Common use of Repairs Clause in Contracts

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 3 contracts

Samples: Office Lease (Square, Inc.), Office Lease (Square, Inc.), Office Lease (Square, Inc.)

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Repairs. Landlord shall at all times during the Lease Term maintain Section 6.1. Tenant covenants to use due care in good condition its use and operating order in a manner consistent with Comparable Buildings the structural portions occupancy of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms Premises and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”)not to commit waste. Except as specifically set forth otherwise provided in this Section 6.1, Tenant shall not be obligated to repair any Building Systems. Tenant shall, however, at its own cost and expense, maintain and repair and, to the extent deemed appropriate by Tenant, monitor the Security System. Notwithstanding any provision contained in this Lease to the contrary, all damage or injury to the Premises, and all damage or injury to any other part of the Building, or to its fixtures, equipment and appurtenances (including Building Systems), whether requiring structural or nonstructural repairs, caused by the moving of Tenant's Property or caused by or resulting from any act or omission of, or Alterations made by, Tenant or Persons Within Tenant's Control, shall be repaired by Tenant, at Tenant's sole cost and expense, to the reasonable satisfaction of Landlord (if the required repairs are non-structural in nature and do not affect any Building Systems), or by Landlord at Tenant's sole cost and expense (if the required repairs are structural in nature or affect any Building Systems). All of the aforesaid repairs shall be performed in a manner and with materials and design of first class and quality consistent with first-class office buildings in Memphis and shall be made in accordance with the provisions of Article 5. If Tenant shall not fail, after five (5) days notice (or such shorter period as may be required to repair the Building Structure and/or the Building Systems except to the extent required because of an emergency), to proceed with due diligence to make repairs required to be made by Tenant’s use of , the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified same may be made by Landlord, pursuant to at the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control expense of Tenant; provided however, that if Tenant fails and the expenses thereof incurred by Landlord, with interest thereon at the Applicable Rate, shall be paid to make such repairsLandlord, as Additional Rent, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and ten (10) days after rendition of a xxxx or statement therefor. Tenant shall pay give Landlord the cost thereofprompt notice of any defective condition in any Building Systems located in, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs servicing or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to passing through the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 3 contracts

Samples: Agreement of Lease (Harrahs Entertainment Inc), Purchase and Sale Agreement (Harrahs Entertainment Inc), Agreement (Harrahs Entertainment Inc)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and furnishings thereinequipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof fifteen percent (to be uniformly established for the Building and/or the Property15%) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements supervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for samerepairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property Project or to any equipment located in the Property Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 3 contracts

Samples: Office Lease (Tracon Pharmaceuticals Inc), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.)

Repairs. The Landlord shall at warrants that all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler electrical and HVAC systems installed or furnished by in the Premises are in good working order, subject to normal wear and tear, as of the Effective Date. Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease shall make all necessary repairs and replacements to the contrarybuilding in which the demised premises are located, and to the common areas and electrical systems located therein, and Landlord shall also make all repairs to the demised premises which are structural in nature or required due to fire, casualty or other act of God; provided, however that Tenant shall not be required to repair make all repairs and replacements arising from its act, neglect or default. Tenant shall keep the Building Structure and/or demised premises in good repair, and Tenant shall upon the Building Systems except to the extent required because of Tenant’s use expiration of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms term of this Lease, including without limitationyield and deliver up the demised premises in like condition as when taken, Section 5.3 reasonable use and Article 8 hereof, but subject wear thereof and repairs required to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Termbe made by Landlord excepted. In additionthe event that the Landlord shall deem it necessary or be required by any governmental authority to alter, subject to Articles 10repair, 11 and 13 Tenant shallremove, at reconstruct or improve any part of the demised premises or of the building in which the demised premises are located (unless the same result from Tenant’s own expenseact, but under the supervision and subject to the prior approval neglect, default or mode of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair operation in which event Tenant shall make all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice alterations and cure periods improvements), then the same shall be made by the Landlord maywith reasonable dispatch, but need nothowever, make such repairs and replacements, and obligation of Tenant shall pay Landlord not extend to maintenance, repairs or replacements necessitated by the cost thereof, including a percentage intentional wrongdoing or gross negligence of Landlord. If all or part of the cost thereof (to be uniformly established Premises are unfit for occupancy by reason of: 1) damage or destruction for which the Building and/or the PropertyTenant is not responsible hereunder; or 2) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, or improvements commenced by Landlord if it deems necessary in its sole discretion or additions if required by governmental authority, the Base Rent from the date the Premises are unfit for occupancy until the Premises are fit for occupancy will be abated in proportion to the ratio that the portion of the Premises that is unfit for occupancy bears to that portion of the Premises that is fit for occupancy. If repairs, improvements, alterations, reconstruction, etc. to the Premises or to cannot be completed within ninety (90) days, the Property or to any equipment located in Tenant may, at its option, terminate this Lease and the Property as Landlord shall desire or deem necessary or as Landlord may be required immediately refund to do Tenant all unearned rent and other charges paid in advance by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts Tenant to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectLandlord.

Appears in 3 contracts

Samples: Commercial Lease Agreement (Amesite Inc.), Commercial Lease Agreement (Amesite Operating Co), Commercial Lease Agreement (Amesite Inc.)

Repairs. Landlord shall operate, maintain and make all necessary repairs (both structural and nonstructural) to the roof, foundation, load-bearing walls, façade, exterior windows, those parts of the Building Systems that provide service to the Premises (but not to the Tenant's Distribution Systems or Alterations) and the common areas of the Building, in conformance with standards applicable to comparable non-institutional first-class office buildings in the City of Boston. Tenant, at all times during Tenant's sole cost and expense, shall take good care of the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the internal, non-structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”)Premises, and the “Base Building” (fixtures, equipment, Alterations and appurtenances therein and the Tenant's Distribution Systems and shall make all repairs thereto as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease when needed to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, preserve them in good orderworking order and condition. Notwithstanding the foregoing, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions injury to the Premises or to the Property Excluded Areas or to any other part of the Building and Building Systems, or to its fixtures, equipment located and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from negligent acts or omissions, neglect or improper conduct of, or Alterations made by, Tenant, Tenant's agents, employees, contractors, invitees or licensees, shall be repaired at Tenant's sole cost and expense. Any repair required to be made by Tenant hereunder shall be made by (A) Tenant to the reasonable satisfaction of Landlord using contractors or other service providers reasonably acceptable to Landlord (if the required repairs are nonstructural in nature and do not affect any Building System), or (B) Landlord at Tenant's expense (if the required repairs are structural in nature or affect any Building System). All of the aforesaid repairs shall be of good quality and of a class consistent with non-institutional first-class office building work or construction and shall be made in accordance with the provisions of Article 7 hereof. Tenant shall give Landlord prompt notice of any defective condition in the Property as Landlord shall desire Building or deem necessary in any Building System, located in, servicing or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to passing through the Premises. , as soon as Tenant hereby waives any and all rights under and benefits becomes aware of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectsame.

Appears in 2 contracts

Samples: Office Lease (Tufin Software Technologies Ltd.), Office Lease (Tufin Software Technologies Ltd.)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor covering of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the PropertyProject) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property Project or to any equipment located in the Property Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 2 contracts

Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)

Repairs. Landlord 4. Owner shall at all times during maintain and repair the Lease Term maintain in good condition exterior of and operating order in a manner consistent with Comparable Buildings the structural public portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operationsbuilding. Tenant shall, throughout the term of this lease, take good care of the demised premises including the bathrooms and lavatory facilities (if the demised premises encompass the entire floor of the building), the windows and window frames, and the fixtures and appurtenances therein, and at Tenant’s own expense, pursuant sole cost and expense promptly make all repairs thereto and to the terms building, whether structural or non-structural in nature, caused by, or resulting from, the carelessness, omission, neglect or improper conduct of Tenant, Tenant’s servants, employees, invitees, or licensees, and whether or not arising from Tenant’s conduct or omission, when required by other provisions of this Leaselease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Termarticle 6. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately shall also repair all damage to the Premises building and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage the demised premises caused by ordinary wear and tear or beyond the reasonable control moving of Tenant; provided however’s fixtures, that if furniture or equipment. All the aforesaid repairs shall be of quality or class equal to the original work or construction. If Tenant fails fails, after ten (10) days notice, to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Owner at the expense of Tenant, and the expenses thereof incurred by Owner shall be collectible, as additional rent, after rendition of a xxxx or statement therefore. If the demised premises be or become infested with vermin, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Owner prompt notice of any defective condition in any plumbing, heating system or electrical lines located in the demised premises and following such repairs, within applicable notice and cure periods Landlord maynotice. Owner shall remedy the condition with due diligence, but need notat the expense of Tenant, make such if repairs are necessitated by damage or injury attributable to Tenant, Tenant’s servants, agents, employees, invitees or licensees as aforesaid. Except as specifically provided in Article 9 or elsewhere in this lease, there shall be no allowance to Tenant for a diminution of rental value and replacementsno liability on the part of Owner by reason of inconvenience, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (annoyance or injury to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses business arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord mayOwner, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 Tenant or others making or failing to make such any repairs, alterations, additions or improvements or additions to the Premises or to the Property in or to any portion of the building or the demised premises, or in and to the fixtures, appurtenances or equipment located thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease. Tenant agrees that Tenant’s sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 with respect to the making of repairs shall not apply in the Property as Landlord case of fire or other casualty with regard to which Article 9 hereof shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decreeapply. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.Window Cleaning:

Appears in 2 contracts

Samples: Integral Ad Science Holding LLC, Integral Ad Science Holding LLC

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order and keep in a manner consistent with Comparable Buildings good repair and condition the structural portions of the Building, including, without limitation, including the foundation, floor floor/ceiling slabs, ceilingsroof structure (as opposed to roof membrane), roofcurtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, escalatorselevator cab, elevatorsmen’s and women’s washrooms, base building restrooms Building mechanical, electrical and telephone closets, and all Common Areascommon and public areas servicing the Building, including the parking areas, landscaping and exterior landscaping Project signage (collectively, the “Building Structure”), ) and the Base Building” (as that term is defined below) Building mechanical, electrical, life safety, plumbing, sprinkler systems, roof membrane and HVAC systems installed or furnished which were not constructed by Landlord Tenant Parties (collectively, the “Building Systems”)) and the Project Common Areas. Except as specifically set forth in this Lease Subject to the contraryterms of Article 11, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of caused due to Tenant’s use negligence or willful misconduct, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the Premises for other than normal extent applicable to Tenant as qualified and customary business office operationsconditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures fixtures, equipment, interior window coverings and furnishings therein, and the floor or floors of the Building on which the Premises is located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the PropertyProject, but not in excess of five percent (5%)) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on in accordance with the terms set forth in Section 27.1 of Article 27 below to make such repairs, alterations, improvements or additions to the Premises or to the Property Project or to any equipment located in the Property Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. ; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect materially interfere with Tenant’s use of of, or access to to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 2 contracts

Samples: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)

Repairs. 7.1 Landlord shall at all times during the Lease Term (with the exception of Tenant’s rights with respect to the HVAC set forth in Section 6.9 above) maintain in good condition and operating order and in a manner consistent reasonably commensurate with the maintenance standards of owners of Comparable Buildings Buildings, the structural portions of the Building, including, without limitation, all Base Building, the exterior walls, foundation, floor slabsroof of the Building, ceilings, roof, columns, beams, shaftsthe structural portions of the floors of the Building, stairs, stairwells, escalators, elevators, base building restrooms parking areas, exterior landscaping and all Common Areas, including exterior landscaping Areas (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) ’s mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (and all associated equipment, boilers, connections and/or facilities related to such HVAC systems) (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems ) except to the extent that such repairs are required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant due to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace gross negligence or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control willful misconduct of Tenant; provided provided, however, that if Tenant fails such repairs are due to make such repairsthe gross negligence or willful misconduct of Tenant, within applicable notice and cure periods Landlord may, but need not, shall nevertheless make such repairs and replacementsat Tenant’s expense, and or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameany deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times on (upon not less than forty-eight (48) hours advance written notice, except in the terms set forth case of emergencies in Section 27.1 which case no such notice shall be required and such entry may be at any time) to make such repairs, alterations, improvements or additions to the Premises or to the Property Project or to any equipment located in the Property Project as Landlord shall desire or deem reasonable necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete minimize interruption of Tenant’s operations in the Premises during any required repairs entry into the Premises pursuant to this Article 7. Tenant shall at all times, except in a manner which the case of emergencies, have the right to escort Landlord or its agents, representatives, contractors or guests while the same are in the Premises, provided such escort does not materially, materially and adversely affect TenantLandlord’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effecthereunder.

Appears in 2 contracts

Samples: Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, Inc.)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s 's own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures fixtures, equipment, window coverings, and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s 's own expense, expense but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that that, at Landlord's option, or if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the PropertyBuilding) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s 's involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the systems and equipment of the Building (collectively, the "Base Building"), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or and additions to the Premises or to the Property Building or to any equipment located in the Property Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. ; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materiallymaterially interfere with Tenant's use of, adversely affect Tenant’s use of or access to to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 2 contracts

Samples: Office Lease (Global Clean Energy Holdings, Inc.), Office Lease (Global Clean Energy Holdings, Inc.)

Repairs. (a) Landlord shall at all times during the Lease Term maintain (including repairs and replacements), in a timely manner, in good order and condition and operating order incompliance with all Law and in a manner consistent accordance with Comparable Buildings the structural standards of Class A office buildings in the CBD as reasonably determined by Landlord, all of the following: (a) Common Areas and other public portions of the Building and Parking Structure, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, (b) the windows and exterior walls, roofs, foundations and structure itself of the Building, including(c) the fire and life safety systems, without limitationmechanical, HVAC, plumbing, gas, sewer, drainage, electrical and other utility lines and equipment servicing the foundationPremises, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Building and/or the Common Areas, including exterior landscaping and (collectively, d) all other portions of the “Building Structure”), and the “Base Building” Development (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be other than leased space expressly required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, be maintained by a particular tenant pursuant to the terms of its lease). The cost of the foregoing shall be included in Expenses (except as otherwise prohibited by this Lease), including without limitationexcept for the repairs due to fire and other casualties and for the repair of damages occasioned by the negligent acts or omissions of Tenant, which Tenant shall pay to Landlord in full (unless the liability for such has been waived by Section 5.3 21). Landlord shall be responsible to supply and Article 8 hereofpay for the replacement of lighting ballasts and light bulbs, but subject and fluorescent tubes in the Building (to Landlord’s obligations be included in this Article 7 Expenses); provided, however, Tenant shall be responsible to reimburse Landlord for the cost of the lighting ballasts, light bulbs, and to Articles 10, 11 and 13, keep fluorescent tubes replaced in the Premises, including . Landlord shall promptly complete all improvements, fixtures required repairs and furnishings therein, in good order, repair any and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make which may result from such repairs and replacementsmaintenance. Landlord shall, and Tenant at its sole cost, also make all repairs to the Premises necessitated by the negligence or willful misconduct of Landlord, Landlord’s managers, contractors, employees or agents. Landlord shall pay Landlord the cost thereof, including a percentage of the cost thereof (make all repairs required to be uniformly established for made by it under this Lease within a reasonable time. Except in the Building and/or the Property) sufficient to reimburse event of an Emergency, Landlord for shall also make all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs at such times and replacements forthwith upon being billed for samein such a manner as to reasonably minimize inconvenience to Tenant in the conduct of its business. Landlord may, but shall not be required to, enter the Premises at all for the purpose of making such repairs if the same can be made on a reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use basis without entry of or access to the Premises. If said repairs can be made outside of Tenant’s business hours without substantial additional cost to Landlord, Landlord shall do so, unless Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectrequests that they be made during business hours.

Appears in 2 contracts

Samples: Lease (Rocket Companies, Inc.), Lease (Rocket Companies, Inc.)

Repairs. Landlord 11.a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at all times during Tenant's sole cost and expense, keep the Lease Term maintain Premises and every part thereof in good condition and operating order repair, damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in a manner consistent with Comparable Buildings good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that landlord has made no representation to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. 11.b. Notwithstanding the provisions of Article 11.a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, includingincluding the basic plumbing, without limitationair conditioning, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”)heating, and the “Base Building” (as that term is defined below) mechanicalelectrical systems, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invites, in which case Tenant shall pay to Landlord (collectively, the “Building Systems”)reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as specifically set forth provided in this Lease Article 22 hereof, there shall be no abatement of rent and no liability by Landlord by reason of any injury to or interference with Tenant's business arising from the contrarymaking of any repairs, Tenant shall not be required alterations or improvements in or to repair any portion of the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property in or to any fixtures, appurtenances and equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premisestherein. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or right to make repairs at Landlord's expense under any similar law, statute, statute or ordinance now or hereafter in effect.

Appears in 2 contracts

Samples: Quokka Sports Inc, Quokka Sports Inc

Repairs. Sublessee shall promptly make all repairs to the Subleased ------- Premises not required to be made by Master Landlord pursuant to the Master Lease, including, but not limited to special items and equipment installed by or on behalf of Sublessee. Sublessee shall at all times during pay for any repairs to the Lease Term Subleased Premises or the Building made necessary by any act, neglect, misuse or omission of duty by Sublessee or its assignees, subtenants, employees, invitees or their respective agents or other persons permitted in the Subleased Premises or on any other portion of the Building by Sublessee, or any of them, and will maintain the Subleased Premises, and will leave the Subleased Premises upon termination of this Sublease, in a safe, clean, neat and sanitary condition. If Sublessee fails to maintain the Subleased Premises in good order, condition and operating order in a manner consistent with Comparable Buildings repair, Sublessor shall give Sublessee notice to do such acts as are reasonably required to so maintain the Subleased Premises. If Sublessee fails to promptly commence such work and diligently prosecute it to completion, Sublessor shall have the right to do such acts and expend such funds at the expense of Sublessee as are reasonably required to perform such work. Prior to commencing any item of repair or maintenance work which is connected to the Building or may affect any structural portions portion of the Building, Building or any of its basic systems (including, without limitation, the foundationair conditioning, floor slabsheating, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanicalplumbing, electrical, life safetyand light fixtures), plumbing, sprinkler Sublessee shall notify Master Landlord and HVAC systems installed Sublessor and obtain Master Landlord's and Sublessor's prior written approval of the contractor who will perform such work. Master Landlord or furnished Sublessor may elect to perform the required work at Sublessee's cost. All amounts payable by Landlord Sublessee to Sublessor pursuant to this Section 10 shall be paid as Additional Rent within ---------- ten (collectively10) days after Sublessor delivers to Sublessee invoices or cancelled checks evidencing such payment obligations. Notwithstanding the foregoing, the “Building Systems”). Except as specifically set forth in this Lease to parties hereto acknowledge and agree that Master Landlord shall remain responsible for the contrary, Tenant shall not be performance of all repairs expressly required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, be performed by Master Landlord pursuant to the terms and conditions of this the Master Lease ("Landlord's Repair Obligations"). Sublessee shall notify both Master Landlord and Sublessor in the event that Master Landlord shall fail to perform Landlord's Repair Obligations. Upon such notification and in addition to such other rights and remedies Sublessor shall have under the Master Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but Sublessor shall either (i) take reasonable action under the supervision and subject Master Lease to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant require Master Landlord to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, brokenperform its obligations thereunder, or worn fixtures and appurtenances(ii) permit Sublessee, except for damage caused by ordinary wear and tear or beyond with Sublessor's reasonable cooperation, to enforce Master Landlord's repair obligations under the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectMaster Lease.

