time as may be reasonably necessary if the repair cannot be completed within such fifteen (15) day period, but in Exhibit Cno event more than fifteen (15) additional days, then Landlord may make the same at Tenant’s cost. If any such damage occurs outside of the Premises, then Landlord 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 shall be paid by Tenant to Landlord within ten (10) days after Landlord has invoiced Tenant therefor. Subject to the obligations of the Tenant relative to the Premises in the prior paragraph and the obligations of other persons under applicable recorded declarations related to the Complex, Landlord shall keep and maintain in good repair and working order and make repairs toin compliance with applicable Laws and regulations, and perform maintenance upon, and replace as necessaryupon the: (1a) structural elements of the Building’s StructureComplex; (2b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building’s SystemsComplex in general; (3c) Common Areascommon areas; (4d) the roof of the BuildingComplex; (5e) exterior windows of the BuildingComplex; and (6f) elevators and skyway serving the Building. If any of the foregoing maintenance or repair is necessitated due to the negligent or willful acts or omissions of any Tenant Party, but subject to the terms and provisions of Section 11(c) of this Lease, Tenant shall pay the costs of such repairs or maintenance to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to two and one-half percent (2.5%) of the cost of the repairsComplex. Landlord shall not be liable to Tenant for any interruption of Tenant’s business or inconvenience caused due to any work performed by Landlord in the Premises, the Building or the Complex pursuant to Landlord’s rights and obligations under the Lease, but only provided that ▇▇▇▇▇▇▇▇ performs such work in compliance with the terms and conditions of Section 23(a) below. To the extent allowed by Law, Tenant waives the right to promptly make repairs at Landlord’s expense under any applicable Lawand perform maintenance for which Landlord is responsible. (ii) By Tenant» . Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease and shall keep the Premises in good condition and repair, ordinary wear and tear and casualty and condemnation excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors (excluding exterior Building doors); (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant and located in the Premises or other portions of the Building or Project; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors retained by or on behalf of Tenant (including Tenant’s AV and IT Work); and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. If Tenant fails to make any repairs to the Premises for more than thirty (30) days after written notice from Landlord (although notice shall not be required if there is an emergency, or if the area to be repaired is visible from the exterior of the Building), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to two and one-half percent (2.5%) of the cost of the repairs; provided, however, if ▇▇▇▇▇▇’s failure to perform any required repairs is excused pursuant to Section 26(c) herein, then such interest will not accrue on the costs of repairs incurred by Landlord but must nonetheless reimburse Landlord for such costs. Notwithstanding the foregoing, Landlord shall have the right to make such reasonable repairs without notice to Tenant in the event of an emergency, however, Landlord shall notify Tenant of the occurrence of such emergency repairs and the cost of such emergency repairs within five (5) Business Days after undertaking the same. At the expiration of this Lease, ▇▇▇▇▇▇ shall surrender the Premises in the condition, required by the first sentence of Section 8(b)(ii). All personal property of Tenant at the Premises, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, shall be stored at the Premises at the sole risk of Tenant. Except to the extent of Landlord’s negligence or willful misconduct, Landlord or its agents shall not be liable to Tenant for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Tenant agrees to promptly notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action (subject to the terms and conditions of Section 23(a) below). In addition, execution of this Lease constitutes acknowledgement by Tenant that it shall adopt and implement the moisture and mold control guidelines set forth on Exhibit J attached hereto. (iii) Performance of Work» . All work described in this Section 8 shall be performed only by contractors and subcontractors approved in writing by Landlord, such approval not to be unreasonably withheld, condition, or delayed. With respect to any work at the Building, Landlord shall have the right to require any contractor or subcontractor performing work on or about the Premises to employ union labor and any construction manager utilized by Tenant to be a union-associated construction manager. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage as follows: (a) Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage, One Million U.S. Dollars (USD $1,000,000) each person or organization for personal and advertising injury, Two Million U.S. Dollars (USD $2,000,000) general aggregate, and Two Million U.S. Dollars (USD $2,000,000) products completed operations aggregate covering: (i) premises / operations liability; (ii) products / completed operations liability; (iii) personal and advertising injury liability; (iv) independent contractors liability; and (v) broad form contractual liability. Such policy of insurance shall (vi) be primary and non-contributory to any insurance or self-insurance maintained by Landlord, its property manager and Invesco Advisers, Inc. (“Invesco”) with respect to contractor’s operations; (vii) be endorsed to add Landlord, its property manager and Invesco as an additional insured; (viii) include extended completed operations coverage, for at least three (3) years after acceptance of the contractor’s work either through policies in force or through an extended reporting period endorsement for products/completed operations liability; and

Appears in 1 contract

Sources: Office Lease Agreement (Cray Inc)

