Repairs; Services. 12.1. Tenant, at its sole cost and expense, must throughout the Term, take good care of the Premises and all Equipment, must keep and maintain the Premises in good and safe order and working condition, and must make all repairs inside, on and outside the Premises, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, necessary to keep the Premises in good and safe order and working condition and to comply with all applicable laws, ordinances, orders, rules, regulations, codes and requirements of all Governmental Authorities, regardless of how the repairs came to be necessary or desirable and whether or not the repairs are necessitated by wear and tear, obsolescence or defects, latent or otherwise. The necessity and adequacy of repairs made will be measured by standards which are appropriate for buildings of similar age, construction and use, but in no event is Tenant obligated to maintain the building or Premises in better condition or repair than exists as of the date of this Lease, except to the extent necessary to keep the Premises in good and safe order and working condition and to comply with all applicable laws, ordinances, orders, rules, regulations, codes and requirements of all Governmental Authorities. Tenant must not commit or suffer, and must use all reasonable precautions to prevent waste, damage, or injury to the Premises. All repairs made by Tenant must be at least equal in quality and class to the original work and must be made in compliance with all Requirements. When used in this Lease, the term “repairs” includes all alterations, additions, installations, replacements, removals, renewals, and Restorations. With respect to the repair of the Premises required as a result of any casualty or taking, if any of Tenant’s obligations under this Section 12.1 are inconsistent with the requirements for Restoration under Sections 8 and 9 of this Lease, the provisions of Sections 8 and 9 govern. 12.2. Tenant, at its sole cost and expense, must take good care of and keep and maintain in clean and orderly condition the public portions of the Premises as necessary and keep clean and free from dirt, snow, ice, rubbish, obstructions and encumbrances, the sidewalks, grounds, vaults, chutes, sidewalk hoists, and curbs on, in front of or adjacent to the Premises. 12.3. Landlord is not required to furnish any services, utilities or facilities whatsoever to the Building or the Premises (including, without limitation, electricity, gas, telephone and other information technology infrastructure, steam, water, sewer, heating, ventilating and air conditioning, cleaning and security), nor does Landlord have any duty or obligation to make any alterations, change, improvement, replacement, restoration or repair to, or to demolish, any buildings or other improvement presently or later located on the Premises or the Building. Tenant assumes the full and sole responsibility for obtaining all services, utilities and facilities required at the Building and the Premises, and for the condition, operation, repair, alteration, improvement, replacement, maintenance, and management of the Premises, and must pay all costs, expenses and charges of every kind and nature necessary to satisfy this obligation. Tenant indemnifies Landlord against, and holds Landlord harmless from, all such costs, expenses, and charges. It is expressly understood and agreed that Landlord has no liability for any provision, interruption or termination of utility services to the Premises and Tenant shall have no right to abatement of Rent or other charges under this Lease nor any right to terminate this Lease in the event of any failure to provide, interruption or termination of utility services. 12.4. Without limitation of any of the provisions of this Section 12, Tenant must not clean or require, permit, suffer or allow any window in the Building to be cleaned from the outside in violation of Section 202 of the New York State Labor Law or of the rules of the New York State Industrial Board or other state, county or municipal department, board or body having or asserting jurisdiction, as then in force.
Appears in 1 contract
Sources: Lease Agreement
Repairs; Services. 12.1. 4.01 Throughout the term of this Lease, Tenant, at its sole cost and expense, must throughout the Term, will take good care of the Demised Premises and all Equipmentthe sidewalks, must curbs and parking areas adjoining the Demised Premises and will keep and maintain the Premises same in good and safe order and working condition, and must make all necessary repairs inside, on and outside the Premisesthereto, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen unforeseen and unforeseenforeseen, structural and non-structural. When used in this Article 4, the term "repairs" shall include all necessary to keep the Premises in good replacements, renewals, alterations, additions and safe order and working condition and to comply with all applicable laws, ordinances, orders, rules, regulations, codes and requirements of all Governmental Authorities, regardless of how the repairs came to be necessary or desirable and whether or not the repairs are necessitated by wear and tear, obsolescence or defects, latent or otherwise. betterments.