Appears in 2 contracts

Samples: Sublease Agreement (Creative Computers Inc), Sublease Agreement (Ubid Inc)

Repairs. Sublessee shall promptly make all repairs to the Subleased Premises not required to be made by Master Landlord pursuant to the Master Lease, including, but not limited to special items and equipment installed by or on behalf of Sublessee. Sublessee shall at all times during pay for any repairs to the Lease Term Subleased Premises or the Building made necessary by any act, neglect, misuse or omission of duty by Sublessee or its assignees, subtenants, employees, invitees or their respective agents or other persons permitted in the Subleased Premises or on any other portion of the Building by Sublessee, or any of them, and will maintain the Subleased Premises, and will leave the Subleased Premises upon termination of this Sublease, in a safe, clean, neat and sanitary condition. If Sublessee fails to maintain the Subleased Premises in good order, condition and operating order in a manner consistent with Comparable Buildings repair, Sublessor shall give Sublessee notice to do such acts as are reasonably required to so maintain the Subleased Premises. If Sublessee fails to promptly commence such work and diligently prosecute it to completion, Sublessor shall have the right to do such acts and expend such funds at the expense of Sublessee as are reasonably required to perform such work. Prior to commencing any item of repair or maintenance work which is connected to the Building or may affect any structural portions portion of the Building, Building or any of its basic systems (including, without limitation, the foundationair conditioning, floor slabsheating, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanicalplumbing, electrical, life safetyand light fixtures), plumbing, sprinkler Sublessee shall notify Master Landlord and HVAC systems installed Sublessor and obtain Master Landlord’s and Sublessor’s prior written approval of the contractor who will perform such work. Master Landlord or furnished Sublessor may elect to perform the required work at Sublessee’s cost. All amounts payable by Landlord Sublessee to Sublessor pursuant to this Section 9 shall be paid as additional rent within ten (collectively10) days after Sublessor delivers to Sublessee invoices or cancelled checks evidencing such payment obligations. Notwithstanding the foregoing, the “Building Systems”). Except as specifically set forth in this Lease to parties hereto acknowledge and agree that Master Landlord shall remain responsible for the contrary, Tenant shall not be performance of all repairs expressly required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, be performed by Master Landlord pursuant to the terms and conditions of this the Master Lease (“Landlord’s Repair Obligations”). Sublessee shall notify both Master Landlord and Sublessor in the event that Master Landlord shall fail to perform Landlord’s Repair Obligations. Upon such notification and in addition to such other rights and remedies Sublessor shall have under the Master Lease, including without limitationSublessor shall either (i) take reasonable action under the Master Lease to require Master Landlord to perform its obligations thereunder, Section 5.3 and Article 8 hereofor (ii) permit Sublessee, but subject with Sublessor’s reasonable cooperation, to enforce Master Landlord’s repair obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Master Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 2 contracts

Samples: Sublease Agreement (Ecost Com Inc), Sublease Agreement (Ecost Com Inc)

Repairs. Landlord Tenant shall promptly make, at its sole cost and expense, any and all times during repairs necessary to maintain the Lease Term Premises and shall keep and maintain in good condition the Premises and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, mechanical systems therein (including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanicalplumbing, electrical, life safetysecurity, plumbing, sprinkler cable and HVAC systems installed systems) and all landscaping and laws on the Premises in good repair, and in an orderly condition, consistent with other similar buildings in or furnished near the Location. Landlord shall assign to Tenant any warranties held by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease with respect to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use portions of the Premises for other than normal and customary business office operations. which Tenant shall, at Tenant’s own expense, pursuant to the terms of has repair or maintenance responsibility in accordance with this Lease. Without limiting the generality of the foregoing, Tenant shall make all repairs necessary to maintain the roof, foundation, exterior walls, interior structural walls, floor slabs (including floor coverings such as, without limitation, Section 5.3 tiles or carpeting) and Article 8 hereofall other items which constitute a structural component part of the Buildings and to maintain the parking lots and driveways on the Premises. Tenant will commence such repairs described above promptly, but subject in all events no later than five (5) business days after receipt of notice by Landlord that such repair is needed, and shall diligently pursue such repairs to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep completion as soon as reasonably possible after commencement of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Termsame. In addition, subject the event of an emergency (imminent and serious danger to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace persons or repair all damaged, broken, property) or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make begin such repairs within five (5) business days following receipt of such written notice or fails to diligently pursue the same to completion, and replacementsLandlord provides further written notice (a “Second Notice”) of such failure to Tenant, and Tenant shall pay Landlord the cost thereof, including a percentage fails to commence repairs within two (2) days after receipt of the cost thereof (Second Notice or to diligently pursue repairs, Landlord shall be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord mayentitled to, but shall not be required obligated to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs. Tenant shall pay Landlord within ten (10) days after written demand therefore the reasonable costs incurred by Landlord in connection with making such repairs. In no event shall Tenant be obligated under this Paragraph to repair any damage caused by any act, alterationsomission or negligence of Landlord or its employees, improvements agents, invitees, licensees, subtenants or additions contractors. The Tenant shall not have liability for failure to provide Tenant a notice of the Premises or to the Property or to need for any equipment located in the Property as Landlord such repair. All repairs under this Paragraph 6.1 shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs made in a proper and workmanlike manner which does not materially, adversely affect Tenant’s and with the use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectonly first class materials.

Appears in 2 contracts

Samples: Lease Agreement (Ex One Company, LLC), Lease Agreement (ExOne Co)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shallwill, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, Premises in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, Tenant shall promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances, except for damage caused under the supervision and subject to the approval of the Landlord, and within any reasonable period of time specified by ordinary wear and tear or beyond the reasonable control of Landlord. If the Tenant does not do so after five (5) days written notice to Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the PropertyBuilding) sufficient to reimburse Landlord for all overhead, general conditionsall, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements replacements, forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or and additions to the Premises or to the Property Building or to any equipment located in the Property Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Except as otherwise set forth in this Lease, Landlord shall use commercially reasonable efforts not under any circumstances be required to complete build any improvements on the Premises, or to make any repairs, replacements, alterations, or renewals of any nature or description to the interior of the Premises or to any of the existing improvements therein, whether interior or exterior, ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever in connection with this Lease or to inspect or maintain the Premises in any way, except as expressly set forth as follows: (a) the replacement of any roof on a building at the Premises as required, (b) repair and/or replacement of any load-bearing walls and exterior walls on buildings at the Premises as required, (c) any repair/replacement of Building mechanical systems as required, and (d) any repair/replacement of the Building foundation and all other structural repairs. Landlord shall not be required repairs in a manner which does not materiallyto make any such repair or replacement where such repair or replacement is necessitated by any action, adversely affect willful misconduct, omission, non-action, or negligence of Tenant or Tenant’s use agents, employees, customers, invitees, or contractors or caused by unlawful breaking and entering. Landlord shall not be deemed in breach of or access this Lease unless Landlord fails within a reasonable time to perform an obligation required to be performed by Landlord. For purposes of this Section 7, and except in the case of an emergency, a reasonable time shall in no event be less than ten (10) days after receipt by Landlord of written notice specifying wherein such obligation of Landlord has not been performed; provided, however, that if the nature of Landlord’s obligation is such that more than ten (10) days after such notice are reasonably required for its performance, then Landlord shall not be in breach of this Lease if performance is commenced within such ten (10) day period and thereafter diligently pursued to completion. Notwithstanding anything herein to the Premises. contrary, in addition to and not in limitation of Tenant’s remedies, if Landlord shall be deemed in breach of this Section 7, then Tenant hereby waives shall be entitled to Rent abatement until such breach is cured and Tenant shall have no claim against Landlord for any and all rights under and benefits damages suffered by reason of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectsuch breach.

Appears in 2 contracts

Samples: Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the reasonable cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the PropertyProject) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 and upon reasonable notice (if possible) to make such repairs, alterations, improvements or additions to the Premises or to the Property Project or to any equipment located in the Property Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 2 contracts

Samples: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)

Repairs. Landlord Tenant shall promptly make, at its sole cost and expense, any and all times during repairs necessary to maintain the Lease Term Premises and shall keep and maintain in good condition the Premises and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, mechanical systems therein (including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanicalplumbing, electrical, life safetysecurity, plumbing, sprinkler cable and HVAC systems installed systems) and all landscaping and laws on the Premises in good repair, and in an orderly condition, consistent with other similar buildings in or furnished near the Location. Landlord shall assign to Tenant any warranties held by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease with respect to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use portions of the Premises for other than normal and customary business office operations. which Tenant shall, at Tenant’s own expense, pursuant to the terms of has repair or maintenance responsibility in accordance with this Lease. Without limiting the generality of the foregoing, Tenant shall make all repairs necessary to maintain the roof foundation, exterior walls, interior structural walls, floor slabs (including floor coverings such as, without limitation, Section 5.3 tiles or carpeting and Article 8 hereofall other items which constitute a structural component part of the Buildings and to maintain the parking lots and driveways on the Premises. Tenant will commence such repairs described above promptly, but subject in all events no later than five (5) business days after receipt of notice by Landlord that such repair is needed, and shall diligently pursue such repairs to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep completion as soon as reasonably possible after commencement of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Termsame. In addition, subject the event of an emergency (imminent and serious danger to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace persons or repair all damaged, broken, property) or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make begin such repairs within five (5) business days following receipt of such written notice or fails to diligently pursue the same to completion, and replacementsLandlord provides further written notice (a “Second Notice”) of such failure to Tenant, and Tenant shall pay Landlord the cost thereof, including a percentage fails to commence repairs within two (2) days after receipt of the cost thereof (Second Notice or to diligently pursue repairs, Landlord shall be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord mayentitled to, but shall not be required obligated to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs. Tenant shall pay Landlord within ten (10) days after written demand therefore the reasonable costs incurred by Landlord in connection with making such repairs. In no event shall Tenant be obligated under this Paragraph to repair any damage caused by any act, alterationsomission or negligence of Landlord or its employees, improvements agents, invitees, licensees, subtenants or additions contractors. The Tenant shall not have liability for failure to provide Tenant a notice of the Premises or to the Property or to need for any equipment located in the Property as Landlord such repair. All repairs under this Paragraph 6.1 shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs made in a proper and workmanlike manner which does not materially, adversely affect Tenant’s and with the use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectonly first class materials.

Appears in 2 contracts

Samples: Lease Agreement (Ex One Company, LLC), Lease Agreement (ExOne Co)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations7.01. Tenant shall, at Tenant’s own its sole cost and expense, pursuant to be responsible for the terms maintenance and repair of this Leasethe demised premises (including all bathrooms and other sanitary facilities located therein), including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations keep same in this Article 7 good order and to Articles 10, 11 and 13, keep the Premisescondition, including all improvements, fixtures necessary painting and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlorddecorating, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs to the demised premises and replacementsthe fixtures and appurtenances therein as and when needed to preserve them in good working order and condition (except that as to structural repairs, Landlord shall be obligated to make same unless they are necessitated by any act, omission, occupancy or negligence of Tenant in violation of Tenant’s obligation under this Lease or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, in which case Tenant shall be so obligated). Tenant shall keep all glass, including windows, doors and skylights, clean and in good condition and repair and Tenant shall pay replace any glass that may be damaged with glass of the same kind and quality. Tenant shall have no obligation for cleaning exterior glass or replacing any damaged exterior glass other than that damaged by an act of Tenant. All damage or injury to the Property caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. Tenant shall promptly make all repairs in or to the demised premises or the Property for which Tenant is responsible, provided that any repairs required to be made to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other Building systems shall be performed only by Landlord. Landlord represents that, as of the cost thereofdate hereof, the Building systems which service the demised premises, including a percentage of the cost thereof (to be uniformly established for mechanical, electrical, sanitary, heating, ventilating and air-conditioning Building systems which service the Building and/or the Property) sufficient to reimburse Landlord for all overheaddemised premises, general conditions, fees are in good working order and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samecondition. Landlord may, but Tenant shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to responsible for any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 existing violations of the California Civil Code or under any similar lawcurrent provisions of Legal Requirements, statute, or ordinance now or hereafter in effectincluding the Americans with Disabilities Act.

Appears in 2 contracts

Samples: Agreement (Scynexis Inc), Office Lease (Optimer Pharmaceuticals Inc)

Repairs. Landlord LANDLORD shall at all times during not be required to keep any portion of the Lease Term maintain Leased Premises in good condition and operating order in a manner consistent with Comparable Buildings proper repair. Any work on the structural portions of the Building, including, without limitation, Leased Premises required for any reason will be performed at the foundation, floor slabs, ceilings, roof, columnsexpense of TENANT. Structural portions shall be defined as bearing walls, beams, shaftsroofs and the outside portions of the Leased Premises. TENANT will keep inside portions of the Leased Premises in good repair including, stairsbut not limited to, stairwellsall electrical, escalatorsplumbing, elevatorsheating, base building restrooms air conditioning (which shall include normal replace of heating and all Common Areasair conditioning filters at least once a year), including exterior landscaping (collectivelysigns and other mechanical installation in good order, condition and repair at TENANT’S expense and will surrender the Leased Premises at the expiration of the term, in as good condition as when received, excepting ordinary wear and tear and damage by fire or insured casualty. When used in this paragraph, the term Building Structure”)repair” shall include replacements and renewals when necessary to maintain the Leased Premises and any improvements located thereon in good order and condition, and except as expressly provided above LANDLORD shall have no obligation to repair, maintain, alter or modify the “Base Building” (as that term is defined below) mechanicalLeased Premises or any part thereof, or any plumbing, heating, electrical, life safety, plumbing, sprinkler and HVAC systems installed air conditioning or furnished by Landlord (collectively, other mechanical installation therein. Upon the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use commencement of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms term of this Lease, including without limitation, Section 5.3 LANDLORD will assign to TENANT any original warranties or guarantees obtained from manufacturers or installers for heating and Article 8 hereof, but subject air conditioning units or facilities within the Leased Premises. TENANT agrees to Landlord’s obligations in this Article 7 be solely responsible for and thereafter to repair and to Articles 10maintain the structural portions of the Leased Premises to or on which TENANT has caused any work to be done or alteration made. TENANT will obtain from reliable companies and keep in force, 11 the typical service contracts of such companies providing for the inspection and 13, keep servicing of the Premises, including all improvements, fixtures heating and furnishings therein, in good order, repair and condition at all times during the Lease Termair conditioning equipment. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such All repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant and/or replacements made by TENANT shall pay Landlord the cost thereof, including a percentage be of the cost thereof (to be uniformly established for same quality, design and class as the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectoriginal work.

Appears in 2 contracts

Samples: Agreement (Bryn Mawr Bank Corp), Bryn Mawr Bank Corp

Repairs. Landlord Owner shall at all times during maintain and repair the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural public portions of the Buildingbuilding, includingboth exterior and interior, without limitationexcept that if Owner allows Tenant to erect on the outside of the building a sign or signs, or a hoist, lift or sidewalk elevator for the foundationexclusive use of Tenant, floor slabsTenant shall maintain such exterior installations in good appearance and shall cause the same to be operated in a good and workmanlike manner and shall make all repairs thereto necessary to keep same in good order and condition, ceilingsat Tenant's own cost and expense, roofand shall cause the same to be covered by the insurance provided for hereafter in Article 8. Tenant shall, columnsthroughout the term of this lease, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms take good care of the demised premises and all Common Areas, including exterior landscaping (collectively, the “Building Structure”)fixtures and appurtenances therein, and the “Base Building” (sidewalks adjacent thereto, and at its sole cost and expense, make all non-structural repairs thereto as that term is defined below) mechanicaland when needed to preserve them in good working order and condition, electricalreasonable wear and tear, life safetyobsolescence and damage from the elements, plumbingfire or other casualty, sprinkler and HVAC systems installed excepted. If the demised premises be or furnished by Landlord (collectivelybecome infested with vermin, Tenant shall at Tenant's expense, cause the “Building Systems”)same to be exterminated from time to time to the satisfaction of Owner. Except as specifically set forth provided in Article 9 or elsewhere in this Lease lease, there shall be no allowance to the contraryTenant for the diminuation of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner, Tenant shall not be required or others making or failing to repair the Building Structure and/or the Building Systems except make any repairs, alterations additions or improvements in or to the extent required because of Tenant’s use any portion of the Premises for other than normal and customary business office operations. Tenant shallbuilding including the erection or operation of any xxxxx, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace xxxxxxx or repair all damaged, brokensidewalk shed, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property demised premises or the fixtures, appurtenances or equipment thereof. The provisions of this article 4 with respect to any equipment located the making of repairs shall not apply in the Property as Landlord shall desire case of fire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs other casualty which are dealt with in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectarticle 9 hereof.

Appears in 2 contracts

Samples: Agreement of Lease (Blue Fish Clothing Inc), Agreement of Lease (Blue Fish Clothing Inc)

Repairs. Sublessee shall promptly make all repairs to the Subleased ------- Premises not required to be made by Master Landlord pursuant to the Master Lease, including, but not limited to special items and equipment installed by or on behalf of Sublessee. Sublessee shall at all times during pay for any repairs to the Lease Term Subleased Premises or the Building made necessary by any act, neglect, misuse or omission of duty by Sublessee or its assignees, subtenants, employees, invitees or their respective agents or other persons permitted in the Subleased Premises or on any other portion of the Building by Sublessee, or any of them, and will maintain the Subleased Premises, and will leave the Subleased Premises upon termination of this Sublease, in a safe, clean, neat and sanitary condition. If Sublessee fails to maintain the Subleased Premises in good order, condition and operating order in a manner consistent with Comparable Buildings repair, Sublessor shall give Sublessee notice to do such acts as are reasonably required to so maintain the Subleased Premises. If Sublessee fails to promptly commence such work and diligently prosecute it to completion, Sublessor shall have the right to do such acts and expend such funds at the expense of Sublessee as are reasonably required to perform such work. Prior to commencing any item of repair or maintenance work which is connected to the Building or may affect any structural portions portion of the Building, Building or any of its basic systems (including, without limitation, the foundationair conditioning, floor slabsheating, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanicalplumbing, electrical, life safetyand light fixtures), plumbing, sprinkler Sublessee shall notify Master Landlord and HVAC systems installed Sublessor and obtain Master Landlord's and Sublessor's prior written approval of the contractor who will perform such work. Master Landlord or furnished Sublessor may elect to perform the required work at Sublessee's cost. All amounts payable by Landlord Sublessee to Sublessor pursuant to this Section 10 shall be ---------- paid as Additional Rent within ten (collectively10) days after Sublessor delivers to Sublessee invoices or cancelled checks evidencing such payment obligations. Notwithstanding the foregoing, the “Building Systems”). Except as specifically set forth in this Lease to parties hereto acknowledge and agree that Master Landlord shall remain responsible for the contrary, Tenant shall not be performance of all repairs expressly required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, be performed by Master Landlord pursuant to the terms and conditions of this the Master Lease ("Landlord's Repair Obligations"). Sublessee shall notify both Master Landlord and Sublessor in the event that Master Landlord shall fail to perform Landlord's Repair Obligations. Upon such notification and in addition to such other rights and remedies Sublessor shall have under the Master Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but Sublessor shall either (i) take reasonable action under the supervision and subject Master Lease to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant require Master Landlord to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, brokenperform its obligations thereunder, or worn fixtures and appurtenances(ii) permit Sublessee, except for damage caused by ordinary wear and tear or beyond with Sublessor's reasonable cooperation, to enforce Master Landlord's repair obligations under the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectMaster Lease.