REPAIRS; MAINTENANCE. Except as otherwise provided in Section 7, Tenant shall maintain the Premises, the Building, and the Project (iincluding the Building’s Systems) By Landlord» in a clean, safe, and operable condition, and shall not permit or allow to remain any waste or damage to any portion of the Premises, the Building, and the Project. Landlord shallTenant shall keep the same in good order, subject to reimbursement 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 extent set forth original work, shall be constructed of substantially similar materials, and shall be made by Tenant in Exhibit Caccordance 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, keep 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 repair condition and working order in accordance with all Laws and make repairs tothe equipment manufacturer's suggested service programs, perform maintenance upon, and replace as necessary: (1) the Building’s Structure; (2) the Building’s Systems; (3) Common Areas; (4) the roof all portions of the Building; (5) exterior windows of the Building; and (6) elevators serving the Building. If any of the foregoing maintenance or repair is necessitated due to the negligent or willful acts or omissions of any Tenant Party, but subject to the terms and provisions of Section 11(c) of this Lease, Tenant shall pay the costs of such repairs or maintenance to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to two and one-half percent (2.5%) of the cost of the repairs. Landlord shall not be liable to Tenant for any interruption of Tenant’s business or inconvenience caused due to any work performed by Landlord in 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, any damage to the Building or the Complex pursuant to Landlord’s rights and obligations under the Lease, but only provided that ▇▇▇▇▇▇▇▇ performs such work in compliance with the terms and conditions of Section 23(a) below. To the extent allowed caused by Law, a Tenant waives the right to make repairs at Landlord’s expense under any applicable Law. (ii) By Tenant» . Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease and shall keep the Premises in good condition and repair, ordinary wear and tear and casualty and condemnation excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors (excluding exterior Building doors); (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant and located in the Premises or other portions of the Building or Project; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors retained by or on behalf of Tenant (including Tenant’s AV and IT Work); and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventoryParty. If Tenant fails to make any such repairs to the Premises for more than thirty (30) or replacements within 15 days after written notice from Landlord (although notice shall not be required if there is an emergency, or if the area to be repaired is visible from the exterior of the Building), Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to two and one-half percent (2.5%) of the cost of the repairs; provided, however, if ▇▇▇▇▇▇’s failure to perform any required repairs is excused pursuant to Section 26(c) herein, then such interest will not accrue on the costs of repairs incurred by Landlord but must nonetheless reimburse Landlord for such costs. Notwithstanding the foregoing, Landlord shall have the right to make such reasonable repairs without notice to Tenant in the event of an emergency, however, Landlord shall notify Tenant of the occurrence of such emergency repairs and damage, then Landlord may make the cost same at Tenant's cost. If any such damage occurs outside of such emergency repairs within five (5) Business Days after undertaking the same. At the expiration of this Lease, ▇▇▇▇▇▇ shall surrender the Premises in the condition, required by the first sentence of Section 8(b)(ii). All personal property of Tenant at the Premises, including goodsthen Landlord may elect to repair such damage at Tenant's expense, waresrather than having Tenant repair such damage. The cost of all maintenance, merchandise, inventory, trade fixtures and other personal property of Tenant, shall be stored at the Premises at the sole risk of Tenant. Except to the extent of Landlord’s negligence repair or willful misconduct, replacement work performed by Landlord or its agents shall not be liable to Tenant for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Tenant agrees to promptly notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action (subject to the terms and conditions of Section 23(a) below). In addition, execution of this Lease constitutes acknowledgement by Tenant that it shall adopt and implement the moisture and mold control guidelines set forth on Exhibit J attached hereto. (iii) Performance of Work» . All work described in under this Section 8 shall be performed only by contractors and subcontractors approved in writing by Landlord, such approval not to be unreasonably withheld, condition, or delayed. With respect to any work at the Building, Landlord shall have the right to require any contractor or subcontractor performing work on or about the Premises to employ union labor and any construction manager utilized paid by Tenant to be a union-associated construction manager. Landlord within 10 days after Landlord has invoiced Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage as follows: (a) Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage, One Million U.S. Dollars (USD $1,000,000) each person or organization for personal and advertising injury, Two Million U.S. Dollars (USD $2,000,000) general aggregate, and Two Million U.S. Dollars (USD $2,000,000) products completed operations aggregate covering: (i) premises / operations liability; (ii) products / completed operations liability; (iii) personal and advertising injury liability; (iv) independent contractors liability; and (v) broad form contractual liability. Such policy of insurance shall (vi) be primary and non-contributory to any insurance or self-insurance maintained by Landlord, its property manager and Invesco Advisers, Inc. (“Invesco”) with respect to contractor’s operations; (vii) be endorsed to add Landlord, its property manager and Invesco as an additional insured; (viii) include extended completed operations coverage, for at least three (3) years after acceptance of the contractor’s work either through policies in force or through an extended reporting period endorsement for products/completed operations liability; andtherefor.