4.02 The necessity for and adequacy of repairs made will to the Demised Premises pursuant to Section 4.01 hereof shall be measured by standards the standard which are is appropriate for buildings of similar age, construction and useclass, but provided that Tenant shall in no any event is Tenant obligated make all repairs necessary to maintain the building avoid any waste or Premises in better condition or repair than exists as of the date of this Lease, except injury to the extent necessary to keep the Demised Premises in good and safe order shall make all alterations, additions and working condition and to comply with all applicable betterments required under governmental laws, ordinances, orders, rules, regulations, codes rules and requirements of all Governmental Authorities. Tenant must not commit or suffer, and must use all reasonable precautions to prevent waste, damage, or injury regulations applicable to the Demised Premises. All repairs made by Tenant must be at least equal in quality and class to the original work and must be made in compliance with all Requirements. When used in this Lease, the term “repairs” includes all alterations, additions, installations, replacements, removals, renewals, and Restorations. With respect to the repair of the Premises required as a result of any casualty or taking, if any of Tenant’s obligations under this Section 12.1 are inconsistent with the requirements for Restoration under Sections 8 and 9 of this Lease, the provisions of Sections 8 and 9 govern.
12.2. Tenant4.03 Tenant shall put, at its sole cost and expense, must take good care of and keep and maintain all portions of the Demised Premises and the sidewalks, curbs, parking areas and passageways adjoining the same in a clean and orderly condition the public portions condition, free of the Premises as necessary and keep clean and free from dirt, rubbish, snow, ice, rubbish, obstructions ice and encumbrances, the sidewalks, grounds, vaults, chutes, sidewalk hoists, and curbs on, in front of or adjacent to the Premisesunlawful obstructions.
12.3. 4.04 Landlord is shall not be required to furnish any services, utilities services or facilities whatsoever to the Building or the Premises (including, without limitation, electricity, gas, telephone and other information technology infrastructure, steam, water, sewer, heating, ventilating and air conditioning, cleaning and security), nor does Landlord have any duty or obligation to make any alterations, change, improvement, replacement, restoration repairs or repair to, alterations in or to demolish, any buildings or other improvement presently or later located on the Premises or the BuildingDemised Premises. Tenant hereby assumes the full and sole responsibility for obtaining all services, utilities and facilities required at the Building and the Premises, and for the condition, operation, repair, alteration, improvement, replacement, maintenance, maintenance and management of the Demised Premises, and must . Tenant shall pay all costscharges for electricity, expenses and charges of every kind and nature necessary to satisfy this obligation. Tenant indemnifies Landlord againstgas, and holds Landlord harmless fromfuel oil, all such costswater, expenses, and charges. It is expressly understood and agreed that Landlord has no liability for any provision, interruption or termination of utility services to the Premises and Tenant shall have no right to abatement of Rent or other charges under this Lease nor any right to terminate this Lease in the event of any failure to provide, interruption or termination of utility services.
12.4. Without limitation of any of the provisions of this Section 12, Tenant must not clean or require, permit, suffer or allow any window in the Building to be cleaned from the outside in violation of Section 202 of the New York State Labor Law or of the rules of the New York State Industrial Board or other state, county or municipal department, board or body having or asserting jurisdiction, as then in force.telephones,
Appears in 1 contract
Sources: Lease Agreement (Cannondale Corp /)
Repairs; Services. SECTION 12.1. Except for Landlord's construction and (if any) repair obligations expressly set forth herein, Tenant, at its sole cost and expense, must throughout the TermTerm and all Renewal Terms (if exercised), shall take good care of the Premises Parcels including, without limiting the generality of the foregoing, all structural components (including but not limited to all roofs, foundations, slabs, and supporting members), non-structural items, building systems, parking areas, driveways and other paved surfaces, and sidewalks and curbs in front of or adjacent to the Parcels, all landscaping and all irrigation and landscape watering systems, all water, sewer and gas connections, pipes and mains which service the Parcels and which neither the City of Jacksonville, the Association, ▇▇▇▇▇ nor a utility company is obligated to repair and maintain, and all Equipment, must and shall keep and maintain the Premises Parcels in good and safe order and working condition, and must make all repairs inside, on therein and outside the Premises, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, thereon necessary to keep the Premises same in good and safe order and working condition and to comply with all applicable laws (including but not limited to the Americans with Disabilities Act), ordinances, orders, rules, regulations, codes and requirements of the City of Jacksonville and all other Governmental Authorities, howsoever the necessity or desirability of such repairs may occur, except for:
(a) ordinary wear and tear (but Tenant shall be obligated to perform reasonable maintenance and shall also be obligated to perform all appropriate repairs as and when they become necessary even if they are necessitated by the effect of ordinary wear and tear); (b) damage by the elements, fire and other casualties unless Tenant is required by the provisions of this Lease, applicable law or the CC&Rs to repair and except that Tenant shall do such repairs, maintenance and other things described hereinabove to the extent that such damage is covered by insurance carried or required to be carried by Tenant hereunder; or (c) repairs or maintenance required as a result of the wrongful acts or wrongful failure to act of Landlord (but Tenant shall be required to do such repairs or maintenance to the extent that the same is covered by insurance carried or required to be carried by Tenant hereunder). (The provisions of this SECTION 12.1 shall not be construed as negating Tenant's authority to make alterations to the extent expressly permitted by other provisions of this Lease.) The necessity and adequacy of repairs made or to be made shall be measured by standards which are appropriate for buildings of similar age, construction and use that are situated in the City of Jacksonville, Florida. Tenant shall not commit or suffer, and Tenant shall use all reasonable precau tions to prevent, waste, damage, or injury to the Parcels. All repairs made by Tenant shall be at least equal in quality and class to the original work and shall be made in compliance with (i) all rules, orders, regulations and requirements of the Florida Board of Fire Underwriters or any successor thereto and (ii) all applicable laws, ordinances, orders, rules, regulations, codes and requirements of the City of Jacksonville and all other Governmental Authorities, regardless of how and (iii) the repairs came to be necessary or desirable and whether or not the repairs are necessitated by wear and tear, obsolescence or defects, latent or otherwise. The necessity and adequacy of repairs made will be measured by standards which are appropriate for buildings of similar age, construction and use, but in no event is Tenant obligated to maintain the building or Premises in better condition or repair than exists as of the date of this Lease, except to the extent necessary to keep the Premises in good and safe order and working condition and to comply with all applicable laws, ordinances, orders, rules, regulations, codes and requirements of all Governmental Authorities. Tenant must not commit or suffer, and must use all reasonable precautions to prevent waste, damage, or injury to the Premises. All repairs made by Tenant must be at least equal in quality and class to the original work and must be made in compliance with all RequirementsCC&R's. When used in this Lease, the term “repairs” includes terms "REPAIR" or "REPAIRS" shall include all alterations, additions, installationsinstalla tions, replacements, removals, renewals, renewals and Restorations. With respect to the repair of the Premises required as a result of any casualty or taking, if any of Tenant’s 's obligations under this Section SECTION 12.1 are shall be inconsistent with the requirements for Restoration under Sections ARTICLES 8 and 9 of this Leasehereof, the provisions of Sections ARTICLES 8 and 9 shall govern.
12.2. Tenant, at its sole cost and expense, must take good care of and keep and maintain in clean and orderly condition the public portions of the Premises as necessary and keep clean and free from dirt, snow, ice, rubbish, obstructions and encumbrances, the sidewalks, grounds, vaults, chutes, sidewalk hoists, and curbs on, in front of or adjacent to the Premises.
12.3. Landlord is not required to furnish any services, utilities or facilities whatsoever to the Building or the Premises (including, without limitation, electricity, gas, telephone and other information technology infrastructure, steam, water, sewer, heating, ventilating and air conditioning, cleaning and security), nor does Landlord have any duty or obligation to make any alterations, change, improvement, replacement, restoration or repair to, or to demolish, any buildings or other improvement presently or later located on the Premises or the Building. Tenant assumes the full and sole responsibility for obtaining all services, utilities and facilities required at the Building and the Premises, and for the condition, operation, repair, alteration, improvement, replacement, maintenance, and management of the Premises, and must pay all costs, expenses and charges of every kind and nature necessary to satisfy this obligation. Tenant indemnifies Landlord against, and holds Landlord harmless from, all such costs, expenses, and charges. It is expressly understood and agreed that Landlord has no liability for any provision, interruption or termination of utility services to the Premises and Tenant shall have no right to abatement of Rent or other charges under this Lease nor any right to terminate this Lease in the event of any failure to provide, interruption or termination of utility services.
12.4. Without limitation of any of the provisions of this Section 12, Tenant must not clean or require, permit, suffer or allow any window in the Building to be cleaned from the outside in violation of Section 202 of the New York State Labor Law or of the rules of the New York State Industrial Board or other state, county or municipal department, board or body having or asserting jurisdiction, as then in force.
Appears in 1 contract
Sources: Lease Agreement (Coach Inc)