Appears in 2 contracts

Samples: Sublease Agreement (Ubid Inc), Sublease Agreement (Ubid Inc)

Repairs. 8.3.1. The Landlord, at its own expense, shall promptly repair or replace any and all defects in the Landlord Improvements and Common Areas and all latent defects in the Additional Tenant Improvements. Landlord shall at all times during the Lease Term maintain in good condition also maintain, repair and operating order in a manner consistent with Comparable Buildings replace: (a) the structural portions integrity of the Building, Building (including, without limitationbut not limited to, the foundation, the exterior walls (but, excluding exterior glass), the supporting framework, the floor slabsslab (exclusive of any floor coverings), ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all roof and roof membrane); (b) the Common Areas, including exterior landscaping which shall be maintained in accordance with the standards of a Class A office park for the Research Triangle Park, North Carolina area; and (collectivelyc) any damages resulting from its or its employees, agents, or invitees negligent or willful acts. Repairs required of Landlord shall be made within five (5) business days after Landlord receives written notice from Tenant, or has actual knowledge, of the “Building Structure”)need for the repair (except that if the repair cannot be reasonably cured within that period, Landlord shall not be in default so long as it promptly and diligently pursues completion of the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”repair). Except as specifically set forth in this Lease assigned to the contraryLandlord above, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s its own expense, pursuant shall maintain and repair the Premises (including, but not limited to, the repair and replacement of the exterior glass, mechanical, plumbing, electrical systems, interior walls, floors, ceilings, security systems, the sprinkler system, and the monitoring systems) and otherwise make all repairs relating to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject Premises. All repairs to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings thereinbe made by Tenant shall be made promptly, in good ordera workmanlike manner, repair and condition at all times during the Lease Term. In addition, subject paid for by Tenant allowing no liens to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions attach either to the Premises or to the Property Tenant’s leasehold interest, and so as not to unreasonably disturb or to any equipment located inconvenience other tenants in the Property Building. Landlord shall have the right to require Tenant to provide such assurances as Landlord shall desire or deem necessary or as reasonably require (e.g., bonds, escrows, etc.) to protect Landlord may against unpaid work and to require that any work be required to do performed only by governmental or quasi-governmental authority or court order or decreeduly licensed contractors and subcontractors approved by Landlord. Landlord shall use commercially reasonable efforts make available to complete Tenant any required warranties Landlord has received which are applicable to the repairs in to be performed by Tenant. Tenant shall reimburse Landlord for all costs incurred by Landlord (over and above those amounts reimbursed by insurance carried by Landlord), along with a manner which does not materiallyten percent (10%) overhead fee, adversely affect for all repairs to the Common Areas, or Building arising out of Tenant’s use or its employees, agents, or invitees, negligent or willful acts. Continuously throughout the Term, Tenant shall maintain, at its expense, a maintenance contract covering the HVAC system located in or serving exclusively the Premises with a service contractor acceptable to and approved by Landlord in its reasonable discretion. This contract shall provide for routine maintenance, including, but not limited to, timely changing of or access all filters (at recommended intervals), adjustment and inspection of air handling mechanisms and control equipment, and performance of necessary lubrication, testing, and other such normal maintenance procedures. Notwithstanding the preceding to the Premises. contrary, in the event the Tenant hereby waives any fails to maintain the required HVAC maintenance contract, Landlord reserves the right to arrange for the HVAC system maintenance contract and all rights under and benefits charge Tenant for the reasonable costs of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectthat contract.

Appears in 2 contracts

Samples: Lease Agreement (Liquidia Technologies Inc), Lease Agreement (Liquidia Technologies Inc)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shallwill, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, Premises in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, Tenant shall promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances, except for damage caused under the supervision and subject to the approval of the Landlord, and within any reasonable period of time specified by ordinary wear and tear or beyond the reasonable control of Landlord. If the Tenant does not do so after five (5) days written notice to Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the PropertyBuilding) sufficient to reimburse Landlord for all overhead, general conditionsall, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements replacements, forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or and additions to the Premises or to the Property Building or to any equipment located in the Property Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Except as otherwise set forth in this Lease, Landlord shall use commercially reasonable efforts not under any circumstances be required to complete build any improvements on the Premises, or to make any repairs, replacements, alterations, or renewals of any nature or description to the interior of the Premises or to any of the existing improvements therein, whether interior or exterior, ordinary or extraordinary structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever in connection with this Lease or to inspect or maintain the Premises in any way, except as expressly set forth as follows: (a) the replacement of any roof on a building at the Premises as required, (b) repair and/or replacement of any load-bearing walls and exterior walls on buildings at the Premises as required, (c) any repair/replacement of Building mechanical systems as required, and (d) any repair/replacement of the Building foundation and all other structural repairs. Landlord shall not be required repairs in a manner which does not materiallyto make any such repair or replacement where such repair or replacement is necessitated by any action, adversely affect willful misconduct, omission, non action or gross negligence of Tenant or Tenant’s use agents, employees, customers, invitees, or contractors. Landlord shall not be deemed in breach of or access this Lease unless Landlord fails within a reasonable time to perform an obligation required to be performed by Landlord. For purposes of this Section 7, and except in the case of an emergency, a reasonable time shall in no event be less than ten (10) days after receipt by Landlord of written notice specifying wherein such obligation of Landlord has not been performed; provided, however, that if the nature of Landlord’s obligation is such that more than ten (10) days after such notice are reasonably required for its performance, then Landlord shall not be in breach of this Lease if performance is commenced within such ten (10) day period and thereafter diligently pursued to completion. Notwithstanding anything herein to the Premises. contrary, in addition to and not in limitation of Tenant’s remedies, if Landlord shall be deemed in breach of this Section 7, then Tenant hereby waives shall be entitled to Rent abatement until such breach is cured and Tenant shall have no claim against Landlord for any and all rights under and benefits damages suffered by reason of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectsuch breach.

Appears in 2 contracts

Samples: Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc)

Repairs. Landlord 4. Owner shall at all times during maintain and repair the Lease Term maintain in good condition exterior of and operating order in a manner consistent with Comparable Buildings the structural public portions of the Buildingbuilding, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC mechanical systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operationsbuilding (but not the air conditioning system). Tenant shall, throughout the term of this lease, take good care of the demised premises including the bathrooms and lavatory facilities (if the demised premises encompass the entire floor of the building), the windows and window frames, and the fixtures and appurtenances therein, and at Tenant’s own expense, pursuant 's sole cost and expense promptly make all repairs thereto and to the terms building, whether structural or non-structural in nature, caused by, or resulting from, the carelessness, omission, neglect or improper conduct of Tenant, Tenant's servants, employees, invitees, or licensees, and whether or not arising from Tenant's conduct or omission, when required by other provisions of this Leaselease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term6. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately shall also repair all damage to the Premises building and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage the demised premises caused by ordinary wear and tear the moving of Tenant's fixtures, furniture or beyond equipment. All the aforesaid repairs shall be of quality or class equal to the original work or construction. If Tenant fails, after 30 days notice, to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Owner at the reasonable control expense of Tenant; , and the expenses thereof incurred by Owner shall be collectible, as additional rent, after rendition of a xxxx or statement therefor. If the demised premises be or become infested with vermin, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Owner prompt notice of any defective condition in any plumbing, heating system or electrical lines located in the demised premises and following such notice, Owner shall remedy the condition with due diligence, but at the expense of Tenant, if repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees, invitees or licensees as aforesaid. Except as specifically provided howeverin Article 9 or elsewhere in this lease, that if there shall be no allowance to Tenant fails for a diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner, Tenant or others making or failing to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such any repairs, alterations, additions or improvements or additions to the Premises or to the Property in or to any portion of the building or the demised premises, or in and to the fixtures, appurtenances or equipment located thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 with respect to the making of repairs shall not apply in the Property as Landlord case of fire or other casualty with regard to which Article 9 hereof shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decreeapply. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.Window Cleaning:

Appears in 1 contract

Samples: Coach Inc

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises Landlord is responsible for other than normal repair and customary business office operations. maintenance as expressly set forth below, Tenant shall, at Tenant’s 's own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, (a) plumbing fixtures and furnishings thereinequipment such as dishwashers, garbage disposals, and insta-hot dispensers, and (b) all equipment located in the Premises that is utilized to supply supplemental HVAC to the Premises), and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant, or as set forth in Section 11 below; provided however, that that, at Landlord's option, or if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the PropertyProject) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s 's involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, in accordance with Article 27 below, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property Project or to any equipment located in the Property Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives and releases any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Office Lease (Zeltiq Aesthetics Inc)

Repairs. 14.1 Subject to the provisions of Paragraph 12, by entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair. Tenant shall, when and if needed, at Tenant's sole cost and expense, maintain and make all repairs to the Premises and every part thereof, to keep, maintain and preserve the Premises in first class condition, excepting ordinary wear and tear, casualties, condemnation and acts of God. Any such maintenance and repairs shall be performed by Landlord's contractor, or a contractor or contractors reasonably approved in advance in writing by Landlord. All costs and expenses incurred in such maintenance and repair shall be paid by Tenant within twenty (20) days after receipt of billing by Landlord or such contractor or contractors. Tenant shall upon the expiration or sooner termination of the Term hereof surrender the Premises to Landlord in the same condition as when received, reasonable wear and tear, casualties, condemnation, Hazardous Materials not existing, released or disbursed by Tenant or any of its employees, agents, contractors or invitees, acts of God and Changes not required to be removed excepted. Landlord shall at all times during have no obligation to alter, remodel, improve, repair, decorate or paint the Lease Term maintain Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth or in good condition and operating order the Tenant's Work Letter. Notwithstanding anything set forth above in a manner consistent with Comparable Buildings this Paragraph to the contrary, Tenant shall have no obligation to install, maintain, repair or replace any of the structural portions elements or systems of the Building, Building (including, without limitation, the foundationBuilding Systems, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”as defined above), and unless such work is required due to Tenant's specific use or misuse of the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, Premises. Notwithstanding any provision to the “Building Systems”). Except as specifically set forth contrary contained in this Lease to the contraryLease, as part of its maintenance and repair obligations, Tenant shall not be required to repair construct or pay the Building Structure and/or the Building Systems except to the extent required because cost of Tenant’s use (i) complying with any laws existing as of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this LeaseCommencement Date, including without limitation, Section 5.3 and Article 8 hereofall Hazardous Materials Laws (as defined below) regarding the presence of Hazardous Materials, but subject to Landlord’s obligations in this Article 7 and to Articles 10unless the same are stored, 11 and 13used or disposed of by Tenant, keep its agents, invitees or employees on, in, under or about the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and ; or (ii) the correction of any condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to existing on the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage as of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.Commencement Date;

Appears in 1 contract

Samples: Organic Inc

Repairs. Landlord shall at all times during the Lease Term maintain in good first-class condition and operating order and keep in a manner consistent with Comparable Buildings good repair and condition the structural portions of the Building, including, without limitation, including the foundation, floor floor/ceiling slabs, ceilingsroof structure (as opposed to roof membrane), roofcurtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, escalatorselevator cab, elevatorsmen’s and women’s washrooms, base building restrooms Building mechanical, electrical and telephone closets, and all Common Areascommon and public areas servicing the Building, including the parking areas, landscaping and exterior landscaping Project signage (collectively, the “Building Structure”), ) and the Base Building” (as that term is defined below) Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems installed or furnished which were not constructed by Landlord Tenant Parties (collectively, the “Building Systems”)) and the Project Common Areas. Except as specifically set forth Notwithstanding anything in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of caused due to Tenant’s use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided provided, however, that that, at Landlord’s option, or if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) business days thereafter, but need not, make such any repairs and replacements, and Tenant shall pay Landlord the cost out-of-pocket costs thereof, including a percentage plus ten percent (10%) of the cost such out-of-pocket costs thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Subject to the terms of Article 27 below, Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property Project or to any equipment located in the Property as Landlord shall desire or deem necessary or Project as Landlord may be allowed to do under this Lease or required to do by governmental or quasi-governmental authority or court order or decree. ; provided, however, except for emergencies, any such entry into the Premises by Landlord shall use commercially reasonable efforts to complete any required repairs be performed in a manner which does so as not materially, adversely affect to materially interfere with Tenant’s use of of, or access to to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.. ARTICLE 8

Appears in 1 contract

Samples: Office Lease (Okta, Inc.)

Repairs. Landlord shall at all times during maintain and repair the Lease Term maintain in good condition exterior of and operating order in a manner consistent with Comparable Buildings the structural public portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms Building and all Common Areas, including exterior landscaping (collectively, Building systems servicing the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operationsDemised Premises. Tenant shall, throughout the term of this lease, take good care of the Demised Premises and the fixtures and appurtenances therein and at Tenant’s own expense, pursuant 's sole cost and expense promptly make all repairs thereto and to the terms Building, whether structural or non-structural in nature, caused by or resulting from the carelessness, omission, neglect or improper conduct of this LeaseTenant, including without limitationTenant's servants, Section 5.3 and Article 8 hereofemployees, but subject to Landlord’s obligations in this Article 7 and to Articles 10invitees, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Termor licensees. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately shall also repair all damage to the Building and the Demised Premises caused by the moving of Tenant's fixtures, furniture or equipment. All the aforesaid repairs shall be of quality or class equal to the original work or construction. If Tenant fails, after thirty (30) days written notice, to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by the Landlord at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible, as additional rent, within thirty (30) days after rendition of a xxxx or statement therefor. If the Demised Premises be or become infested with vermin, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, heating system or electrical lines located in the Demised Premises and replace or repair all damagedfollowing such notice, brokenLandlord shall promptly remedy the condition with due diligence, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond but at the reasonable control expense of Tenant; provided however, that if repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees, invitees or licensees as aforesaid. Except as hereinafter provided, there shall be no allowance to the Tenant fails for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses business arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 Tenant or others making or failing to make such any repairs, alterations, additions or improvements or additions to the Premises or to the Property in or to any portion of the Building or the Demised Premises or in and to the fixtures, appurtenances or equipment located thereof. The provisions of this Article 4 with respect to the making of repairs shall not apply in the Property as Landlord case of fire or other casualty with regard to which Article 9 shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectapply.

Appears in 1 contract

Samples: Office Lease (Quietpower Systems Inc)

Repairs. Landlord shall shall, at all times during Landlord's sole cost and expense (but which may be included in Operating Expenses to the Lease Term extent permitted hereunder), keep and maintain in good condition working order and operating order in a manner consistent with Comparable Buildings repair, and shall make such improvements, repairs or replacements as are necessary or appropriate to, the exterior walls, all structural portions components and elements of the BuildingProject, includinglobbies, stairs, elevators (including without limitation, the foundationcabs and doors), floor slabscorridors and corridor walls and wall treatments, ceilingscarpeting, roofpublic restrooms, columnsroofs, beamsplate glass, shaftsparking areas, stairspaved areas, stairwellswalkways and drives, escalators, elevatorslandscaping, base building restrooms Building improvements, and all Common Areasfacilities, systems and equipments relating to the furnishing of services (including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, water, heating, ventilating and air conditioning, life safety, plumbing, sprinkler safety and HVAC systems installed or furnished elevators) required to be provided by Landlord pursuant to this Lease, all at such times, in such manner and to such extent as is reasonably necessary or appropriate to maintain the Project in good order and condition consistent with a first-class office building located in the Greenway Plaza and Galleria areas in Houston. All repairs, alterations or additions that affect the Project's structural components or major mechanical, electrical or plumbing systems shall be made by Landlord or its contractors only, and, subject to Section 6.7, in the case of any damage to such components or systems caused by Tenant or Tenant's agents, employees, construction contractors, or cleaning contractors, shall be paid for by Tenant in an amount equal to Landlord's costs plus seven percent (collectively7%) for overhead, which shall be payable within thirty (30) days after demand. Notwithstanding anything to the “Building Systems”). Except as specifically set forth contrary contained in this Lease to the contrarySection 5.2.1, Tenant Landlord shall not be required to repair make any improvements to or repairs of any kind or character to the Building Structure and/or leasehold improvements within the Building Systems Leased Premises during the Term, except (i) subject to Section 6.7, repairs to leasehold improvements to the extent required because of Tenant’s use they have been damaged as a result of the Premises negligence of Landlord, or Landlord's agents, employees, construction contractors, or cleaning contractors, and (ii) repairs to Building standard improvements as may be necessary for other than normal and customary business office operations. Tenant maintenance; provided, however, non-Building standard leasehold improvements shall, at Tenant’s own 's written request, be maintained, repaired or replaced by Landlord at Tenant's expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject at a cost equal to Landlord’s obligations 's costs plus seven percent (7%) overhead, which shall be payable within thirty (30) days after demand. Landlord shall, as a part of Operating Expenses, replace the flooring in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition elevators serving the Leased Premises at all times least every three (3) years during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (replacement flooring to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement of a quality in keeping with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment a first-class office building located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs Greenway Plaza and Galleria areas in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectHouston.

Appears in 1 contract

Samples: Lease Agreement (Bank United Corp)

Repairs. Landlord shall at make all times during repairs necessary to maintain the Lease Term maintain in good condition plumbing, air conditioning, and operating order in a manner consistent with Comparable Buildings the structural portions of the Buildingelectrical systems, includingwindows, without limitation, the foundation, floors (excluding floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”coverings), and all other items which do not constitute a part of the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler Premises and HVAC systems are installed or furnished by Landlord, except repairs of Tenant's trade fixtures and property and installations which Tenant was obligated to make or which were performed by Landlord (collectivelyor others at Tenant's request or expense. Landlord shall not, however, be obligated for any of such repairs until the expiration of a reasonable period of time after receipt of written notice from Tenant that such repairs are needed. In no event shall Landlord be obligated under this Paragraph to repair any damage caused by any act, omission or negligence of the Tenant or its employees, agents, invitees, licensees, subtenants, contractors, subcontractors or assignees. Tenant shall take good care of the Premises and the fixtures and appurtenances therein. Tenant shall, at its sole cost and expense, repair and replace all damage or injury to the Premises and Building and to fixtures and equipment caused by Tenant or its employees, agents, invitees, licensees, subtenants, contractors, or subcontractors, or assignees, including, but not limited to, injury or damage resulting from all or any of them moving in or out of the Building or by installation or removal of furniture, fixtures or other property, which repairs and replacements shall be in quality and class equal to the original, undamaged condition. If Tenant fails to make such repairs or replacements, the “Building Systems”)same may be made by Landlord in accordance with the provisions of Paragraph 26N hereof. Except as specifically set forth Landlord shall not be liable by reason of any inconvenience, injury to, or interference with Tenant's business arising from the making of any repairs, alterations, additions or improvements in this Lease or to the contrary, Tenant Premises or the Land and Building or to any appurtenances or equipment therein. Landlord shall use reasonable efforts to minimize such inconveniences and interference (but Landlord shall not be required to repair the Building Structure and/or the Building Systems except to the extent required perform such work after normal business hours or on an overtime basis). There shall be no abatement of rent because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, additions or improvements, except as may be specifically provided in Paragraph 11 hereof. Landlord covenants to make reasonable efforts to implement such repairs, alterations, additions or improvements or additions to the Premises or to the Property or to any equipment located in the Property as a timely and expeditious manner, but in no event shall Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectperform such work at times other than during Normal Business Hours.