Appears in 1 contract

Sources: Lease Agreement (Alco Stores Inc)

REPAIRS; MAINTENANCE. (i) By Landlord» . Landlord shall, subject to reimbursement to the extent set forth in Exhibit C, keep and maintain in good repair and working order and make repairs to, perform maintenance upon, and replace as necessary: (1) the Building’s Structure; (2) the Building’s Systems; (3) Common Areas; (4) the roof of the Building; (5) exterior windows of the Building; and (6) elevators serving the Building. If any of the foregoing maintenance or repair is necessitated due to the negligent or willful acts or omissions of any Tenant Party, but subject to the terms and provisions of Section 11(c) of this Lease, Tenant shall pay the costs of such repairs or maintenance to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to two and one-half percent (2.5%) of the cost of the repairs. Landlord shall not be liable to Tenant for any interruption of Tenant’s business or inconvenience caused due to any work performed by Landlord in the Premises, the Building or the Complex pursuant to Landlord’s rights and obligations under the Lease, but only provided that ▇▇▇▇▇▇▇▇ performs such work in compliance with the terms and conditions of Section 23(a) below. To the extent allowed by Law, Tenant waives the right to make repairs at Landlord’s expense under any applicable Law. (ii) By Tenant» . 7.1 Tenant shall, at its Tenant's sole cost and expense, promptly perform (i) maintain and keep the interior of the Premises (including, but not limited to, all maintenance fixtures, walls, ceilings, floors, doors, windows and repairs equipment which are a part of the Premises) in good repair and condition, (ii) repair or replace any damage or injury done to the Premises that are not Landlord’s express responsibility Building or any other part of the Project caused by Tenant, Tenant's agents, employees, licensees, invitees or visitors or resulting from a breach of its obligations under this Lease Section 7.1 or Section 7.2 and (iii) indemnify and hold Landlord harmless from any and all costs, expenses (including reasonable attorneys' fees), claims and causes of action arising from or incurred by and/or asserted in connection with such maintenance, repairs, replacements, damage or injury or Tenant's breach of its obligations under this Section 7.1 or Section 7.2. Tenant shall keep continue to pay Rent, without abatement, during any period that repairs or replacements are performed or required to be performed by Tenant. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in good order, condition and repair, ordinary wear and tear and casualty and condemnation excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors (excluding exterior Building doors); (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant and located in the Premises or other portions of the Building or Project; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors retained by or on behalf of Tenant (including Tenant’s AV and IT Work); and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. If Tenant fails to make any repairs to the Premises for more than thirty (30) days after written notice from Landlord (although notice shall not be required if there is an emergency, or if the area to be repaired is visible from the exterior of the Building), Landlord may, in addition to any other remedy available to Landlord, make the repairs, otherwise satisfy its repair and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to two and one-half percent (2.5%) of the cost of the repairs; provided, however, if ▇▇▇▇▇▇’s failure to perform any required repairs is excused pursuant to Section 26(c) herein, then such interest will not accrue on the costs of repairs incurred by Landlord but must nonetheless reimburse Landlord for such costs. Notwithstanding the foregoingreplacement obligations, Landlord shall have the right to make perform such reasonable repairs without notice to Tenant in the event of an emergencymaintenance, however, Landlord shall notify Tenant of the occurrence of such emergency repairs and the replacements at Tenant's expense. Tenant shall pay to Landlord on demand any such cost of such emergency repairs within five (5) Business Days after undertaking the same. At the expiration of this Leaseor expense incurred by Landlord, ▇▇▇▇▇▇ shall surrender the Premises in the condition, required by the first sentence of Section 8(b)(ii). All personal property of Tenant together with interest thereon at the Premises, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, shall be stored at the Premises at the sole risk of Tenant. Except to the extent of Landlord’s negligence or willful misconduct, Landlord or its agents shall not be liable to Tenant for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or Interest Rate from the pipesdate of demand until paid. Section 7.2 All maintenance, appliances repairs or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Tenant agrees to promptly notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action (subject to the terms and conditions of Section 23(a) below). In addition, execution of this Lease constitutes acknowledgement replacements made by Tenant that it shall adopt and implement the moisture and mold control guidelines set forth on Exhibit J attached hereto. (iii) Performance of Work» . All work described in this pursuant to Section 8 7.1 shall be performed only in a good and workmanlike manner by contractors and subcontractors approved in writing by or other repair personnel satisfactory to Landlord, such approval not . In no event shall Tenant or its contractors or repair personnel do any work or permit any work to be unreasonably withheld, condition, or delayed. With respect to any work at done affecting (i) the structural components of the Building, Landlord shall have the right to require any contractor or subcontractor performing work on or about the Premises to employ union labor and any construction manager utilized by Tenant to be a union-associated construction manager. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage as follows: (a) Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage, One Million U.S. Dollars (USD $1,000,000) each person or organization for personal and advertising injury, Two Million U.S. Dollars (USD $2,000,000) general aggregate, and Two Million U.S. Dollars (USD $2,000,000) products completed operations aggregate covering: (i) premises / operations liability; (ii) products / completed operations liability; (iii) personal and advertising injury liability; (iv) independent contractors liability; and (v) broad form contractual liabilityBuilding Systems. Such policy In no event shall such work be done for Landlord's account or in a manner which allows any liens to be filed against the Project, or any portion thereof. To the extent any maintenance, repairs or replacements involve the making of insurance alterations, Tenant shall (vi) be primary and non-contributory to any insurance or self-insurance maintained by Landlord, its property manager and Invesco Advisers, Inc. (“Invesco”) comply with respect to contractor’s operations; (vii) be endorsed to add Landlord, its property manager and Invesco as an additional insured; (viii) include extended completed operations coverage, for at least three (3) years after acceptance the provisions of the contractor’s work either through policies in force or through an extended reporting period endorsement for products/completed operations liability; andArticle 8.