Appears in 1 contract

Samples: Lease Index (Sonic Foundry Inc)

Repairs. Landlord shall Except for ordinary wear and tear and as otherwise provided in this Lease, Tenant shall, at all times during the Lease Term maintain hereof, at its sole expense, keep all Tenant's movable and removable fixtures located in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease appurtenant to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at condition, and Tenant shall promptly arrange with Landlord to have Landlord (or Landlord's agent) make repairs of all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject other damages to the prior approval Premises and the replacement or repair of Landlordall damaged or broken glass (including signs thereon), fixtures and appurtenances (including hardware and heating, cooling, ventilating, electrical, plumbing and other mechanical facilities in the Premises), with materials equal in quality and class to the original materials damaged or broken, within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required toto do so, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such any repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property additions, including, but not limited to, ducts and all other facilities for heating and air conditioning service, as Landlord shall desire or deem necessary for the safety, preservation or improvement of the Building, or as Landlord may be required to do by governmental any Government Entity or quasi-governmental authority or court order or decreeLaw. The cost of all repairs made by Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the PremisesProperty which are made necessary as a result of misuse or neglect by Tenant or Tenant's employees, invitees or agents shall be paid as additional Rent by Tenant to Landlord within 30 days after Tenant is billed for same. The cost of all other repairs and replacements (except those caused by Xxxxxx's misuse or negligence and those relating to Tenant's movable fixtures) shall be paid for by the Landlord and deemed an item of Operating Expenses. Tenant hereby waives shall notify Landlord, in writing, of any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 damage to the Premises promptly after learning of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectsame.

Appears in 1 contract

Samples: Exhibit Number (Northern Trust Corp)

Repairs. Landlord's sole responsibility for repair work is to keep the ------- roof and exterior walls of the building leak free and to make all structural repairs necessary to the roof or exterior walls of the building where the need for such structural repairs is not caused by any act or omission of the Tenant or the Tenant's agents, employees or invitees. "Structural repairs" means repairs necessary to keep the building from collapsing or sagging, or to prevent the Premises from being condemned because of structural insufficiency. Landlord shall at all times during also be responsible for maintaining and repairing the Lease Term maintain Property and the major plumbing and utility service lines on the Property to the perimeter of the Premises; provided, however, that Tenant shall be responsible for repairs caused by the Tenant, such as a plumbing clog. Tenant acknowledges that the Premises are in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Buildingthat all fixtures, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms equipment and all Common Areas, including exterior landscaping (collectively, the “Building Structure”)appurtenances are I good working order, and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease agrees to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of maintain the Premises for other than normal in the same condition, order and customary business office operations. Tenant shall, repair as they are at Tenant’s own expense, pursuant to the terms tire commencement of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject agrees to Landlord’s obligations make all repairs and replacements in this Article 7 and about the premises necessary to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, preserve them in good orderorder and condition, which repairs and replacements made by Tenant shall be in equal quality and class to the original work. Tenant shall also maintain, repair and condition at all times during replace the Lease Termair conditioning units serving the demised Premises. In additionTenant shall promptly pay the expense of any such repairs. All additions, subject to Articles 10fixtures or Improvements which may be made or installed by Tenant, 11 except movable furniture and 13 Tenant shallfixtures, at Tenant’s own expense, but under shall become the supervision property of the Landlord and subject to remain upon the prior approval of LandlordPremises as a part thereof, and within any reasonable period of time specified by Landlord, pursuant to be surrendered with the terms Premises at the termination of this Lease, promptly and adequately at the option of the Landlord. If landlord elects to allow Tenant to remove such fixtures or additions, Tenant shall repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for any damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premisesremoval. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of shell not demolish, replace or materially alter the California Civil Code or under any similar law, statutebuilding containing the demised Premises, or ordinance now any part then, whether voluntary or hereafter in effectconnection with any repair or restoration required by this Lease.

Appears in 1 contract

Samples: Eco Rx Inc

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expenseall times, pursuant to keep the terms Premises neat, clean and in a sanitary condition. Tenant shall pay for the replacement of any glass for its Premises. Except for reasonable wear and tear, Tenant shall, at all times, preserve the Premises in as good repair as on date of possession; and at the expiration or sooner termination of this Lease, including without limitation, Section 5.3 Tenant shall leave the Premises in a neat and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 clean condition and to Articles 10, 11 and 13, keep is as good repair as that on the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval date of Landlordpossession, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair will deliver up all damage keys belonging to the Premises to the Landlord. Failure to do so shall be a breach of this Lease and replace or repair Landlord may do all damagedwork necessary to restore the Premises to their original condition at time of possession after notifying the Tenant, brokenin writing, or worn fixtures and appurtenancesof the estimated costs, except for damage caused by ordinary wear and tear or beyond which the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samedemand. Landlord may, but shall not be required to, enter have the right to inspect the Premises at all reasonable times times, with reasonable notice to the Tenant, and the right to enter the same for the purpose of inspection, cleaning, repairing, altering, or improving the same; but nothing contained in this paragraph shall be construed to impose any obligation on the terms set forth in Section 27.1 Landlord to make such any repairs, alterations, or improvements. All repairs, alternations, or improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs made in a manner which does not materiallyand by persons approved and authorized by Landlord in writing. The Tenant shall be responsible for maintenance, adversely affect Tenant’s use repair, and replacement of or the overhead garage door and the man door used for access to the Premises. The Tenant hereby waives any must maintain these doors in as good of repair as on the date of possession. If such doors are damaged, the Tenant shall repair and/or replace the door(s) as necessary to make them in good condition in a prompt fashion. Reasonable wear and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effecttear is excepted.

Appears in 1 contract

Samples: Commercial Lease

Repairs. Landlord shall at make the necessary structural ------- repairs to the roof and walls of the building of which the Premises are a part (such obligation not to include operating parts such as overhead ducts or fans or skylights). Except for the above and for what may other-wise be specifically provided for in this Lease, Tenant shall be responsible for all times during maintenance and repairs of and to the Lease Term maintain Premises, including but not limited to the following responsibilities: Tenant shall take good care of the Premises and the fixtures, appurtenances and systems in or affecting the Premises (including but not limited to plumbing, sewers, gutters, downspouts, doors, painting, windows, electrical heating and sprinkler and air conditioning, if any, except components thereof servicing the entire building of which the Premises are a part, such as main power lines, water mains and general sewer lines), and shall make all repairs thereto or replace as and when needed to preserve them in good condition working order and operating order condition, and shall maintain the premises in a manner consistent with Comparable Buildings clean, neat condition, and Landlord shall maintain the structural parking area and other outside portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common AreasPremises, including exterior landscaping (collectivelybut not limited to landscaping, the “Building Structure”)all necessary removal of snow, ice and debris, and maintenance of lawns, shrubbery and entranceways and Tenant shall pay its pro rata of same. Tenant shall not permit or suffer the “Base Building” (Premises to fall to such low temperature as that term is defined below) mechanicalwould cause freezing of the water lines or sprinkler servicing the Premises; and, electricalin default hereof, life safetyTenant shall promptly effect and pay for all repairs the need for which shall arise from such freezing, plumbingand shall hold Landlord harmless from any loss, sprinkler and HVAC systems installed damage or furnished liability caused by Landlord (collectively, the “Building Systems”)or arising out of such freezing. Except as specifically set forth in this Lease Notwithstanding anything above to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions injury to the Premises or to any other part of the Property said building, or to any its fixtures, equipment located in the Property as Landlord and appurtenances, whether requiring structural or non-structural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, its servants, employees, invitees or licensees, shall desire or deem necessary or as Landlord may be required to do repaired promptly by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materiallyTenant at its sole cost and expense, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any reasonable satisfaction of Landlord and all rights under and benefits of subsection 1 of in accordance with Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.8.01

Appears in 1 contract

Samples: Lease (Happy Kids Inc)

Repairs. Landlord During the entire term of this Lease, Tenant shall at its sole cost and expense keep, maintain, repair and replace the Premises and every part thereof, including but not limited to, all times during the Lease Term maintain plate glass and other glazing, show windows and entrance doors, signs, fixtures, equipment and appurtenances thereof (including lighting and plumbing fixtures, and any air conditioning system) and floor covering, in good and sanitary order, condition and operating order in a manner consistent with Comparable Buildings the structural portions repair fit for occupancy (including reasonably periodic painting and termite and other pest treatment of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”interior), and cause the “Base Building” (Premises to conform to the requirements of any governmental authority by reason of the use to which Tenant may put the Premises, and engage a responsible maintenance contractor to keep all mechanical equipment operating at a maximum efficiency at all times; upon the expiration or any earlier termination of this Lease, Tenant shall deliver the Premises to Landlord in good and sanitary order, condition and repair, reasonable wear excepted, and put all such equipment in as that term is defined below) mechanicalgood working order and condition as the same was in at the start of the Lease or any subsequent installation date, electricalreasonable wear excepted. Without limiting the generality of the foregoing, life safety, plumbing, sprinkler Tenant shall at its sole cost and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically expense perform each and every obligation set forth in this Lease to the contrary, Lease. Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shallmake any changes, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises without the prior written consent of the Landlord, which consent shall not be unreasonably withheld. All additions made by Tenant shall become part of the Premises and shall be the property of Landlord. Tenant shall not permit any lien to stand against the Premises for labor or material furnished or claim to have been furnished to Tenant or at its discretion or sufferance. If any such lien shall be filed against the Property Premises, Tenant shall cause the same to be discharged within the ten (10) days after actual notice of such filing, by payment, deposit or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decreebond. Landlord shall use commercially reasonable efforts have the right to complete post and keep posted on the Premises any required repairs in a manner notices which does not materially, adversely affect Tenant’s use of Landlord may deem to be proper for protection from liens. The right to approve and control all signs and advertising devices on or access to visible from the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 exterior of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectPremises is reserved by Landlord.

Appears in 1 contract

Samples: Lease Agreement (FNB Bancorp/Ca/)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order and keep in a manner consistent with Comparable Buildings good repair and condition the structural portions of the Building, including, without limitation, the foundation, floor floor/ceiling slabs, ceilingsroof, roofcurtain wall, exterior glass and mullions, columns, beams, shafts, stairs, stairwellsparking areas, escalatorslandscaping, elevatorsexterior Project signage, base art work, sculptures, building restrooms mechanical, HVAC currently serving the Premises and HVAC subsequently installed by Landlord to serve the Premises, electrical and telephone closets, and all Common Areascommon and public areas, including exterior landscaping all Building systems and all capital repairs and replacements (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s 's own expense, pursuant to keep the terms non structural portions of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by appurtenances ordinary wear and tear or beyond the reasonable control of Tenantexcepted; provided however, that that, at Landlord's option, or if Tenant fails to make such repairs or Tenant requests Landlord make such repairs, within and upon prior written notice to Tenant and lapse of applicable notice and cure periods period, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof not to exceed five percent (to be uniformly established for the Building and/or the Property5%) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s 's involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property Building or to any equipment located in the Property Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Office Lease (OverNear, Inc.)

Repairs. By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair, Tenant shall keep, maintain and preserve the Premises in first class condition and repair, and shall, when and if needed or whenever requested by Landlord to do so, at Tenant's sole cost and expense, make all repairs to the Premises and every part thereof, including all interior windows and doors. Tenant shall, upon the expiration or sooner termination of the term hereof, surrender the Premises to Landlord in the same condition as when received. Landlord shall at all times during have no obligation to alter, remodel, improve, repair, decorate or paint the Lease Term Premises or any part thereof. The parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. Landlord shall repair and maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, including the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, basic plumbing, sprinkler heating, ventilating, air conditioning and HVAC electrical systems installed or furnished by Landlord (collectivelyLandlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord, as additional rent, the “Building Systems”)reasonable cost of such maintenance and repairs. Except as specifically set forth in this Lease to the contrary, Tenant Landlord shall not be required liable for any failure to repair make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property in or to any fixtures, appurtenances and equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premisestherein. Tenant hereby waives any and all rights the right to make repairs at Landlord's expense under and benefits of subsection 1 of Section 1932 and California Civil Code Sections 1941 and 1942 of the California Civil Code or under and any similar other law, statute, statute or ordinance now or hereafter in effect, Landlord shall have the right to enter the premises at any time for repair or maintenance to the Building, including but not limited to the building structure, HVAC, plumbing and electrical systems.

Appears in 1 contract

Samples: Office Building Lease (SmartCool Systems, Inc.)

Repairs. Landlord Licensee shall at all times during not commit waste upon nor damage the Lease Term boat slip. Licensee shall maintain in good condition the boat slip and operating order the equipment contained therein in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms clean and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”)attractive condition. Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms Upon termination of this LeaseLicense Agreement, including without limitation, Section 5.3 Licensee shall surrender and Article 8 hereof, but subject deliver up the boat slip and its equipment attached thereto to Landlord’s obligations BHA in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, same (or better) condition in good order, repair and condition which it existed at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms commencement of this LeaseLicense Agreement, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by excepting ordinary wear and tear tear, damage arising from acts of God and damage required thereunder to be repaired by BHA. Upon the condition precedent that Licensee shall have given BHA written notice of the items needing repair, BHA will repair the mooring pilings, catwalk and bulkhead or beyond pier forming or adjacent to the boat slip within a reasonable control of Tenant; provided however, time after being so notified (except that if Tenant fails damage to any one of such structures is caused by one or more acts or omissions of Licensee, its guests or invitees, Licensee shall bear the cost of such repairs). BHA shall have the right, but not the obligation, to enter upon any part of the boat slip at all reasonable hours to inspect same and to make repairs thereto, and in connection with the making of repairs, to temporarily relocate any vessel moored therein. If BHA considers necessary any maintenance, cleaning or repairs required by the provisions of this License Agreement to be made by Licensee, BHA may request Licensee to make such repairsrepairs or maintenance or perform such cleaning and, upon Licensee's failure or refusal to do so, within applicable notice and cure periods Landlord may, ten (10) days (or in case of an emergency whether or not BHA shall have requested or obtained Licensee's prior consent) BHA shall have the right (but need not, no obligation) to perform such maintenance or make such repairs and replacementswhereupon Licensee shall, and Tenant shall pay Landlord upon demand by BHA, be responsible to reimburse BHA for the cost thereof, including of such repairs. Any sum for which Licensee shall become liable to reimburse BHA shall be deemed to be a percentage portion of the cost thereof boat slip fee due and owing by the Licensee to BHA for purposes of determining BHA's remedies in the event of failure to pay such sum to BHA. Licensee shall make no additions or changes in and/or to the pilings, the catwalk, the dock or bulkhead (to be uniformly established for and without limiting the Building and/or generality of the Property) sufficient to reimburse Landlord for all overheadforegoing, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required toinstall any lights, enter hoists, sheds, covers, storage lockers, nor other structures / items) without the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use prior written consent of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectBHA.

Appears in 1 contract

Samples: balharbourassociation.com

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations7.1. Tenant shall, at Tenant’s own its sole cost and expense, pursuant make such repairs to the terms of this Lease, including without limitation, Section 5.3 demised premises and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings thereinappurtenances therein as are necessitated by the act, in good orderomission, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 occupancy or negligence of Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified or by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary normal wear and tear or beyond by the reasonable control use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant or the performance of Alterations by or for Tenant; , as and when needed to preserve them in good working order and condition. Except as otherwise provided howeverin Section 9.04 hereof, all damage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations but Tenant shall not be responsible and Landlord shall be responsible for any such repairs, restorations or replacements as are required by Landlord's negligence or willful misconduct except to the extent that Tenant shall be compensated therefor by the proceeds of insurance or would be compensated thereof or if it had obtained the insurance coverage required under Article 9 hereof. If Tenant fails to make such repairs, restoration or replacements for which Tenant is responsible hereunder, then, upon ten (10) days prior notice (except that no such notice shall be required in case of an emergency), same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within applicable notice and cure periods Landlord may20 days after rendition of a xxxx therefor. The exterior walls of the Building, but need not, make such repairs and replacementsthe portions of any window xxxxx outside the windows, and Tenant shall pay Landlord the cost thereof, including a percentage windows are not part of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse premises demised by this Lease and Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and reserves all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 to such parts of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectBuilding.

Appears in 1 contract

Samples: Agreement of Lease (Priceline Com Inc)

Repairs. Landlord shall at all times during maintain and repair the Lease Term maintain in good condition structure of the Building, both exterior and operating order interior, the Building systems (up to the part of connection to the Premises or any other tenanted areas) and the common areas of the Building in a manner consistent with Comparable Buildings Landlord's current practice as of the structural portions date hereof. Tenant shall, throughout the Term, take good care of the Premises and the fixtures and appurtenances therein and at Tenant's sole cost and expense, make all nonstructural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements made at Tenant's request to the lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises, but Tenant shall be entitled to install its own replacement lamps, tubes and starters. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, includingor to its fixtures, without limitationequipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from the foundationneglect or willful misconduct of, floor slabsor Alterations made by, ceilingsor any work, rooflabor, columnsservice or equipment done for Tenant (other than by Landlord) or supplied to Tenant or any subtenant of Tenant, beamsor the installation, shaftsuse or operation of any property or equipment by Tenant or any of Tenant's subtenants, stairsagents, stairwellsemployees, escalatorsinvitees or licensees, elevatorsshall be repaired promptly by Tenant, base building restrooms at its sole cost and all Common Areasexpense, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because reasonable satisfaction of Tenant’s use of the Premises for other than normal and customary business office operationsLandlord. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately also shall repair all damage to the Building and the Premises caused by the moving of Tenant's fixtures, furniture or equipment. All the aforesaid repairs shall be of good quality and replace or repair all damaged, brokenclass and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after ten (10) business days notice to proceed with due diligence to make repairs required to be made by Tenant hereunder, or worn fixtures if Landlord elects to make any repairs in or to the Building or the facilities and appurtenancessystems thereof for which Tenant is responsible, except for damage caused the same may be made by ordinary wear Landlord, at the expense of Tenant, and tear or beyond the reasonable control expenses thereof incurred by Landlord shall be collectible by Landlord as additional rent promptly after rendition of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and a bxxx or statement therefor. Tenant shall pay give Landlord prompt notice of any defective condition in the cost thereofPremises for which Landlord may be responsible hereunder of which Tenant is aware. Except as expressly provided in Article 10 hereof, including there shall be no allowance to Tenant for a percentage diminution of rental value and no liability on the cost thereof (part of Landlord by reason of inconvenience, annoyance or injury to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses business arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required toTenant or others making, enter the Premises at all reasonable times on the terms set forth in Section 27.1 or failing to make such make, any repairs, alterations, additions or improvements or additions to the Premises or to the Property in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment located in thereof. If the Premises be or become infested with vermin, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the reasonable satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord, which consent shall not be unreasonably withheld or delayed. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other flammable substances shall be deposited therein. If at any time any windows of the Premises are temporarily closed, darkened or bricked-up for any reason whatsoever including, but not limited to, Landlord's own acts, or any of such windows are permanently closed, darkened or bricked-up if required by law or related to any construction upon property adjacent to the Real Property as others, Landlord shall desire not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefor nor abatement of Rent nor shall the same release Tenant from its obligations hereunder nor constitute an eviction. If at any time the windows of the Premises are temporarily closed, darkened or deem necessary bricked-up, as aforesaid, then, unless Tenant is required pursuant to this Lease to perform the repairs, maintenance, alterations or improvements, or to comply with any law which resulted in such windows being closed, darkened or bricked-up, Landlord shall perform such repairs, maintenance, alterations or improvements with reasonable diligence and otherwise take such action as Landlord may be required reasonably necessary to do by governmental minimize the period during which such windows are temporarily closed, darkened or quasibricked-governmental authority up, but the foregoing shall not require Landlord to engage overtime or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectpremium-pay labor.

Appears in 1 contract

Samples: Agreement (Marvel Enterprises Inc)

Repairs. Landlord shall at all times during Tenant will keep the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions interior of the BuildingLeased Premises, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and together with all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safetyplumbing and mechanical installations therein, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, servicing the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Leased Premises, including all improvements, fixtures and furnishings therein, in good order, order and repair and condition will make all replacements at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s its own expense, but under . Landlord represents and warrants that all installations are in good working order. Tenant will surrender the supervision and subject to Leased Premises at the prior approval expiration of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, brokenterm, or worn fixtures and appurtenancesat such other time as it may vacate the premises, except for damage in as good condition as when received, excepting depreciation caused by ordinary wear and tear and damage by fire, unavoidable accident, or beyond act of God. Tenant must engage the reasonable control services of Tenant; provided howevera reputable heating, that if ventilating and air conditioning company and obtain on an annual basis, a one-year service policy for the heating, ventilating and air conditioning equipment for the Leased Premises, and replacing of filters contained within the equipment on at least a bi-annual basis. Cost of this policy shall be borne by the Tenant and a copy of same must be mailed to Landlord within ten (10) days of occupancy in the initial year of the term of the Lease and ten (10) days after the first day of each and every subsequent year of occupancy during the term of this Lease. If Tenant fails to make obtain an annual service policy as herein described, or fails to provide Landlord with a copy of said policy within ten (10) days as required herein, Landlord shall have the right to obtain such repairspolicy and charge Tenant for the cost of said policy, within applicable notice and cure periods Landlord maysaid cost to be paid by Tenant as additional rent under this Lease. Tenant will promptly repair at its own expense any damage to the Leased Premises caused by bringing into the premises any property for Tenant's use or by the installation or removal of such property, but need notregardless of fault or by whom such damage shall be caused, make unless caused by Landlord, its agents, employees or contractors; and, in default of such repairs and replacementsby Tenant, Landlord shall make the same and Tenant shall agrees to pay Landlord the cost thereof, including a percentage of the cost thereof (to Landlord promptly upon Landlord's demand therefor. Tenant shall be uniformly established responsible for the Building and/or maintenance, cleaning and repair of all interior and exterior doors, windows and glass which comprise the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Leased Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Lease Agreement (Manchester Technologies Inc)

Repairs. Tenant shall keep the Premises clean and in good order and condition and immediately pay Landlord, upon demand, for the cost to make any repairs caused by Tenant’s negligence or misuse or that of Tenant’s family, guests, invitees or agents. Tenant shall give prompt notice of any repairs or maintenance needed. Landlord will make reasonable efforts to make necessary repairs within five business days of notification. If Tenant is experiencing an emergency, for example, lack of heat or hot water or water leaks, Landlord will attempt to make necessary repairs within one business day. Scheduling repairs may take longer than times noted above depending upon the nature of the issue, the availability of materials, and/or labor. Burned out light bulbs shall be promptly replaced by Tenant at all times Tenant’s expense with the proper size, type and wattage bulb. Resetting a circuit breaker, resetting a garbage disposal, resetting GFCI outlets, and similar actions that can be reasonably performed by Tenant without assistance, shall be the responsibility of Tenant prior to contacting Landlord for maintenance. Tenant is not authorized to conduct any structural repairs or any cosmetic repairs that would permanently alter the appearance of the Premises in any manner. Tenant agrees that, except for any window being noted as cracked or broken on the Move-In Checklist, Tenant shall reimburse Landlord the cost to repair or replace any window that becomes cracked or broken during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings term. Tenants shall be responsible for damages to the structural portions Premises caused by theft, break-ins, accidents or unexplained events of the Building, including, without limitation, Premises. Tenants shall pay for any extermination costs for any pests. Landlord reserves the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, right to charge a fee for any request made by Tenant for the “Building Structure”), and the “Base Building” (as repair of any item that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed Landlord determines was not a reasonable or furnished by Landlord (collectively, the “Building Systems”)necessary request. Except as specifically set forth in this Lease to the contrary, Tenant shall not be required incur any liabilities or expenses chargeable to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operationsLandlord. Tenant shall, at Tenant’s own expense, pursuant must make arrangements to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage provide access to the Premises and replace or repair to all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails persons whose entry is reasonably required to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such any repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Prior to entry, Tenant hereby waives must move all personal property from the area where the repairs will be made as reasonably necessary to complete the repairs. Tenant must make arrangements to restrain all Pets at all times any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of person performing repairs is present in the California Civil Code Premises in a manner sufficient to avoid any impairment to the repairs. If a repair person retained by Landlord is unable to enter or under any similar lawaccess the Premises, statuteis unable to complete the repairs, or ordinance now is delayed in completing the repairs due to Tenant’s failure to perform any obligations stated in this Section,, Tenant shall pay any charge, including time and mileage, incurred by Landlord, including any charge or hereafter in effectcost to cancel or reschedule the repair.

Appears in 1 contract

Samples: Rental Agreement

Repairs. Landlord Except as otherwise provided herein, by entry hereunder Tenant accepts the Premises as being in good, sanitary order, condition and repair. Tenant shall at all times during Tenant's sole cost and expense keep the Lease Term maintain Premises and every part thereof in good condition and operating order repair, damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of the Term surrender the Premises to Landlord in a manner consistent with Comparable Buildings the same condition as when received, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate, or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Project except as specifically herein set forth. Anything contained in the foregoing subparagraph to the contrary notwithstanding, Landlord shall repair and maintain the structural portions of Premises and the Building, including, without limitation, including the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, basic plumbing, sprinkler air condition and HVAC electrical systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, unless such maintenance and within any reasonable period of time specified repairs are caused in part or wholly by Landlordthe act, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear excepted, neglect, fault of or beyond the reasonable control omission of any duty by Tenant; provided however, that if Tenant fails to make such repairsits agents, within applicable notice and cure periods Landlord mayservants, but need notemployees or invitees, make such repairs and replacements, and in which case Tenant shall pay Landlord to Landlord, as additional rent, the reasonable cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees such maintenance and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samerepairs. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Paragraph 23 hereof there shall be no abatement of rent and no liability of Landlord by reason of any injury or interference with Tenant's business arising from the making of repairs, alterations, alterations or improvements in or additions to any portion of the Building or the Premises or to the Property in or to any fixtures, appurtenances and equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premisestherein. Tenant hereby waives any and all rights waives, the right to make repairs at Landlord's expense under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code Civic Code, or under any similar law, statute, statute or ordinance now or hereafter in effect. Landlord shall also have the right, but not the obligation, to undertake any work of repair or maintenance (including cleaning of the Premises) which Tenant is required to perform hereunder or under any other provisions of this Lease and which Tenant fails 8 or refuse to perform in a timely and efficient manner. All such work shall be subject to a charge established by Landlord, which shall be payable by Tenant to Landlord promptly upon demand.

Appears in 1 contract

Samples: Letter and Construction Agreement (Software Net Corp)

Repairs. Sublessee shall promptly make all repairs to the Subleased Premises not required to be made by Master Landlord pursuant to the Master Lease, including, but not limited to special items and equipment installed by or on behalf of Sublessee. Sublessee shall at all times during pay for any repairs to the Lease Term Subleased Premises or the Building made necessary by any act, neglect, misuse or omission of duty by Sublessee or its assignees, subtenants, employees, invitees or their respective agents or other persons permitted in the Subleased Premises or on any other portion of the Building by Sublessee, or any of them, and will maintain the Subleased Premises, and will leave the Subleased Premises upon termination of this Sublease, in a safe, clean, neat and sanitary condition. If Sublessee fails to maintain the Subleased Premises in good order, condition and operating order in a manner consistent with Comparable Buildings repair, Sublessor shall give Sublessee notice to do such acts as are reasonably required to so maintain the Subleased Premises. If Sublessee fails to promptly commence such work and diligently prosecute it to completion, Sublessor shall have the right to do such acts and expend such funds at the expense of Sublessee as are reasonably required to perform such work. Prior to commencing any item of repair or maintenance work which is connected to the Building or may affect any structural portions portion of the Building, Building or any of its basic systems (including, without limitation, the foundationair conditioning, floor slabsheating, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanicalplumbing, electrical, life safetyand light fixtures), plumbing, sprinkler Sublessee shall notify Master Landlord and HVAC systems installed Sublessor and obtain Master Landlord's and Sublessor's prior written approval of the contractor who will perform such work. Master Landlord or furnished Sublessor may elect to perform the required work at Sublessee's cost. All amounts payable by Landlord Sublessee to Sublessor pursuant to this Section 9 shall be paid as additional rent within ten (collectively10) days after Sublessor delivers to Sublessee invoices or cancelled checks evidencing such payment obligations. Notwithstanding the foregoing, the “Building Systems”). Except as specifically set forth in this Lease to parties hereto acknowledge and agree that Master Landlord shall remain responsible for the contrary, Tenant shall not be performance of all repairs expressly required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, be performed by Master Landlord pursuant to the terms and conditions of this the Master Lease ("Landlord's Repair Obligations"). Sublessee shall notify both Master Landlord and Sublessor in the event that Master Landlord shall fail to perform Landlord's Repair Obligations. Upon such notification and in addition to such other rights and remedies Sublessor shall have under the Master Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but Sublessor shall either (i) take reasonable action under the supervision and subject Master Lease to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant require Master Landlord to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, brokenperform its obligations thereunder, or worn fixtures and appurtenances(ii) permit Sublessee, except for damage caused by ordinary wear and tear or beyond with Sublessor's reasonable cooperation, to enforce Master Landlord's repair obligations under the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectMaster Lease.

Appears in 1 contract

Samples: Sublease Agreement (Ecost Com Inc)

Repairs. Landlord shall (a) Tenant shall, at all times during the Lease Term maintain its own cost and expense, keep in good order, condition and operating order in a manner consistent with Comparable Buildings the structural repair all portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common AreasPremises, including exterior landscaping (collectivelybut not limited to glass and plate glass doors, the “Building Structure”)fixtures, any special store front, interior walls and finish work, floors and floor coverings, and the “Base Building” (as that term is defined below) mechanicalsupplemental or special heating and air conditioning systems, electrical, life safety, plumbing, sprinkler except for normal wear and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”)tear. Except as specifically set forth otherwise provided in this Lease Xxxxxxxxx 0, Xxxxxx shall not be obligated to repair any Building Systems. Notwithstanding any provision to the contrary, all damage or injury to the Building, or to its fixtures and appurtenances (including Building Systems), resulting from any act or omission of, or Alterations made by Tenant or persons within Tenant's control shall be repaired by Tenant at Tenant's sole cost and expense to the reasonable satisfaction of Landlord if the required repairs are non-structural in nature and do not affect any Building Systems or by Landlord at Tenant's sole cost and expense if the required repairs are structural in nature or affect any Building Systems. If Tenant shall fail, after ten (10) days notice (or such shorter period as may be required because of an emergency) to proceed with due diligence to make required repairs, the same may be made by Landlord, and the expenses incurred with interest at the Applicable Rate (as defined in Paragraph 30), shall be paid as Additional Rent within ten (10) days after demand. Except as otherwise provided in this Subparagraph 6(a), Landlord shall not be required to repair make any repairs or improvements to the Building Structure and/or Premises, other than structural, mechanical or electrical repairs necessary for safety and tenantability, and such repairs shall be made during Business Hours. (b) Landlord shall operate, maintain and make all necessary repairs to the Building Systems and the public portions of the Building in conformance with standards applicable to non-institutional, first-class office buildings in Atlanta, except for those repairs for which Tenant is responsible pursuant to the extent required because of this Lease. Landlord shall use reasonable efforts to minimize interference with Tenant’s 's use and occupancy of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within making any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, additions or improvements; provided, however, that Landlord shall perform such work during Business Hours. Except 12 as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord for inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements or additions to the Premises or to the Property in or to any equipment located in portion of the Property as Landlord shall desire Building or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now its fixtures, appurtenances or hereafter in effectequipment. 7.

Appears in 1 contract

Samples: Lease Agreement (Intacta Technologies Inc)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order and keep in a manner consistent with Comparable Buildings good repair and condition the structural portions of the Building, including, without limitation, including the foundation, floor floor/ceiling slabs, ceilingsroof structure (as opposed to roof membrane), roofcurtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, escalatorselevator cab, elevatorsmen’s and women’s washrooms, base building restrooms Building mechanical, electrical and telephone closets, and all Common Areascommon and public areas servicing the Building, including the parking areas, landscaping and exterior landscaping Project signage (collectively, the “Building Structure”), ) and the Base Building” (as that term is defined below) Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems installed or furnished which were not constructed by Landlord Tenant Parties (collectively, the “Building Systems”)) and the Project Common Areas. Except as specifically set forth Notwithstanding anything in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of caused due to Tenant’s use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures fixtures, equipment, interior window coverings, and furnishings therein, and the floor or floors of the Building on which the Premises is located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenancesappurtenances(but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception), except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the PropertyProject) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property Project or to any equipment located in the Property Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. ; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect materially interfere with Tenant’s use of of, or access to to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Office Lease (Versartis, Inc.)

Repairs. (c) The Tenant covenants with the Landlord shall to repair, maintain and keep at all times during the Lease Term maintain Tenant’s own cost, except insofar as the obligation to repair rests upon the Landlord pursuant to this paragraph, the Leased Premises, including Leasehold Improvements, in good condition and operating order substantial repair, reasonable wear and tear excepted, provided that this obligation shall not extend to structural elements or to exterior glass or to repairs which the Landlord would be required to make under this paragraph but for the exclusion there from of defects not sufficient to impair the Tenant’s use of the Leased Premises while using them in a manner consistent with Comparable Buildings this Lease. Upon providing the structural portions Tenant reasonable prior notice (which may be verbal or by email), unless in the case of the Building, including, without limitationan emergency in which no notice is required, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, may enter the Leased Premises at all reasonable times on and view the terms set forth condition thereof; provided, however, except in Section 27.1 the event of an emergency Tenant shall have the right to make such repairshave a representative of Tenant accompany Landlord and/or Landlord’s agents, alterationsemployees or contractors, improvements or additions while any of them are within the Leased Premises for any reason. If the Tenant shall fail to repair as aforesaid after reasonable notice to do so, the Landlord may effect the repairs and the Tenant shall pay the reasonable cost thereof to the Landlord on demand. The Tenant covenants with the Landlord that the Tenant will at the expiration of the Term or sooner termination thereof peaceably surrender the Leased Premises and appurtenances in good and substantial repair and condition, reasonable wear and tear, fire or to other casualty, condemnation, and the Property or to any equipment located in the Property as acts and omissions of Landlord shall desire or deem necessary or as Landlord may be (unless required to do be insured by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and hereunder) all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectexcepted.

Appears in 1 contract

Samples: Lease Agreement (Carters Inc)

Repairs. Landlord (a) Landlord’s obligation with respect to repair as part of Basic Services shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings be limited to (i) the structural portions of the Building, (ii) the exterior walls of the Building, including, without limitation, glass and glazing, (iii) the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined belowiv) mechanical, electrical, plumbing and life safetysafety systems [except for any lavatory, plumbingshower, sprinkler toilet, wash basin and HVAC kitchen facilities that serve Tenant exclusively and any supplemental heating and air conditioning systems installed (including all plumbing connected to said facilities or furnished systems)], and (v) Common Areas. Landlord shall not be deemed to have breached any obligation with respect to the condition of any part of the Project unless Tenant has given to Landlord written notice of any required repair and Landlord has not made such repair within a reasonable time following the receipt by Landlord of such notice. The foregoing notwithstanding: (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant i) Landlord shall not be required to repair damage to any of the Building Structure and/or foregoing to the Building Systems extent caused by the acts or omissions of Tenant or it agents, employees or contractors, except to the extent covered by insurance carried by Landlord; and (ii) the obligations of Landlord pertaining to damage or destruction by casualty shall be governed by the provisions of Paragraph 9. Landlord shall have the right but not the obligation to undertake work of repair that Tenant is required because to perform under this Lease and that Tenant fails or refuses to perform in a timely and efficient manner. All costs incurred by Landlord in performing any such repair for the account of Tenant’s use Tenant shall be repaid by Tenant to Landlord upon demand, together with an administration fee equal to five percent (5%) of the Premises for other than normal and customary business office operationssuch costs. Tenant shall, at Tenant’s own expense, pursuant to the terms Except as expressly provided in Paragraph 9 of this Lease, including without limitationthere shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, Section 5.3 and Article 8 hereof, but subject alterations or improvements in or to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep any portion of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease TermBuilding or the Project. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under waives the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails right to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from at Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or expense under any similar law, statute, statute or ordinance now or hereafter in effecteffect (including the provisions of California Civil Code Section 1942 and any successive sections or statutes of a similar nature).

Appears in 1 contract

Samples: Office Lease (Aethlon Medical Inc)

Repairs. Landlord shall Tenant shall, at all times during Tenant's sole cost and expense, keep the Lease Term maintain Premises and every part thereof in good condition and operating order in a manner consistent repair (except as hereinafter provided with Comparable Buildings respect to Landlord's obligations) including without limitation, the maintenance, replacement and repair of any storefront (including plate glass), doors and locks, including any exterior metal doors and frames, windows, casements, glazing, plumbing, pipes, fire sprinkler or fire suppression system, including off-site monitor and annual certification as required by City or County codes and/or local ordinance, electrical wiring and conduits, light fixtures, including light bulb replacement, heating and air conditioning system, except that Landlord shall be responsible for the preventative maintenance of the roof top unit air conditioner(s) and shall be responsible to replace the roof top unit air conditioner should it become irreparable. Any damage to adjacent premises caused by Xxxxxx's use of the Premises shall be forthwith repaired by Tenant at Tenant’s sole cost and expense. Notwithstanding the provisions of this Section, Landlord shall repair and maintain the structural portions of the Center Building, including, without limitation, including the foundation, floor slabs, ceilings, exterior walls and roof, columnsas well as those areas excepted to Landlord pursuant to Section 2.1, beamsunless such maintenance and repairs are caused in part or in whole by the act, shaftsneglect, stairsfault or omission of any duty by Tenant, stairwellsits agents, escalatorsservants, elevatorsemployees, base building restrooms invitees, or any damage caused by breaking and all Common Areasentering, including exterior landscaping (collectivelyin which case Tenant, upon demand, shall pay to Landlord the “Building Structure”), actual cost of such maintenance and repairs. Landlord shall not be liable for any failure to make such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the “Base Building” (as that term need of such repairs or maintenance is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished given to Landlord by Landlord (collectively, the “Building Systems”)Tenant. Except as specifically set forth provided in this Lease Section 29, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Xxxxxx's business arising from the contrarymaking of any repairs, Tenant shall not be required alterations or improvements in or to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use any portion of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace Center Building or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property in or to any fixtures, appurtenances and equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premisestherein. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or right to make repairs at Landlord's expense under any similar law, statute, statute or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Retail Space Lease

Repairs. Landlord Tenant shall at all times during maintain the Lease Term maintain Leased Premises in good condition and operating order in a manner consistent with Comparable Buildings the structural portions repair, and shall be responsible, at its sole cost and expense, for all interior maintenance and repair of the BuildingLeased Premises, includingincluding without limitation all interior and mechanical repairs, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areasequipment, including utilities and systems at or within the Leased Premises and all exterior landscaping (collectivelymaintenance and repair. Tenant shall promptly make any and all necessary repairs required hereunder at its sole cost and expense, provide however that for any repairs or replacements required to be made by Tenant to the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safetysanitary, plumbingventilating, sprinkler and HVAC air conditioning or other systems installed of the Leased Premises, or furnished by Landlord (collectively, which may affect the “Building Systems”). Except as specifically set forth in this Lease to Resort or the contraryexterior or interior structure of any building thereat, Tenant shall not be required first provide notice to repair the Building Structure and/or the Building Systems except and obtain written consent from Landlord as to the extent required because of Tenant’s use of the Premises for other than normal work, contractor and customary business office operationsmaterials. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if If Tenant fails to make such repairsany necessary repairs required hereunder, within applicable notice and cure periods or to maintain the Leased Premises in at least as good condition as at the Effective Date, Landlord may, but need not, may make any such repairs required hereunder and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for collect all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameexpense therefor as Additional Rent. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions Notwithstanding anything to the contrary stated herein, Landlord reserves the light to install, erect, use, maintain, alter or repair the Leased Premises or to the Property or to in any equipment located in the Property manner as Landlord shall desire or it may deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord reasonable, except that the same shall not unreasonably interfere with Tenant's use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 enjoyment of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectLeased Premises for the purposes provided herein.