Appears in 1 contract

Sources: Lease Agreement (GBC Bancorp Inc)

REPAIRS; MAINTENANCE. (i) By Landlord» . Landlord shall, subject to reimbursement to the extent set forth in Exhibit C, keep and maintain in good repair and working order and make repairs to, perform maintenance upon, and replace as necessary: (1) the Building’s Structure; (2) the Building’s Systems; (3) Common Areas; (4) the roof of the Building; (5) exterior windows of the Building; and (6) elevators serving the Building. If any of the foregoing maintenance or repair is necessitated due to the negligent or willful acts or omissions of any Tenant Party, but subject to the terms and provisions of Section 11(c) of this Lease, Tenant shall pay the costs of such repairs or maintenance to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to two and one-half percent (2.5%) of the cost of the repairs. Landlord shall not be liable to Tenant for any interruption of Tenant’s business or inconvenience caused due to any work performed by Landlord in the Premises, the Building or the Complex pursuant to Landlord’s rights and obligations under the Lease, but only provided that ▇▇▇▇▇▇▇▇ performs such work in compliance with the terms and conditions of Section 23(a) below. To the extent allowed by Law, Tenant waives the right to make repairs at Landlord’s expense under any applicable Law. (ii) By Tenant» . 7.1 Tenant shall, at its Tenant's sole cost and expense, promptly perform (i) maintain and keep the interior of the Premises (including, but not limited to, all maintenance fixtures, walls, ceilings, floors, doors, windows and repairs equipment which are a part of the Premises) in good repair and condition, (ii) repair or replace any damage or injury done to the Premises that are not Landlord’s express responsibility Building or any other part of the Project caused by Tenant, Tenant's agents, employees, licensees, invitees or visitors or resulting from a breach of its obligations under this Lease Section 7.1 or Section 7.2 and (iii) indemnify and hold Landlord harmless from any and all costs, expenses (including reasonable attorneys' fees actually incurred), claims and causes of action arising from or incurred by and/or asserted in connection with such maintenance, repairs, replacements, damage or injury or Tenant's breach of its obligations under this Section 7.1 or Section 7.2. Tenant shall keep continue to pay Rent, without abatement, during any period that repairs or replacements are performed or required to be performed by Tenant. In the event Tenant fails, in the reasonable judgment of Landlord, to maintain the Premises in good order, condition and repair, ordinary wear and tear and casualty and condemnation excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors (excluding exterior Building doors); (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant and located in the Premises or other portions of the Building or Project; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors retained by or on behalf of Tenant (including Tenant’s AV and IT Work); and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. If Tenant fails to make any repairs to the Premises for more than thirty (30) days after written notice from Landlord (although notice shall not be required if there is an emergency, or if the area to be repaired is visible from the exterior of the Building), Landlord may, in addition to any other remedy available to Landlord, make the repairs, otherwise satisfy its repair and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to two and one-half percent (2.5%) of the cost of the repairs; provided, however, if ▇▇▇▇▇▇’s failure to perform any required repairs is excused pursuant to Section 26(c) herein, then such interest will not accrue on the costs of repairs incurred by Landlord but must nonetheless reimburse Landlord for such costs. Notwithstanding the foregoingreplacement obligations, Landlord shall have the right to make perform such reasonable repairs without notice to Tenant in the event of an emergencymaintenance, however, Landlord shall notify Tenant of the occurrence of such emergency repairs and the replacements at Tenant's expense. Tenant shall pay to Landlord on demand any such cost of such emergency repairs within five (5) Business Days after undertaking the same. At the expiration of this Leaseor expense incurred by Landlord, ▇▇▇▇▇▇ shall surrender the Premises in the condition, required by the first sentence of Section 8(b)(ii). All personal property of Tenant together with interest thereon at the Premises, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, shall be stored at the Premises at the sole risk of Tenant. Except to the extent of Landlord’s negligence or willful misconduct, Landlord or its agents shall not be liable to Tenant for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or Interest Rate from the pipesdate of demand until paid. Section 7.2 All maintenance, appliances repairs or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Tenant agrees to promptly notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action (subject to the terms and conditions of Section 23(a) below). In addition, execution of this Lease constitutes acknowledgement replacements made by Tenant that it shall adopt and implement the moisture and mold control guidelines set forth on Exhibit J attached hereto. (iii) Performance of Work» . All work described in this pursuant to Section 8 7.1 shall be performed only in a good and workmanlike manner by contractors and subcontractors approved in writing by or other repair personnel satisfactory to Landlord, such approval not . In no event shall Tenant or its contractors or repair personnel do any work or permit any work to be unreasonably withheld, condition, or delayed. With respect to any work at done affecting (i) the structural components of the Building, Landlord shall have the right to require any contractor or subcontractor performing work on or about the Premises to employ union labor and any construction manager utilized by Tenant to be a union-associated construction manager. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage as follows: (a) Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage, One Million U.S. Dollars (USD $1,000,000) each person or organization for personal and advertising injury, Two Million U.S. Dollars (USD $2,000,000) general aggregate, and Two Million U.S. Dollars (USD $2,000,000) products completed operations aggregate covering: (i) premises / operations liability; (ii) products / completed operations liability; (iii) personal and advertising injury liability; (iv) independent contractors liability; and (v) broad form contractual liabilityBuilding Systems. Such policy In no event shall such work be done for Landlord's account or in a manner which allows any liens to be filed against the Project, or any portion thereof. To the extent any maintenance, repairs or replacements involve the making of insurance alterations, Tenant shall (vi) be primary and non-contributory to any insurance or self-insurance maintained by Landlord, its property manager and Invesco Advisers, Inc. (“Invesco”) comply with respect to contractor’s operations; (vii) be endorsed to add Landlord, its property manager and Invesco as an additional insured; (viii) include extended completed operations coverage, for at least three (3) years after acceptance the provisions of the contractor’s work either through policies in force or through an extended reporting period endorsement for products/completed operations liability; andArticle 8.