Appears in 1 contract

Samples: Assignment of Lease Agreement (Kisses From Italy, Inc.)

Repairs. (a) Landlord shall at all times during the Lease Term maintain maintain, in good order, condition and operating order in a manner consistent with Comparable Buildings repair, reasonable wear and tear and damage by casualty or eminent domain excepted, as part of Basic Services, the following: (i) the structural portions of the Building, (ii) the exterior walls of the Building, including, without limitation, glass and glazing, (iii) the foundationroof foundation and facades of the Building, floor slabs(iv) all Building Systems, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, (v) the base building restrooms and all lavatories, (vi) the Common Areas, including exterior landscaping and (collectivelyvii) all base building fire and life safety systems, the “Building Structure”), sprinklers and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by smoke detectors. Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be deemed to have breached any obligation with respect to the condition of any part of the Land or Building unless Tenant has given to Landlord written notice of any required repair and Landlord has not made such repair within a commercially reasonable time following the receipt by Landlord of such notice. The foregoing notwithstanding, (i) Tenant shall pay for the cost of any repairs as a result of damage to repair any of the Building Structure and/or foregoing to the Building Systems extent caused by the negligent acts or omissions of Tenant or it agents, employees or contractors, except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, such repairs are covered by insurance carried by Landlord pursuant to the terms provisions of Paragraph 8(e) below; and (ii) the obligations of Landlord pertaining to damage or destruction by casualty shall be governed by the provisions of Paragraph 9. Landlord shall have the right but not the obligation to undertake work of repair that Tenant is required to perform under this LeaseLease and that Tenant fails or refuses to perform after delivery of notice and expiration of any applicable grace periods. All costs incurred by Landlord in performing any such repair for the account of Tenant shall be repaid by Tenant to Landlord upon demand, including without limitationtogether with an administration fee equal to fifteen percent (15%) of such costs. There shall be no abatement of Rent, Section 5.3 and Article 8 hereofno liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, but subject alterations or improvements in or to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep any portion of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease TermBuilding or the Land. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under waives the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails right to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from at Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or expense under any similar law, statute, or ordinance Law now or hereafter in effect.

Appears in 1 contract

Samples: Sublease (Karuna Therapeutics, Inc.)

Repairs. Landlord Except for ordinary wear and as otherwise provided in this Lease, Tenant shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shallhereof, at Tenant’s own its sole expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures Premises and furnishings therein, every part thereof in good order, repair and condition at all times during the Lease Term. In additioncondition, subject to Articles 10, 11 and 13 Tenant shall, shall arrange with Landlord at Tenant’s own expense's sole expense for the prompt repair of all damages to the Premises and the replacement or repair of all damages or broken glass, but fixtures and appurtenances (including hardware and heating, cooling, ventilating, electrical, plumbing and other mechanical facilities in the Premises), with materials equal or superior in quality and class to the original materials damaged or broken, all repairs and replacements to be made under the supervision and subject to with the prior written approval of Landlord, and within any reasonable period of time specified using contractors or persons designated by Landlord, pursuant to the terms of this Lease, . If Tenant does not promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairsarrangements, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, replacements and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse amount paid by Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for sameshall be deemed Additional Rent reserved under this Lease due and payable forthwith. Landlord and its designees may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such any repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property additions, including, but not limited to, ducts and all other facilities for heating and air conditioning service, as Landlord shall desire or deem necessary for the safety, preservation or improvement of the Building, or as Landlord may be required to do by governmental or quasi-any governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required The cost of all repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Property made necessary as a result of misuse or neglect by Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar lawTenant's employees, statute, invitees or ordinance now or hereafter in effectagents shall be immediately paid as Additional Rent by Tenant to Landlord upon being billed for same.

Appears in 1 contract

Samples: Universal Access Inc

Repairs. Landlord shall at all times during LESSOR agrees to keep and maintain the Lease Term maintain Building as a first class office building, in good condition order and operating repair. Without limiting the foregoing, LESSOR will keep in good order and repair, and maintain and replace as needed (the entire cost of which shall be included in a manner consistent with Comparable Buildings CAM charges): all fixtures serving, but not located within the structural portions of the Building, including, without limitationperimeter of, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common AreasPremises, including exterior landscaping (collectivelybut not limited to, the “Building Structure”)water, and the “Base Building” (as that term is defined below) mechanicalplumbing, electricalsewer, HVAC, fire/life safety, plumbingelectrical and sprinkler systems. If any such maintenance and repairs are caused in part or in whole by the act, sprinkler neglect, fault or omission of duty by LESSEE, its agents, servants, employees or invitees, LESSEE shall pay to LESSOR the actual cost of such maintenance and HVAC systems installed repairs. LESSEE shall at once report in writing to LESSOR any known defective or furnished damaged condition of the Premises which LESSOR is required to repair pursuant to this Paragraph and LESSEE's failure to report to LESSOR any such condition or defect shall make LESSEE responsible to LESSOR for any liabilities, costs, expenses, and attorneys' fees incurred by Landlord (collectively, the “Building Systems”)LESSOR as a result of such defect or damage. Except as specifically set forth in this Lease to the contrary, Tenant LESSOR shall not be required obligated to repair the Building Structure and/or the Building Systems except commence non-emergency repairs or to the extent required because of Tenant’s use perform routine maintenance of the Premises for other than normal and customary business office operationsa period not to exceed ten (10) days following written notice to LESSOR of the need for such repair or maintenance. Tenant shall, at Tenant’s own expense, pursuant to the terms Emergency repairs shall be commenced as quickly as is reasonably practicable (for purposes of this LeaseLEASE, including without limitation, Section 5.3 and Article 8 hereof, but subject repairs involving the air conditioning system shall be deemed to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep be emergency repairs). There shall be an abatement of rent after five (5) days of non-use of the Premises, including all improvementsbut no other liability of any nature of LESSOR by reason of any injury to or interference with LESSEE's business arising from the making of any repairs, alterations or improvements in or to any portion of the Office Building or the Premises, or in or to fixtures and furnishings equipment therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shallLESSEE will, at Tenant’s its own cost and expense, but under the supervision keep and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to maintain the Premises and replace every part thereof in good order and repair except those portions of the Premises to be repaired by LESSOR expressly hereunder. LESSEE shall return the Premises to LESSOR at the expiration or sooner termination of this LEASE in as good condition and repair all damagedas when first received, broken, or worn fixtures and appurtenances, except for damage caused by ordinary reasonable wear and tear and casualty excepted. All damage or beyond injury to the reasonable control Office Building, Premises, the Common Areas, or the equipment serving same, caused by or resulting from LESSEE's misuse, or the act or negligence of Tenant; provided howeverLESSEE, its agents, employees, licensees, invitees or visitors shall be promptly reported to LESSOR and repaired by LESSOR at the sole cost and expense of LESSEE and LESSEE hereby agrees to pay such amounts on demand as Additional Rent. LESSEE shall keep in good order and repair at LESSEE'S sole cost and expense, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage portion of the cost thereof (to be uniformly established for water, plumbing, sewer, electrical and sprinkler systems located within the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use perimeter of or access to the Premises. Tenant hereby waives LESSOR shall assign to LESSEE any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectwarranties applicable to such items.

Appears in 1 contract

Samples: Lease Agreement (Marine Bancshares Inc)

Repairs. Landlord shall Tenant will during the Term, at its sole cost and expense, maintain the Premises and the fixtures and appurtenances therein in good order, condition and repair, and will neither commit nor suffer any active or permissive waste or injury thereof. At all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contraryTerm, Tenant shall maintain the Premises in accordance with all laws, rules and regulations governing its occupancy of the Premises. Tenant's responsibilities in conjunction therewith shall include, but not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of limited to, maintaining the Premises for other than normal in a first-class condition and customary business office operationsstate of repair. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own 's expense, but under the supervision direction of Landlord and subject performed by Landlord's employees or agents, or with Landlord's express written consent, by persons requested by Tenant and consented to the prior approval of Landlord, and within any reasonable period of time specified in writing by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all any injury or damage to the Premises and replace or repair all damagedBuilding caused by the misuse or neglect thereof by Tenant, brokenby Tenant's contractors, subcontractors, customers, employees, licensees, agents, or worn fixtures and appurtenancesinvitees permitted or invited (whether by express or implied invitation) on the Premises by Tenant, except for damage caused or by ordinary wear and tear Tenant moving in or beyond out of the reasonable control Premises. In the event any repairs are required to be made in or to the Premises as a result of the actions or inactions of Tenant; provided however, that if its agents, contractors, servants, employees, subtenant, concessionaires, licensees, invitees or guests, Tenant fails to make shall be responsible for payment of all such repairs, within applicable which shall be made by Landlord or its contractors. If Tenant does not make repairs promptly and adequately, Landlord may following reasonable prior notice and cure periods Landlord may(except in the case of an emergency), but need not, make such repairs and replacementsrepairs, and Tenant shall promptly pay Landlord the cost thereof, including a percentage of the cost thereof (as Rent in addition to be uniformly established the Base Rent and Additional Rent. Tenant shall pay Landlord as Rent in addition to the Base Rent and Additional Rent for overtime and for any other expense incurred in the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such event repairs, alterations, improvements decorating or additions to other work in the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does are not materiallymade, adversely affect at Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law's request, statute, or ordinance now or hereafter in effectduring ordinary business hours.

Appears in 1 contract

Samples: Lease Agreement (Nuveen John Company)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s 's own expense, pursuant keep or cause to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep be kept the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that that, at Landlord's option, or if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the PropertyProject) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s 's involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the systems and equipment of the Building, except to the extent that such repairs are required due to the negligence of Tenant; provided, however, that if such repairs are due to the negligence of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property Project or to any equipment located in the Property Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights releases its right to make repairs at Landlord's expense under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Specialty Laboratories Inc

Repairs. Landlord shall at all times during maintain and repair the Lease Term maintain in good condition exterior of and operating order in a manner consistent with Comparable Buildings the structural public portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms Building and all Common Areas, including exterior landscaping (collectively, Building systems servicing the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operationsDemised Premises. Tenant shall, throughout the term of this lease, take good care of the Demised Premises and the fixtures and appurtenances therein and at Tenant’s own expense, pursuant 's sole cost and expense promptly make all repairs thereto and to the terms Building, whether structural or non-structural in nature, caused by or resulting from the carelessness, omission, neglect or improper conduct of this LeaseTenant, including without limitationTenant's servants, Section 5.3 and Article 8 hereofemployees, but subject to Landlord’s obligations in this Article 7 and to Articles 10invitees, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Termor licensees. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately shall also repair all damage to the Building and the Demised Premises caused by the moving of Tenant's fixtures, furniture or equipment. All the aforesaid repairs shall be of quality or class equal to the original work or construction. If Tenant fails, after ten (10) days written notice, to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by the Landlord at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible, as additional rent, after rendition of a bill or statement therefor. If the Demised Premises be or become infesxxx with vermin, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, heating system or electrical lines located in the Demised Premises and replace or repair all damagedfollowing such notice, brokenLandlord shall promptly remedy the condition with due diligence, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond but at the reasonable control expense of Tenant; provided however, that if repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees, invitees or licensees as aforesaid. Except as hereinafter provided, there shall be no allowance to the Tenant fails for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses business arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 Tenant or others making or failing to make such any repairs, alterations, additions or improvements or additions to the Premises or to the Property in or to any portion of the Building or the Demised Premises or in and to the fixtures, appurtenances or equipment located thereof. The provisions of this Article 4 with respect to the making of repairs shall not apply in the Property as Landlord case of fire or other casualty with regard to which Article 9 shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectapply.

Appears in 1 contract

Samples: Loft Lease (Sparta Commercial Services, Inc.)

Repairs. A. Landlord shall at be responsible for making all times during repairs necessary to maintain the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitationplumbing, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbingfire protection, sprinkler and HVAC security systems, ventilating, air conditioning and electric systems of the Building and those serving the Leased Premises; the elevators servicing the Building; the electric feeder lines carrying electricity to the distribution boxes servicing each floor of the Building(but not including the cost of maintenance and repair of the electric lines carrying electricity from the distribution box to the Leased Premises); external windows; and structural components of the floors (excluding carpet, linoleum, wood or other flooring installed by Tenant or furnished by Landlord (collectively, the “Building Systems”Landlord). Except as specifically set forth in this Lease Landlord shall be responsible for maintaining any connections to the contraryBuilding plumbing, Tenant electric and air conditioning systems, and for making all repairs to the meters installed for measuring utility consumption pursuant to Section 9E hereof. Landlord shall not be required obligated to repair commence any such repairs within the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Leased Premises for (other than normal and customary business office operationsair conditioning maintenance) until after receipt of written notice from Tenant that such repair is needed. If any such repair is caused by any act, omission or negligence of Tenant shallor its employees, agents, invitees, licensees, subtenants, or contractors, Landlord shall have the right to make the repair at Tenant’s own 's sole cost and expense, pursuant provided that if the damage necessitating such repairs is covered by insurance carried by Landlord or Tenant, the proceeds of such insurance shall be made available by Landlord, or by Tenant, as the case may be, to cover the terms cost of this Leasesuch repairs and the rights of any party, including without limitationand of its insurer, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and shall be subject to the prior approval provisions of LandlordSection 21D. If Tenant requires maintenance, and within servicing, repair or replacement of any reasonable period of time specified special plumbing, ventilating, air conditioning, electric, fire protection or sprinkler system installed for the Tenant's benefit in the Leased Premises, such as any special air extractor equipment, whether or not such system is tied into the standard Building systems, such maintenance, servicing, repair or replacement shall be made by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, brokenits agents, or worn fixtures contractors, or, if Landlord shall so determine, by engineers or contractors engaged by Tenant and appurtenancesapproved by Landlord, except for damage caused by ordinary wear and tear or beyond but, in either event, at the reasonable control sole expense of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but unless the need not, make for such repairs is caused solely by the negligence or willful misconduct of Landlord or Administrator, their contractors, agents or employees. Any repairs by Landlord for Tenant's account shall be performed by Administrator, or under Administrator's supervision and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of such repairs shall be at rates competitive in the San Jxxx market for work of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectsame type.

Appears in 1 contract

Samples: Lease Agreement (American Community Properties Trust)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant Subject to the terms of this Lease, including without limitation, Section 5.3 and Article 8 11 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10Tenant will, 11 and 13at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, Premises in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, Tenant shall promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances, except for damage caused under the supervision and subject to the approval of the Landlord (which approval shall not unreasonably be withheld, conditioned or delayed), and within any reasonable period of time specified by ordinary wear and tear or beyond the reasonable control of Tenant; provided howeverLandlord. If Tenant does not do so, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, upon prior reasonable notice (except no notice shall be necessary in an emergency) but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage (not to exceed 10%) of the cost costs thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s 's involvement with such repairs and replacements forthwith upon replacements, within ten (10) days of being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on and with prior reasonable notice (which notice may be verbal, and except that no notice shall be required in the terms set forth in Section 27.1 event of an emergency) to make such repairs, alterations, improvements or and additions to the Premises or to the Property Building or to any equipment located in the Property Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall agrees to use commercially reasonable efforts not to complete interfere with the conduct by Tenant of its business in the Premises during ordinary business hours in connection with any required repairs such work performed by Landlord. Landlord shall, at Landlord's expense (subject to inclusion of such expenses in Operating Expenses to the extent permitted by Section 3 hereof), keep in good order, repair and condition (including the replacement) consistent with a manner which does not materiallyClass "A" office building in downtown Chicago and maintain in compliance with all applicable laws at all times during the Term, adversely affect Tenant’s use all structural elements of the Building, including floor and ceiling slabs, the exterior walls and windows, the roof, common Building mechanical, plumbing, electrical and HVAC systems, the elevators, the washrooms, the lobby of the Building and all other common areas of the Building to the extent such systems or access common areas service or are of benefit to the Premises. Tenant hereby waives Landlord represents that, to the best of its knowledge, without any independent inquiry or investigation, all common Building mechanical, plumbing, electrical and all rights under HVAC systems serving the Premises are in good working order and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 repair as of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectdate of this Lease.

Appears in 1 contract

Samples: Agreement (Orbitz Inc)

Repairs. 9.1 Tenant shall keep the Premises (including the electrical, plumbing, heating, life safety, ventilation and air conditioning systems, the roof membrane, the elevator cabs and equipment (including shafts), the Leasehold Improvements, the Premises Improvements and any Alterations whether or not installed by or for Tenant) that are not the obligation of Landlord to maintain hereunder in good order and in a safe, neat and clean condition, subject to reasonable wear and tear and the terms of Articles 15 and 16 below. Notwithstanding the foregoing, Landlord agrees, if requested by Tenant, to assign to Tenant (without recourse or, if not assignable, to make good faith diligent efforts to enforce on Tenant’s behalf, provided Landlord shall at all times during the Lease Term maintain in good condition not be required to incur out of pocket costs) any warranties and operating order in a manner consistent with Comparable Buildings the structural portions other rights Landlord may have against any third party related to elements of the BuildingPremises that Tenant is required to maintain hereunder while reserving to itself the right to enforce such warranties and rights following the termination of this Lease and with respect to those elements that Landlord is required to maintain hereunder. Tenant hereby indemnifies and holds Landlord harmless from any cost, includingdamage or loss due to Tenant’s acts or omissions with respect to such warranties and rights. Notwithstanding anything to the contrary contained herein, without limitationin the event that any of the roof membrane, window seals and glass systems, core building heating, ventilation and air conditioning system, supplemental heating, ventilation and air conditioning systems existing as of the Effective Date, the foundationelevator systems, floor slabscore building electrical service system, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base or core building restrooms and all Common Areas, including exterior landscaping plumbing system servicing the Premises or the Project (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Core Building Systems”) require replacement, rather than repair and maintenance (other than as a result of improper maintenance, misuse or abuse by Tenant). Except as specifically , upon Tenant’s request therefor, Landlord shall replace such Core Building System and the cost of such replacement shall be an Operating Cost, subject to the terms set forth in this Lease the definition of Operating Costs with respect to the contrary, such Core Building Systems. All maintenance and repairs made by Tenant shall not be required to repair performed in a good and workmanlike manner and in accordance with the Building Structure and/or the Building Systems alteration provisions of Article 10. In addition, except to the extent required because of Tenant’s use of the Premises for other than normal as provided in Sections 9.2, 9.3 and customary business office operations. 9.4, Tenant shall, at Tenant’s own expenseat, its expense and pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms conditions of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures elements of the Premises that are not Landlord’s obligation to maintain pursuant to Sections 9.2, 9.3 and appurtenances9.4 below, except for damage caused by excepting ordinary wear and tear or beyond and subject to the reasonable control terms of Tenant; provided howeverArticles 15 and 16 below. Notwithstanding anything to the contrary contained herein, that at Landlord’s option, if Tenant fails to commence to maintain the Premises or make repairs and replacements as required under this Section 9.1 within thirty (30) days following written notice to Tenant from Landlord (except in the case of an emergency, when no such repairsnotice shall be required) and thereafter diligently and continuously complete such maintenance, repairs or replacements, Landlord may deliver a second notice to Tenant, which notice shall be captioned in all capital letters “FAILURE TO RESPOND MAY RESULT IN LANDLORD COMMENCING REPAIRS”. If Tenant fails to commence such repairs within applicable notice and cure periods five (5) Business Days following such a second notice, Landlord may, but need not, perform such maintenance or make such repairs and replacements, and Tenant shall pay Landlord the cost thereofLandlord incurred in connection therewith, including a percentage of the cost thereof within thirty (to be uniformly established for the Building and/or the Property30) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from days after Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectwritten demand.

Appears in 1 contract

Samples: Lease Agreement (Atheros Communications Inc)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s 's own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and limitation Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that that, at Landlord's option, or if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the PropertyProject) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s 's involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for maintenance, repairs and replacements to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building. Landlord may, but shall not be required to, enter the Premises at all reasonable times on times, upon reasonable prior written notice, except in the terms set forth event of an emergency, in Section 27.1 which case no notice shall be required, to make such repairs, alterations, improvements or additions to the Premises or to the Property Project or to any equipment located in the Property Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Office Lease (Salon Media Group Inc)

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Repairs. Tenant shall give to Landlord shall at all times during the Lease Term maintain prompt written notice of any damage to, or defectivecondition in good condition and operating order in a manner consistent with Comparable Buildings the structural portions any part or appurtenance of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical’s plumbing, electrical, life safetyheat airconditioning or other systems serving, plumbinglocated in, sprinkler and HVAC systems installed or furnished by Landlord (collectivelypassing through the Premises. Subject to the provisions of Section 13, the “Building Systems”)Tenant shall, at the Tenant’s own expense, keep the Premises in good order, condition and repair during the term, the Tenant, at the Tenant’s expense shall keep in repair the elevators, electrical lines, plumbing fixtures located in the Building, heating and airconditioning equipment. Except as specifically set forth The Tenant at the Tenant’s expense shall comply with all laws and ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in this Lease force, applicable to the contrarypremises or to the Tenant’s use thereof, except that Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Premises, unless such alteration is required by reason of a condition which has been created by, or at the instance of, the Tenant, or is required by reason of a breach of any of the Tenant’s covenants and agreements hereunder. Landlord shall not be required to repair make any repairs or replacements of any panels, decoration, office fixtures, railing, ceiling, floor covering, partitions, or any other property installed in the Building Structure and/or Premises by the Building Systems except Tenant. Landlord shall be responsible for repairs and restoration of the Premises to the extent required because expressly provided in this lease, including the provisions of Tenant’s use Article 13 hereof, and to the extent, that the duties of repair or restoration are not imposed upon the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms provisions of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectlease.

Appears in 1 contract

Samples: Indenture of Lease (American Railcar Industries, Inc./De)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s 's own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and limitation Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings thereintherein and all heating, ventilating, air conditioning, electrical and utility systems that are located within and exclusively serve the Premises, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by casualty to, or condemnation of, the Premises, ordinary wear and tear or beyond the reasonable control of Tenantand repairs for which Landlord is responsible pursuant to this Lease; provided however, that Landlord shall have the exclusive right, exercisable at Landlord's option, but not the obligation, to make such repairs and replacements if Tenant fails to make such repairs, within the same as required hereunder after expiration of the applicable notice and cure periods Landlord may, but need not, make such repairs and replacementsperiod provided in Article 19, and Tenant shall pay to Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s 's involvement with such repairs and replacements forthwith promptly upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth and after reasonable prior written notice (except in Section 27.1 emergencies) to make such repairs, alterations, improvements or additions to the Premises or to the Property Project or to any equipment located in the Property Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete minimize any required repairs in unreasonable interference with Tenant's use and occupancy of the Premises as a manner which does not materially, adversely affect Tenant’s use result of or access to the Premisesany entry by Landlord permitted under this Article 7. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. Subject to the provisions of the immediately preceding paragraph, Articles 11 and 13 of this Lease and Tenant's obligations under Article 4 to reimburse Landlord for Tenant's Share of the cost and expenses of the following described items, Landlord shall maintain or cause to be maintained in good order, condition and repair at all times during the Lease Term, the structural portions of the roof, foundations, floors and exterior walls of the Building, the Common Areas, and the Building plumbing, heating, ventilating, air conditioning, life safety and electrical systems serving the Building and the Common Areas; provided, however, that Tenant shall pay the cost of repairs or replacements to the extent arising out of the negligence or willful misconduct of Tenant or Tenant's Agents. Landlord shall be under no obligation to inspect the Premises. Tenant shall promptly report in writing to Landlord any defective condition known to it which Landlord is required to repair.

Appears in 1 contract

Samples: Office Lease (Castlight Health, Inc.)

Repairs. Landlord shall at all times during AGENT is given the Lease Term maintain right to spend an amount not to exceed $350 per property (per unit in good condition and operating order in case of multifamily), per maintenance request, a manner consistent with Comparable Buildings month to purchase necessary items, arrange cleaning, make repairs, or make any other purchases deemed necessary by AGENT for the structural portions management of the Buildingproperty and to pay for same out of OWNER’S funds, includingand, without limitationif inadequate, OWNER shall be billed for the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms difference. OWNER agrees that any service charge for payments made by the owner via PayPal will be paid by OWNER and will be reflected on their Statement. Stress Free Property Management shall be entitled to apply any and all Common Areasrents collected as an offset against expenses incurred or bills payable for the property. This includes any rents received from Section 8 during and after the management agreement expires. This right of offset shall survive any cancellation or termination of the management agreement. • In other words, including exterior landscaping if there is balance outstanding for the property while under our management and we receive funds after our management contract ends, we can use that money to pay these bills and return the rest (collectivelyif any) to the OWNER. In case of emergency, i.e. air conditioning, heat, refrigerator, range or plumbing or any other repair the “Building Structure”)AGENT deems an emergency and or necessary in AGENT’S sole judgment for the safety of the tenant(s) or the welfare of the property, AGENT has authority to institute repairs, even if over the aforementioned limit. AGENT will arrange for all repairs, inspections, maintenance and cleanings, unless OWNER has selected, and OWNER makes arrangements with a third party directly. ** Since we are here and do this for a profession, we must have the “Base Building” ability to fix emergency repairs since we are legally liable to the tenant (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”you are). Except AGENT has affiliation with All County Maintenance, Inc. and will use All County Maintenance, Inc. as specifically set forth primary company for repairs unless owner requests otherwise in this Lease to the contrary, Tenant shall not writing. Agent also has affiliation with Stress Free Construction who might be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises used for other than normal and customary business office operationsmajor repairs or remodeling. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace ** We have NO problem with working with a Home warranty company or repair all damaged, broken, or worn fixtures and appurtenances, except anyone else you designate for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property just as Landlord shall desire or deem necessary or long as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to they complete any required repairs in a timely manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under are licensed and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectinsured.

Appears in 1 contract

Samples: www.stressfreepropertymanagement.com

Repairs. Landlord 4. Except as provided in Art. 49 of the Rider, Owner shall at all times during maintain and repair the Lease Term maintain in good condition exterior of and operating order in a manner consistent with Comparable Buildings the structural public portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operationsbuilding. Tenant shall, throughout the term of this lease, take good care of the demised premises including the bath rooms and lavatory facilities (if the demised premises encompass the entire floor of the building) and the fixtures and appurte nances therein and at Tenant’s own expense, pursuant 's sole cost and expense promptly make all repairs thereto and to the terms building, whether structural or non-structural in nature, required by said Article 49, and all those repairs caused by or resulting from the carelessness omission, neglect or improper conduct of Tenant, Tenant's servants, employees, invitees, or licensees, and whether or not arising from such Tenant conduct or omission, when required by other provisions of this Leaselease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term6. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately shall also repair all damage to the Premises building and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage the demised premises caused by ordinary wear and tear or beyond the reasonable control moving of Tenant; provided however's fixtures, that if furniture or equipment. All the aforesaid repairs shall be of quality or class equal to the original work or construction. If Tenant fails fails, after ten days notice, to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by the Owner at the expense of Tenant, and the expenses thereof incurred by Owner shall be collectible, as additional rent, after rendition of a xxxx or statement therefor. If the demised premises be or become infested with vermin, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Owner prompt notice of any defective condition in any plumbing, heating system or electrical lines serving the demised premises which under Article 49 Owner is required to repair, and following such repairsnotice, within applicable notice and cure periods Landlord mayOwner shall remedy the condition with due diligence, but need notat the expense of Tenant, make such if repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees, invitees or licensees as aforesaid. Except as specifically provided in Article 48 or elsewhere in this lease, there shall be no allowance to the Tenant for a diminution of rental value and replacementsno liability on the part of Owner by reason of inconvenience, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (annoyance or injury to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses business arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord mayOwner, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 Tenant or others making or failing to make such realize any repairs, alterations, additions or improvements or additions to the Premises or to the Property in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment located thereof. It is specifically agreed that Tenant shall not be entitled to any set off or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease except as otherwise specifically provided in this Lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of any action for damages for breach of contract except where rent setoff is specifically permitted. The provisions of this Article 4 with respect to the making of repairs shall not apply in the Property as Landlord case of force or other casualty with regard to which Article 48 hereof shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decreeapply. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.Window Cleaning:

Appears in 1 contract

Samples: Impath Inc

Repairs. Except for ordinary wear and as otherwise provided in this Lease, Tenant shall or shall cause Landlord shall to as hereinafter provided, at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shallhereof, at Tenant’s own 's sole cost and expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, Premises in good order, repair and condition at as existed beginning on the Commencement Date. Tenant shall promptly arrange with Landlord to have Landlord make repairs of all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject damage to the prior approval Premises (other than damage to movable and removable fixtures, the repair of Landlordwhich may be done by Tenant) and the replacement or repair of all damaged or broken glass (including signs thereon), fixtures and appurtenances (including hardware and heating, cooling, ventilating, electrical, plumbing and other mechanical facilities in the Premises), with materials equal in quality and class to the original materials damaged or broken, within any reasonable period of time specified by Landlord, pursuant to and the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused amount paid by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed shall be paid by Tenant and deemed additional Rent reserved under this Lease and shall be due and payable at the same time as the installment of Rent for samewhich it is billed. Landlord may, but shall not be required to, to enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such any repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property additions, including, but not limited to, ducts and all other facilities for heating and air conditioning service, as Landlord shall desire or deem necessary for the safety, preservation or improvement of the Building, or as Landlord may be required to do by governmental the municipality in which the Building is located or quasi-governmental authority or court by the order or decreedecree of any court or by any other proper authority. The cost of all repairs made by Landlord to the Property which are made necessary as a result of misuse or neglect by Tenant or Tenant's employees, invitees or agents shall use commercially reasonable efforts be immediately paid as additional Rent by Tenant to complete any required Landlord upon being billed for same. Tenant shall not be responsible for repairs in a manner which does not materially, adversely affect Tenant’s use of or access due to structural defect or repairs to air conditioning, ventilation, mechanical and plumbing equipment in the Premises. Premises (except if necessitated by Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectnegligence.)

Appears in 1 contract

Samples: Wintrust Financial Corp

Repairs. Landlord Owner shall at all times during maintain and repair the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural public portions of the Buildingbuilding, includingboth exterior and interior, without limitationexcept that if Owner allows Tenant to erect on the outside of the building a sign or signs, or a hoist, lift or sidewalk elevator for the foundationexclusive use of Tenant, floor slabsTenant shall maintain such exterior installations in good appearance and shall cause the same to be operated in a good and workmanlike manner and shall make all repairs thereto necessary to keep same in good order and condition, ceilingsat Tenant's own cost and expense, roofand shall cause the same to be covered by the insurance provided for hereafter in Article 8. Tenant shall, columnsthroughout the term of this lease, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms take good care of the demised premises and all Common Areas, including exterior landscaping (collectively, the “Building Structure”)fixtures and appurtenances therein, and the “Base Building” (sidewalks adjacent thereto, and at its sole cost and expense, make all non-structural repairs thereto as that term is defined below) mechanicaland when needed to preserve them in good working order and condition, electricalreasonable wear and tear, life safetyobsolescence and damage from the elements, plumbingfire or other casualty, sprinkler and HVAC systems installed excepted. If the demised premises be or furnished by Landlord (collectivelybecome infested with vermin, Tenant shall at Tenant's expense, cause the “Building Systems”)same to be exterminated from time to time to the satisfaction of Owner. Except as specifically set forth provided in Article 9 or elsewhere in this Lease lease, there shall be no allowance to the contraryTenant for the diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, others making or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails failing to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such any repairs, alterations, additions or improvements in or additions to any portion of the Premises building including the erection or operation of any xxxxx, xxxxxxx or sidewalk shed, or in or to the Property demised premises or the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall be not entitled to any equipment located set off or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 with respect to the making of repairs shall not apply in the Property as Landlord shall desire case of fire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs other Casualty which are dealt with in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectArticle 9 hereof.

Appears in 1 contract

Samples: Berkshire Bancorp Inc /De/

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s 's own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairsthat, within applicable notice and cure periods Landlord mayshall have the exclusive right, at Landlord's option, but need notnot the obligation, to make such repairs and replacements, and Tenant shall pay to Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established Landlord's standard fee for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s its involvement with such repairs and replacements forthwith replacements, promptly upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structure, portions of the floors of the Building, and the systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property Project or to any equipment located in the Property Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental quasi- governrnental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materiallyTenant hereby, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter her after in effect.

Appears in 1 contract

Samples: Office Lease (Surge Components Inc)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairsthat, within applicable notice and cure periods Landlord mayshall have the exclusive right, at Landlord’s option, but need notnot the obligation, to make such repairs and replacements, and Tenant shall pay to Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s standard fee for its involvement with such repairs and replacements forthwith replacements, promptly upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property Project or to any equipment located in the Property Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Office Lease (Tercica Inc)

Repairs. A. During the term of this Lease, Landlord shall shall, at its expense, in addition to any obligations imposed upon Landlord under this Lease, make all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings repairs to (or damage resulting from failure to make repairs to) the structural portions walls (bearing walls), including foundation of the BuildingBuildings and the covered walkways, including, without limitation, the foundation, floor slabs, ceilings, roof, structural members such as steel columns, beams, shaftsfloors, stairsand covered walkways, stairwellsthe parking areas (other than sealing, escalatorsstriping and curbing, elevators, base building restrooms but including the repair of potholes) and any and all Common Areasrepairs to roofs, including exterior landscaping (collectivelyprovided, however, that the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required liable to make any such repairs which result from negligent or wrongful acts of Tenant, its agents, visitors, servants and/or employees unless the need for such repair is caused by fire or other casualty which is covered by insurance. Replacement of broken windows shall not be construed as a structural repair for purposes of this Article. Landlord shall be liable for any damages sustained by Tenant resulting from the Building Structure and/or failure of Landlord to make repairs for which Landlord is responsible hereunder after notice to Landlord by Tenant of the Building Systems except need for such repairs and the lapse of a period of time sufficient, with the exercise of reasonable diligence, for the making of such repairs. Tenant shall have the right to make emergency repairs which are the obligation of Landlord and to charge Landlord therefor, provided Landlord has had notice for the need for such emergency repairs and failed to make same. Landlord shall undertake all repairs, replacements and restorations of the Leased Premises in a manner that minimizes to the extent required because of reasonably practicable any interference with Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use occupancy of or access to the Leases Premises. Tenant hereby waives any and all rights under and benefits In the event that as a result of subsection 1 of Section 1932 and Sections 1941 and 1942 such repairs, replacements or restorations of the California Civil Code Leased Premises any portion of the Leased Premises becomes unsuitable for Tenant’s use or under occupancy, the Annual Basic Rent payable during the period of unsuitability shall be proportionately abated. From and after (i) the first (1st) anniversary of the date hereof with respect to the 88 Building, (ii) the third (3rd) anniversary of the date hereof with respect to the 56 Building and (iii) the fifth (5th) anniversary of the date hereof with respect to the 70 Building, and on or prior to each anniversary of the date hereof, Landlord shall cause the roof of each of the 88 Building, the 56 Building and the 70 Building to be inspected by a maintenance firm selected by Landlord and reasonably acceptable to Tenant, and shall cause such maintenance firm to provide, within thirty (30) days of such inspection, a report specifying the condition of each roof, as applicable, and setting forth any similar lawrepair or replacement work required to maintain same in good condition and repair, statute, or ordinance now or hereafter together with a reasonable schedule for completion of same. Landlord shall perform and complete such repair and replacement work within the time frames set forth in effectsuch schedule.

Appears in 1 contract

Samples: Lease (Gartner Inc)

Repairs. Landlord Tenant shall put, keep, repair and maintain the Leased Premises at all times during the Lease Term maintain in good a good, neat, clean and sanitary condition and operating order in a manner consistent with Comparable Buildings state of repair, reasonable wear and tear and casualty excepted, free of debris and other similar obstructions, and shall repair and replace broken plate and window glass and damage caused by the negligence or intentional act of Tenant, its officers, employees and agents. Tenant shall allow Landlord access to the Leased Premises during all reasonable hours to make repairs required to be made by Tenant which Tenant fails or refuses to make, and shall pay Landlord as additional rent the cost of such repairs made for Tenant by Landlord. Landlord shall make all necessary repairs to the outer walls, roof, and structural portions elements of the Building, including, without limitation, . Landlord shall keep the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler sewage, heating, air conditioning, electrical and HVAC ventilating systems installed of the Building outside the perimeter of the Leased Premises in good repair, ordinary wear and tear and casualty damage covered by insurance. Landlord shall maintain and keep the common areas, grounds, driveways and parking areas in a safe, neat and clean condition. Notwithstanding the foregoing, any cost of repairs or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease improvements to the contraryBuilding, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because Leased Premises or to any common areas which are occasioned by the negligence or default of Tenant, its officers, employees, agents or invitees, or by requirements of law, ordinance or other governmental directive and which arise out of the nature of Tenant’s use and occupancy of the Leased Premises or the installations of Tenant in the Leased Premises shall be paid for other than normal and customary business office operations. Tenant shallby Tenant, at Tenant’s own expenseas additional rent hereunder, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to immediately upon billing unless covered by Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectInsurance.

Appears in 1 contract

Samples: Lease Agreement (Enpath Medical Inc)

Repairs. (a) Landlord shall at make all times during repairs necessary to maintain the Lease Term maintain in good condition plumbing, air conditioning, heating and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalatorselectrical systems, elevators, base building restrooms and all Common Areas, including exterior landscaping floors (collectively, the “Building Structure”excluding carpeting), and all other items which constitute a part of the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler Leased Space and HVAC systems are installed or furnished by Landlord (collectivelyin operating condition and in a good state of repair; provided, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant however that Landlord shall not be required to repair obligated for any such repairs until the Building Structure and/or the Building Systems except to the extent required because expiration of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any a reasonable period of time specified by Landlord, pursuant after written notice from Tenant that such repair is needed. In no event shall Landlord be obligated to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for any damage caused by ordinary wear an act, omission or negligence of the Tenant or its employees, agents, invitees, licensees, subtenants or contractors. (b) Except as the Landlord is obligated for repairs as provided above, Tenant shall make, at its sole cost and tear expense, all repairs necessary to maintain the Leased Space and shall keep the Leased Space and the fixtures therein in neat and orderly condition. If the Tenant refuses or beyond the reasonable control of Tenant; provided however, that if Tenant fails neglects to make such repairs, within applicable or fails to diligently prosecute the same to completion, after written notice and cure periods from Landlord mayof the need therefor, but need not, Landlord may make such repairs at the expense of Tenant and replacementssuch expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials furnished in, on or about the Leased Space shall be performed and furnished by Landlord or Tenant, as the case may be, in strict compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Tenant agrees that prior to performing any work which will become permanently affixed to the Leased Space, Tenant shall pay provide Landlord the cost thereofwith plans and specifications of its proposed improvements for Landlord's review and, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to if acceptable, its approval. Tenant shall reimburse Landlord for all overhead, general conditions, fees Landlord's cost in reviewing said plans and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for samespecifications at the rate of $70 per hour. (c) Landlord may, but shall not be required to, enter liable by reason of any injury to or interference with Tenant's business arising from the Premises at all reasonable times on the terms set forth in Section 27.1 to make such making of any repairs, alterations, additions or improvements or additions to the Premises in or to the Property Leased Space, or the Building or Center or to any appurtenances or equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effecttherein.