Appears in 1 contract

Sources: Lease Agreement (Viryanet LTD)

REPAIRS; MAINTENANCE. (i) By Landlord» . Landlord shall, subject to reimbursement to the extent set forth in Exhibit C, keep and maintain in good repair and working order and make repairs to, perform maintenance upon, and replace as necessary: (1) the Building’s Structure; (2) the Building’s Systems; (3) Common Areas; (4) the roof of the Building; (5) exterior windows of the Building; and (6) elevators serving the Building. If any of the foregoing maintenance or repair is necessitated due to the negligent or willful acts or omissions of any Tenant Party, but subject to the terms and provisions of Section 11(c) of this Lease, Tenant shall pay the costs of such repairs or maintenance to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to two and one-half percent (2.5%) of the cost of the repairs. Landlord shall not be liable to Tenant for any interruption of C-1.01 Tenant’s business or inconvenience caused due to any work performed by Landlord in the Premises, the Building or the Complex pursuant to Landlord’s rights and obligations under the Lease, but only provided that ▇▇▇▇▇▇▇▇ performs such work in compliance with the terms and conditions of Section 23(a) below. To the extent allowed by Law, Tenant waives the right to make repairs at Landlord’s expense under any applicable Law. (ii) By Tenant» . Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease and shall keep and maintain (a) the Premises in good condition and repairentire interior of the Premises, ordinary wear and tear and casualty and condemnation excepted. Tenant’s repair obligations includeincluding, without limitation, repairs to: all fixtures, machinery, systems (1including, without limitation, heating and ventilating and air conditioning and sprinkler, if any) floor covering and/or raised flooring; (2) interior partitions; (3) doors (excluding exterior Building doors); (4) attached to or used in connection with the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant and located in the Premises or other portions operation of the Building or Project; Premises, (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors retained by or on behalf of Tenant (including Tenant’s AV and IT Work); and (9b) all of Tenant’s furnishingsplumbing lines and electrical wires (above ground and underground) which serve exclusively the Premises, trade fixtures(c) all exterior doors, equipment glass windows, and inventory. If Tenant fails to make any repairs to the Premises plateglass, and sills for more than thirty (30) days after written notice from Landlord (although notice shall not be required if there is an emergency, or if the area to be repaired is visible from the exterior all of the Building)same, Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to two and one-half percent (2.5%) of the cost of the repairs; provided, however, if on or ▇▇▇▇▇▇’s failure to perform any required repairs is excused pursuant to Section 26(cng into the Premises and (d) hereinall sidewalks adjoining the Premises, then such interest will not accrue on and shall keep said sidewalks free and clear of all rubbish, ice, snow and other debris. Tenant, without limiting the costs generality of repairs incurred by Landlord but must nonetheless reimburse Landlord for such costs. Notwithstanding the foregoing, Landlord shall have make all non-structural installations, modifications, alterations, repairs and replacements to the right foregoing as may be necessary to keep the same in good order and condition and to comply with all laws and requirements of utilities. Further, Tenant shall make such reasonable any and all non-structural and structural repairs whatsoever necessitated by the acts or omissions of Tenant, its employees, agents and/or contractors, including, without notice limitation, any cleaning and/or pumping of the Building's sanitary disposal system necessitated by Tenant's abuse thereof or consumption of water in excess of normal. Such repairs and replacements shall be done in a good and workmanlike manner with materials at least equal in quality (but no used materials) to Tenant the original construction materials and, in the event case of an emergencystructural repairs, however, Landlord shall notify Tenant subject to Landlord's prior written approval of the occurrence materials, methods and contractors to be used or engaged. Tenant shall not commit or suffer waste or injury to the Premises. Tenant shall place all of such emergency repairs its refuse and the cost of such emergency repairs within five (5) Business Days after undertaking the same. At the expiration of this Lease, ▇▇▇▇▇▇ rubbish in a dumpster which Tenant shall surrender the Premises in the condition, required by the first sentence of Section 8(b)(ii). All personal property of Tenant obtain and maintain at the Premises, including goods, wares, merchandise, inventory, trade fixtures and . No trash or other personal property of Tenant, debris shall be stored permitted to remain outside of the dumpster. If, in Landlord's opinion the dumpster maintained by Tenant is insufficient for Tenant's use, Tenant shall at the Premises at the sole risk of Tenantits own cost and expense obtain either a larger or, if space permits, an additional dumpster. Except to the extent of Landlord’s negligence or willful misconductIf Landlord so elects, Landlord or may supply a dumpster and/or compactor and Tenant shall pursuant to C-1.03 be responsible for its agents shall not be liable to Tenant for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Tenant agrees to promptly notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action (subject to the terms and conditions of Section 23(a) below). In addition, execution of this Lease constitutes acknowledgement by Tenant that it shall adopt and implement the moisture and mold control guidelines set forth on Exhibit J attached hereto. (iii) Performance of Work» . All work described in this Section 8 shall be performed only by contractors and subcontractors approved in writing by Landlord, such approval not to be unreasonably withheld, condition, or delayed. With respect to any work at the Building, Landlord shall have the right to require any contractor or subcontractor performing work on or about the Premises to employ union labor and any construction manager utilized by Tenant to be a unionPro-associated construction managerrata Share. Tenant shall not cause all contractors or permit any materials or substances of any nature to be poured or otherwise deposited in the storm drains and subcontractors to procure and maintain insurance coverage as follows: (a) Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage, One Million U.S. Dollars (USD $1,000,000) each person or organization for personal and advertising injury, Two Million U.S. Dollars (USD $2,000,000) general aggregate, and Two Million U.S. Dollars (USD $2,000,000) products completed operations aggregate covering: (i) premises / operations liability; (ii) products / completed operations liability; (iii) personal and advertising injury liability; (iv) independent contractors liability; and (v) broad form contractual liability. Such policy of insurance shall (vi) be primary and non-contributory to any insurance or self-insurance maintained by Landlord, its property manager and Invesco Advisers, Inc. (“Invesco”) with respect to contractor’s operations; (vii) be endorsed to add Landlord, its property manager and Invesco as an additional insured; (viii) include extended completed operations coverage, for at least three (3) years after acceptance of drywells situated about the contractor’s work either through policies in force or through an extended reporting period endorsement for products/completed operations liability; andProperty.

Appears in 1 contract

Sources: Lease Agreement (National Medical Health Card Systems Inc)

REPAIRS; MAINTENANCE. (i) By Except for Landlord» . Landlord shall, subject to reimbursement to the extent ’s obligations set forth in Exhibit CSection 7, keep Tenant shall, at its sole expense, repair, replace and maintain all portions of the Premises in a good, clean, safe, and operable condition and in accordance with all Laws and the equipment manufacturer’s suggested service programs, and shall not permit or allow to remain any waste or damage to any portion of the Premises. No later than 14 days prior to the end of the Term, Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that all such items which Tenant is required to maintain hereunder are then in good repair and working order condition and make repairs tohave been maintained in accordance with this Section 8. Landlord shall transfer to Tenant, perform maintenance uponto the extent possible at no cost to Landlord and in Landlord’s possession, and replace as necessary: (1) the any warranties or service contracts for Building’s Structure; (2Systems Tenant is responsible to repair and maintain. Notwithstanding anything in this Section 8(b) the Building’s Systems; (3) Common Areas; (4) the roof of the Building; (5) exterior windows of the Building; and (6) elevators serving the Building. If any of the foregoing maintenance or repair is necessitated due Section 7 above to the negligent contrary, if and when Tenant is required to undertake a repair or willful acts replacement in or omissions of any Tenant Party, but subject to the terms and provisions of Section 11(c) of this LeasePremises which, in accordance with GAAP, is considered a capital improvement or capital repair item, Tenant shall pay first advise Landlord thereof and provide Landlord with Tenant’s assessment of the costs nature and scope of such repairs the work to be performed, whereupon Landlord shall have the option in its sole discretion to undertake the capital improvement or maintenance capital repair and to charge Tenant therefor. If Landlord elects to handle the work, Tenant shall reimburse Landlord within thirty (30) days after of receipt of billing therefor accompanied by reasonably supportive documentation, unless such capital improvement work is a Major Capital Expenditure or an invoice, together with an administrative charge in an amount equal to two and one-half percent (2.5%) of the cost of the repairs. Landlord shall not be liable to Tenant for any interruption of Tenant’s business or inconvenience caused due to any work performed by Landlord in the Premises, the Building or the Complex pursuant to Landlord’s rights and obligations under the Lease, but only provided that ▇▇▇▇▇▇▇▇ performs such work in compliance with the terms and conditions of Section 23(a) below. To the extent allowed by Law, Tenant waives the right to make repairs at Landlord’s expense under any applicable Law. (ii) By Tenant» . Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease and shall keep the Premises in good condition and repair, ordinary wear and tear and casualty and condemnation excepted. Tenant’s repair obligations include, without limitation, repairs to: (1) floor covering and/or raised flooring; (2) interior partitions; (3) doors (excluding exterior Building doors); (4) the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant and located in the Premises or other portions of the Building or Project; (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors retained by or on behalf of Tenant (including Tenant’s AV and IT Work); and (9) all of Tenant’s furnishings, trade fixtures, equipment and inventory. If Tenant fails to make any repairs to the Premises for more than thirty (30) days after written notice from Landlord (although notice shall not be required if there is an emergency, or if the area to be repaired is visible from the exterior of the Building), Landlord mayExcess Capital Expenditure, in addition to any other remedy available to Landlord, make the repairs, and Tenant which event Paragraph 4 of Exhibit G shall pay the reasonable cost of the repairs to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to two and one-half percent (2.5%) of the cost of the repairs; provided, however, if ▇▇▇▇▇▇’s failure to perform any required repairs is excused pursuant to Section 26(c) herein, then such interest will not accrue on the costs of repairs incurred by Landlord but must nonetheless reimburse Landlord for such costs. Notwithstanding the foregoing, Landlord shall have the right to make such reasonable repairs without notice to Tenant in the event of an emergency, however, Landlord shall notify Tenant of the occurrence of such emergency repairs and the cost of such emergency repairs within five (5) Business Days after undertaking the same. At the expiration of this Lease, ▇▇▇▇▇▇ shall surrender the Premises in the condition, required by the first sentence of Section 8(b)(ii). All personal property of Tenant at the Premises, including goods, wares, merchandise, inventory, trade fixtures and other personal property of Tenant, shall be stored at the Premises at the sole risk of Tenant. Except to the extent of Landlord’s negligence or willful misconduct, Landlord or its agents shall not be liable to Tenant for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Tenant agrees to promptly notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action (subject to the terms and conditions of Section 23(a) below). In addition, execution of this Lease constitutes acknowledgement by Tenant that it shall adopt and implement the moisture and mold control guidelines set forth on Exhibit J attached heretocontrol. (iii) Performance of Work» . All work described in this Section 8 shall be performed only by contractors and subcontractors approved in writing by Landlord, such approval not to be unreasonably withheld, condition, or delayed. With respect to any work at the Building, Landlord shall have the right to require any contractor or subcontractor performing work on or about the Premises to employ union labor and any construction manager utilized by Tenant to be a union-associated construction manager. Tenant shall cause all contractors and subcontractors to procure and maintain insurance coverage as follows: (a) Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage, One Million U.S. Dollars (USD $1,000,000) each person or organization for personal and advertising injury, Two Million U.S. Dollars (USD $2,000,000) general aggregate, and Two Million U.S. Dollars (USD $2,000,000) products completed operations aggregate covering: (i) premises / operations liability; (ii) products / completed operations liability; (iii) personal and advertising injury liability; (iv) independent contractors liability; and (v) broad form contractual liability. Such policy of insurance shall (vi) be primary and non-contributory to any insurance or self-insurance maintained by Landlord, its property manager and Invesco Advisers, Inc. (“Invesco”) with respect to contractor’s operations; (vii) be endorsed to add Landlord, its property manager and Invesco as an additional insured; (viii) include extended completed operations coverage, for at least three (3) years after acceptance of the contractor’s work either through policies in force or through an extended reporting period endorsement for products/completed operations liability; and

Appears in 1 contract

Sources: Lease Agreement (ARYx Therapeutics, Inc.)

REPAIRS; MAINTENANCE. (i) By Landlord» . Landlord shall, subject to reimbursement to the extent set forth in Exhibit C, keep and maintain in good repair and working order and make repairs to, perform maintenance upon, and replace as necessary: (1) the Building’s Structure; (2) the Building’s Systems; (3) Common Areas; (4) the roof of the Building; (5) exterior windows of the Building; and (6) elevators serving the Building. If any of the foregoing maintenance or repair is necessitated due to the negligent or willful acts or omissions of any Tenant Party, but subject to the terms and provisions of Section 11(c) of this Lease, Tenant shall pay the costs of such repairs or maintenance to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to two and one-half percent (2.5%) of the cost of the repairs. Landlord shall not be liable to Tenant for any interruption of C-1.01 Tenant’s business or inconvenience caused due to any work performed by Landlord in the Premises, the Building or the Complex pursuant to Landlord’s rights and obligations under the Lease, but only provided that ▇▇▇▇▇▇▇▇ performs such work in compliance with the terms and conditions of Section 23(a) below. To the extent allowed by Law, Tenant waives the right to make repairs at Landlord’s expense under any applicable Law. (ii) By Tenant» . Tenant shall, at its sole cost and expense, promptly perform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease and shall keep and maintain (a) the Premises in good condition and repairentire interior of the Premises, ordinary wear and tear and casualty and condemnation excepted. Tenant’s repair obligations includeincluding, without limitation, repairs to: all fixtures, machinery, systems (1including, without limitation, heating and ventilating and air conditioning and sprinkler, if any) floor covering and/or raised flooring; (2) interior partitions; (3) doors (excluding exterior Building doors); (4) attached to or used in connection with the interior side of demising walls; (5) electronic, phone and data cabling and related equipment (collectively, “Cable”) that is installed by or for the benefit of Tenant and located in the Premises or other portions operation of the Building or Project; Premises, (6) supplemental air conditioning units, private showers and kitchens, including hot water heaters, plumbing, dishwashers, ice machines and similar facilities serving Tenant exclusively; (7) phone rooms used exclusively by Tenant; (8) Alterations performed by contractors retained by or on behalf of Tenant (including Tenant’s AV and IT Work); and (9b) all of Tenant’s furnishingsplumbing lines and electrical wires (above ground and underground) which serve exclusively the Premises, trade fixtures(c) all exterior doors, equipment glass windows, and inventory. If Tenant fails to make any repairs to the Premises plateglass, and sills for more than thirty (30) days after written notice from Landlord (although notice shall not be required if there is an emergency, or if the area to be repaired is visible from the exterior all of the Building)same, Landlord may, in addition to any other remedy available to Landlord, make the repairs, and Tenant shall pay the reasonable cost of the repairs to Landlord within thirty (30) days after receipt of an invoice, together with an administrative charge in an amount equal to two and one-half percent (2.5%) of the cost of the repairs; provided, however, if on or ▇▇▇▇▇▇’s failure to perform any required repairs is excused pursuant to Section 26(cng into the Premises and (d) hereinall sidewalks adjoining the Premises, then such interest will not accrue on and shall keep said sidewalks free and clear of all rubbish, ice, snow and other debris. Tenant, without limiting the costs generality of repairs incurred by Landlord but must nonetheless reimburse Landlord for such costs. Notwithstanding the foregoing, Landlord shall have make all non-structural installations, modifications, alterations, repairs and replacements to the right foregoing as may be necessary to keep the same in good order and condition and to comply with all laws and requirements of utilities. Further, Tenant shall make such reasonable any and all non-structural and structural repairs whatsoever necessitated by the acts or omissions of Tenant, its employees, agents and/or contractors, including, without notice limitation, any cleaning and/or pumping of the Building's sanitary disposal system necessitated by Tenant's abuse thereof or consumption of water in excess of normal. Such repairs and replacements shall be done in a good and workmanlike manner with materials at least equal in quality (but no used materials) to Tenant the original construction materials and, in the event case of an emergencystructural repairs, however, Landlord shall notify Tenant subject to Landlord's prior written approval of the occurrence materials, methods and contractors to be used or engaged. Tenant shall not commit or suffer waste or injury to the Premises. Tenant shall place all of such emergency repairs its refuse and the cost of such emergency repairs within five (5) Business Days after undertaking the same. At the expiration of this Lease, ▇▇▇▇▇▇ rubbish in a dumpster which Tenant shall surrender the Premises in the condition, required by the first sentence of Section 8(b)(ii). All personal property of Tenant obtain and maintain at the Premises, including goods, wares, merchandise, inventory, trade fixtures and . No trash or other personal property of Tenant, debris shall be stored permitted to remain outside of the dumpster. If, in Landlord's opinion the dumpster maintained by Tenant is insufficient for Tenant's use, Tenant shall at the Premises at the sole risk of Tenantits own cost and expense obtain either a larger or, if space permits, an additional dumpster. Except to the extent of Landlord’s negligence or willful misconductIf Landlord so elects, Landlord or may supply a dumpster and/or compactor and Tenant shall pursuant to C-1.03 be responsible for its agents shall not be liable to Tenant for any loss or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water or rain which may leak from any part of the Building or from the pipes, appliances or plumbing works therein or from the roof, street or subsurface or from any other places resulting from dampness or any other cause whatsoever, or from the act or negligence of any other tenant or any officer, agent, employee, contractor or guest of any such tenant. It is generally understood that mold spores are present essentially everywhere and that mold can grow in most any moist location. Tenant agrees to promptly notify Landlord if it observes mold/mildew and/or moisture conditions (from any source, including leaks), and allow Landlord to evaluate and make recommendations and/or take appropriate corrective action (subject to the terms and conditions of Section 23(a) below). In addition, execution of this Lease constitutes acknowledgement by Tenant that it shall adopt and implement the moisture and mold control guidelines set forth on Exhibit J attached hereto. (iii) Performance of Work» . All work described in this Section 8 shall be performed only by contractors and subcontractors approved in writing by Landlord, such approval not to be unreasonably withheld, condition, or delayed. With respect to any work at the Building, Landlord shall have the right to require any contractor or subcontractor performing work on or about the Premises to employ union labor and any construction manager utilized by Tenant to be a union-associated construction managerPro Rata Share. Tenant shall not cause all contractors or permit any materials or substances of any nature to be poured or otherwise deposited in the storm drains and subcontractors to procure and maintain insurance coverage as follows: (a) Commercial General Liability Insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage, One Million U.S. Dollars (USD $1,000,000) each person or organization for personal and advertising injury, Two Million U.S. Dollars (USD $2,000,000) general aggregate, and Two Million U.S. Dollars (USD $2,000,000) products completed operations aggregate covering: (i) premises / operations liability; (ii) products / completed operations liability; (iii) personal and advertising injury liability; (iv) independent contractors liability; and (v) broad form contractual liability. Such policy of insurance shall (vi) be primary and non-contributory to any insurance or self-insurance maintained by Landlord, its property manager and Invesco Advisers, Inc. (“Invesco”) with respect to contractor’s operations; (vii) be endorsed to add Landlord, its property manager and Invesco as an additional insured; (viii) include extended completed operations coverage, for at least three (3) years after acceptance of drywells situated about the contractor’s work either through policies in force or through an extended reporting period endorsement for products/completed operations liability; andProperty.

Appears in 1 contract

Sources: Lease Agreement (National Medical Health Card Systems Inc)