Appears in 1 contract

Samples: Antares Pharma Inc /Mn/

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant Subject to the terms of this Lease, including without limitation, Section 5.3 and Article 8 11 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10Tenant will, 11 and 13at Xxxxxx's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, Premises in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, Tenant shall promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances, except for damage caused under the supervision and subject to the approval of the Landlord, and within any reasonable period of time specified by ordinary wear and tear or beyond the reasonable control of Tenant; provided howeverLandlord. If Tenant does not do so, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, upon prior reasonable notice (except no notice shall be necessary in an emergency) but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage (not to exceed 10%) of the cost costs thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s 's involvement with such repairs and replacements replacements, forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or and additions to the Premises or to the Property Building or to any equipment located in the Property Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant shall, at its own cost and expense, enter into a regularly scheduled preventive maintenance/service contract with a maintenance contractor for servicing Tenant's supplemental HVAC system within the Premises. The maintenance contractor and the contract shall be approved by Landlord, which approval shall not unreasonably be withheld. The service contract must include services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (and a copy thereof delivered to Landlord) within thirty (30) days of the Area A Commencement Date. Landlord shall use commercially reasonable efforts shall, at Landlord's expense (subject to complete any required repairs inclusion of such expenses in Operating Expenses to the extent permitted by Section 3 hereof), keep in good order, repair and condition consistent with a manner which does not materiallyClass "A" office building in downtown Chicago and maintain in compliance with all applicable laws at all times during the Term, adversely affect Tenant’s use all structural elements of the Building, including floor and ceiling slabs, the exterior walls and windows, the roof, common Building mechanical, plumbing, electrical and HVAC systems, the elevators, the washrooms, the lobby of the Building and all other common areas of the Building to the extent such systems or access common areas service or are of benefit to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Lease (Tenfold Corp /Ut)

Repairs. Landlord Tenant shall at all times during keep the Lease Term maintain leased premises, all of Tenant's leasehold improvements, including maintenance of walls and entrances, all glass and window moldings and all partitions, floors, fixtures, equipment and appurtenances thereof (including lighting, light bulbs and ballasts), heating and plumbing fixtures, heating and air conditioning systems which are located in or about the leased premises in good condition order, condition, replacement and operating order in repair. Structural portions of the building shall be the responsibility of Landlord. For purposes of this Article, structural portions of the building shall include the outer walls, roof, foundation and supporting members (bearing walls) of the building structure of which the leased premises constitute a manner consistent with Comparable Buildings part. Landlord represents and warrants that, as of the date of mutual execution of this Lease, to the best of Landlord's knowledge the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms are sound and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, existing plumbing, sprinkler heating, electrical and HVAC mechanical systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decreebuilding are in working condition. Landlord shall use commercially reasonable efforts to minimize disturbance to Tenant's business operations in performing any structural repairs to the building, and all such repairs shall be made by Landlord in a good, workmanlike manner. Tenant shall secure maintenance contracts or other similar contracts for all heating, venting and air conditioning systems constituting a part of the leased premises in order to assure Tenant's performance of such obligations pursuant to this Lease. In the alternative, Tenant may utilize qualified in-house personnel to effectuate any necessary repairs and/or maintenance of the aforesaid. If Tenant refuses or neglects to reasonably maintain, replace or repair the leased premises as required hereunder as soon as reasonably possible after written demand, Landlord may , after prior written notice to Tenant (except in the case of an emergency), make such repairs or replacements or provide for such maintenance without liability to Tenant, for any loss or damage that may accrue to Tenant's merchandise, trade fixtures, fixtures, leasehold improvements or other property or to Tenant's business. The cost to Tenant shall be Landlord's cost plus 10% for overhead and said cost shall be payable as additional rent, upon presentation of a bill from Landlord. Landlord represents and warrants that, to xxx best of its knowledge, the existing mechanical, sprinkler, electrical, plumbing and fire safety systems of the building are in proper working order as of the date of mutual execution of this Lease by Landlord and Tenant and that the leased premises complies with the American with Disabilities Act and all applicable Environmental Laws. Tenant has inspected the leased premises and is thoroughly acquainted with its condition and agrees (subject to Landlord's representation and warranty set forth in the prior sentence) to take Tenant leasehold the same in an "AS-IS" condition and Tenant shall be responsible and complete any required repairs improvements at Tenant's cost and expense. Any contractors used by Tenant must be reasonably approved in a manner which does not materiallyadvance by Landlord in writing. Landlord hereby approves McGough Construction as general contractor for Tenant's improvements; xxxxxded, adversely affect Tenant’s use of or access that Landlord hereby reserves the right to approve the planned improvements to the Premisesleased premises proposed by Tenant. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 Except as expressly set forth in this Article 6, Landlord has made no representation or promises with respect to the physical condition of the California Civil Code leased premises or under any similar law, statute, or ordinance now or hereafter in effectother matter relating thereto and Tenant acknowledges that it has not relied upon statements of Landlord as to the condition of the leased premises except as set forth above.

Appears in 1 contract

Samples: Lease (Atmi Inc)

Repairs. Tenant agrees that, at its sole cost and expense, it will keep and maintain the Premises, including, but not limited to, all Building systems, exterior (provided Landlord shall at be responsible for the structural condition and Tenant shall be responsible for the maintenance and repair of the exterior), interior, roof membrane, parking areas and landscaping and all times during the Lease Term maintain alterations, additions and improvements thereto in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Buildingrepair, includingexcept for normal wear and tear. Landlord shall assign to Tenant if, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms when and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because necessary, the roofing system limited warranty from Firestone Building Products Company which runs for a period of Tenant’s use of the Premises for twelve (12) years from and after January 25, 1999, and all other than normal and customary business office operationswarranties received. Tenant shall, shall at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings thereinonce report, in good orderwriting, repair and to Landlord any defective or dangerous condition at all times during the Lease Termknown to Tenant. In additionAt Landlord's option, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to maintain the Premises or to make such repairs, within applicable notice and cure periods Landlord may, but need not, perform such maintenance or make such repairs and replacementsafter not less than five (5) business days notice to Tenant (except in situations involving an emergency), and in which case Tenant shall pay Landlord the cost thereof, including a percentage twenty percent (20%) of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s 's involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions repairs and maintenance to the Premises or to the Property or to any equipment located in the Property Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materiallyTo the fullest extent permitted by law, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and releases all rights under and benefits to make repairs at the expense of subsection 1 of Section 1932 and Landlord or in lieu thereof to vacate the Premises as may be provided by any law, statute or ordinance now or hereafter in effect, including Sections 1941 and 1942 of the California Civil Code Code. Except as provided in the Work Letter, Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or under paint the Premises or any similar lawpart thereof. Notwithstanding the foregoing sentence, statuteLandlord shall its sole cost and expense be responsible for the repair and maintenance of the structural elements, or ordinance now or hereafter in effectroof structure and foundation of the Premises, and such cost shall not be charged to Tenant as "Additional Rental" hereunder.

Appears in 1 contract

Samples: Escrow Agreement (Razorfish Inc)

Repairs. Landlord shall at all times during be responsible for repairs upon the Lease Term maintain in good condition roof and operating order in exterior walls of the Premises. Such repairs to be completed within a manner consistent with Comparable Buildings reasonable period following receipt of written notice from Tenant of the structural need for any such repairs. Tenant shall be responsible for the maintenance, repair and replacement of any glass and doorways, and any roofing and exterior walls if the necessity therefore should be the result of Tenant’s negligence or intentional act(s) or the negligence or intentional act(s) of any agent, employee, customer, invitee or licensee of Tenant, as well as for the maintenance, repair and replacement of any other portions of the BuildingPremises not otherwise expressly required to be maintained by Landlord pursuant to the terms hereof. Tenant shall keep the interior of the Premises in good repair, includingmaintaining and replacing, without limitationwhen necessary, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler heating, air conditioning and HVAC systems installed or furnished by Landlord other mechanical installations and shall maintain and repair all doors (collectivelyexterior and interior) and all plate glass and window glass, the “Building Systems”). Except as specifically set forth in this Lease effecting all such repairs and replacements at its own expense and employing materials and labor of a kind and quality equal to the contraryoriginal installations. If Tenant fails to replace or repair equipment or other installations in or about the Premises as above provided, then immediately after advising Tenant in writing as to the necessity therefore, Landlord may accomplish the required work and add the cost thereof to the next due rental installment(s) but Tenant shall not be liable to the Landlord for any failure to fulfill obligations of this paragraph until such time as the Tenant shall be notified in writing of such failure. Tenant agrees to keep in force during the term of this Lease a standard maintenance agreement on all heating and air conditioning equipment and to provide a copy of such maintenance agreement to Landlord. The agreement shall require a semiannual inspection of equipment and Tenant will furnish Landlord with semiannual certifications by the inspection company that such equipment is in good repair. Any repairs or replacement required to repair the Building Structure and/or the Building Systems except be made to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations such equipment shall be done or made only by such persons or corporations as have been approved in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified advance by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: County of Charleston   Lease Agreement (Dgse Companies Inc)

Repairs. Landlord Tenant shall at all times during the Lease Term maintain in good condition Tenant's own expense and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and limitation Article 8 9 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, therein in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s 's own expense, expense but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 9 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that that, at Landlord's option, or if Tenant fails to make such repairsrepairs within 10 days (or, if such repairs cannot be made within applicable notice said 10 day period despite Tenant's diligent and cure periods continuous efforts, said 10 day period shall be extended for so long as Tenant is diligently and continuously pursuing same but in no event longer than an additional 20 days), Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the PropertyBuilding) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s 's involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or and additions to the Premises or to the Property Building or to any equipment located in the Property Building as Landlord shall desire or deem necessary or as Landlord may be required to do by the terms of this Lease or by governmental or quasi-governmental authority or court order or decree. Landlord , and any such entry shall use commercially reasonable efforts not be deemed to complete any required repairs in a manner which does not materially, adversely affect be or shall be construed as an eviction of Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Office Lease (CPS Systems Inc)

Repairs. (a) Landlord shall at all times during the Lease Term maintain in good condition order and operating order in a manner consistent with Comparable Buildings repair, subject to normal wear and tear and subject to casualty and condemnation, the structural Building (excluding the Demised Premises and other portions of the Building, including, without limitationBuilding leased to other tenants), the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectivelyBuilding parking facilities, the “Building Structure”), public areas and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectivelylandscaped areas. Notwithstanding the foregoing obligation, the “Building Systems”). Except as specifically set forth in this Lease cost of any repairs or maintenance to the contraryforegoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to repair the Building Structure and/or the Building Systems except make any repairs or improvements to the extent required because of Tenant’s use Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises for other than normal and customary business office operations. Tenant shallall alterations, at Tenant’s own expense, pursuant to additions and improvements thereto and will keep and maintain the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, same in good order, repair condition and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenancesrepair, except for damage caused by ordinary normal wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and tear. Tenant shall pay at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the cost thereoffullest extent permitted by law, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits to make repairs at the expense of subsection 1 of Section 1932 and Sections 1941 and 1942 of Landlord or in lieu thereof to vacate the California Civil Code or under Demised Premises as may be provided by any similar law, statute, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.

Appears in 1 contract

Samples: Lease Agreement (Tenera Inc)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions make, as an Operating Expense of the Building, includingall repairs necessary to maintain the plumbing, without limitationheating, the foundationventilating, air conditioning, electric systems, external windows and floors (excluding carpeting and floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”coverings), and the “Base Building” (as provided, however, that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required obligated to repair make any such repairs until the Building Structure and/or the Building Systems except to the extent required because expiration of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any a reasonable period of time specified after receipt of written notice from Tenant that such repair is needed. In no event shall Landlord be obligated under this Section 13 to repair any damage caused by any act, omission or negligence of Tenant or its employees, agents, invitees, licensees, subtenants, or contractors. If Tenant requires maintenance, servicing, repair or replacement of any special plumbing, heating or air conditioning systems installed for Tenant's benefit in the Leased Premises, such maintenance, servicing, repair or replacement shall be made at the sole expense of Tenant, unless the need for such repairs is caused solely by the negligence or wilful misconduct of Landlord, its agents or employees. Tenant shall maintain the Leased Premises and the fixtures and appurtenances therein in good repair at all times. Except to the extent released by Landlord pursuant to the terms waiver of this Leasesubrogation provision in Section 23 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overheadcosts and expenses of repairing and replacing all damage or injury to the Leased Premises and the Building and to fixtures and equipment caused by Tenant or its employees, general conditionsagents, fees invitees, licensees, subtenants, or contractors, or as the result of all or any of them moving in or out of the Building or by installation or removal of furniture, fixtures or other property. Such costs and other costs or expenses arising from Landlord’s involvement with such repairs shall be collectible as Additional Rent and replacements forthwith upon being billed for samepaid by Tenant within fifteen (15) days after rendition of a xxxx therefor. Landlord may, but shall not be required toliable by reason of any injury to or interference with Tenant's business arising from the making of any repairs, enter alterations, additions or improvements in or to the Leased Premises at all reasonable times on or the terms set forth in Section 27.1 Building or to make any appurtenances or equipment therein. There shall be no abatement of rent because of such repairs, alterations, additions or improvements or additions because of any delay by Landlord in making the same. Tenant shall give to the Premises Landlord prompt written notice of any accidents to, or to the Property or to any equipment defects in plumbing, electrical, heating and air conditioning systems and apparatus located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Leased Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Agreement of Lease (Worldgate Communications Inc)

Repairs. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from Tenant of the necessity thereof, Landlord will repair the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all times during repairs and replacements necessitated by reason of (a) the Lease Term maintain in good condition neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and operating order in a manner consistent with Comparable Buildings (b) the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”)work done or installed by Tenant. Further, and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth notwithstanding anything in this Lease to the contrary, Tenant shall not be make all repairs and replacements to the property which Landlord's is required to repair maintain which are required as the Building Structure and/or the Building Systems except to the extent required because result of Tenant’s use repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises for other than normal or the agents of any of them. All maintenance, repairs and customary business office operationsreplacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant shallTenant, at Tenant’s own 's expense, pursuant shall make all repairs and replacements to keep and maintain the terms interior of this Leasethe Premises in good condition and repair, including without limitation, Section 5.3 and Article 8 hereofincluding, but subject to Landlord’s obligations in this Article 7 not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and to Articles 10, 11 and 13, keep other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all improvementswindows, fixtures frames and furnishings thereinglass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good order, repair condition and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and replace or repair all damagedshall, brokenat its sole cost and expense, abatx xxx nuisance upon, or worn fixtures emanating from, the Premises, keep the Premises neat, clean and appurtenancesin orderly and sanitary condition free of offensive odors, except for damage caused by ordinary wear vermin, rodents, bugs insects and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and other pests. Tenant shall pay Landlord the cost thereof, including keep in full force and effect a percentage maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the cost thereof (heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to be uniformly established for the Building and/or the Property) sufficient provide copies of all maintenance and service records to reimburse Landlord. Tenant shall obtain approval from Landlord for all overheadof its heating and air conditioning contractor and, general conditionsadditionally, fees and shall obtain approval of any other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord contractor which may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or require access to the Premisesroof for the purpose of implementation of any repairs or improvements. Tenant hereby waives shall in no event perforate or do any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 work on or affecting the roof of the California Civil Code or under any similar lawPremises without Landlord's prior written consent and if consented to, statute, or ordinance now or hereafter in effectshall only use contractors approved by Landlord.

Appears in 1 contract

Samples: Industrial Lease Agreement (Back Yard Burgers Inc)

Repairs. Landlord In the event of a fire or other casualty in the Leased Premises, Tenant shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”)immediately give notice thereof to Landlord. Except as specifically set forth in this Lease otherwise provided below, Landlord shall use commercially reasonable efforts after receipt of insurance proceeds to cause the necessary repairs to the contraryLeases Premises to be made with due diligence and reasonable dispatch; provided, Tenant however, that Landlord shall not be required to repair or replace furnishings, furniture, or other personal property which Tenant may be entitled to remove from the Leased Premises or any property improvement constructed and installed by or for Tenant other than what was originally built by Landlord as part of Landlord's Work or Additional Work. Subject to Landlord receiving insurance proceeds, Landlord shall undertake reasonable efforts to commence the required repairs to the Leased Premises within thirty (30) days following the date of the casualty or other damage and thereafter prosecute the repairs with due diligence and reasonable dispatch. If the Building, or any portion thereof, shall be partially destroyed by fire or other casualty so as to render the Building, or any portion thereof, untenantable and such portion is not occupied and used by Tenant, the rent shall proportionately abate thereafter until such time as the Leased Premises, or any portxxx xhereof, are made tenantable; provided, however, there shall be no abatement of rent and/or any abatement of rental shall cease as to any portion of the Building Structure and/or actually used by Tenant. If Landlord has elected to repair and reconstruct the Building, which election and notice of such election to Tenant must occur within thirty (30) days after the date of the casualty (or within sixty (60) days after such casualty if the event causes 50% or more of the Building Systems except to be untenantable), this Lease shall continue in full force and effect and such repairs will be made as soon as reasonably practicable thereafter, but not later than one hundred and eighty (180) days after the extent required because of Tenant’s use date of the Premises for casualty or other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In additiondamage, subject to Articles 10Excusable Delays; provided, 11 however, that Landlord shall use reasonable efforts to not unreasonably interfere with Tenant's use and 13 Tenant shalloccupancy of any portion of the Leased Premises not destroyed or damaged. Except as otherwise expressly provided above, at Tenant’s own expensein no event shall Landlord be required to commence the restoration or repair of the Building until Landlord receives the insurance proceeds therefor. No damages, but under compensation, or claims shall be payable by Landlord for any inconvenience, loss of business, or annoyance arising from such repair and reconstruction. In the supervision event full use and subject to occupancy can be restored within 180 days of the prior approval of LandlordCasualty, and within any reasonable provided the casualty occurs in the first seven (7) years of the Term, the Term of this Lease shall be extended by a period of time specified by Landlord, pursuant equal to the terms period of this Lease, promptly such repair and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectreconstruction.

Appears in 1 contract

Samples: Suit Lease Agreement (Englobal Corp)

Repairs. Landlord 4. Owner shall at all times during the Lease Term maintain keep in good repair and condition the exterior of and operating order the public portions of the building and property on which it is located including, without limitation, roofs and exterior windows (except those forming part of the 00xx Xxxxxx elevator lobby), all structural elements, and all building plumbing, heating and life safety systems, and shall keep all sidewalks free of snow and ice. Owner’s obligations hereunder and under Article 31 shall be provided in a manner consistent with Comparable Buildings comparable office buildings in the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operationsarea. Tenant shall, throughout the term of this lease, take good care of the demised premises including the bathrooms and lavatory facilities (if the demised premises encompass the entire floor of the building), the interior windows and window frames and the exterior windows forming a part of the 00xx Xxxxxx elevator lobby, and the fixtures and appurtenances therein, and at Tenant’s own expense, pursuant sole cost and expense promptly make all repairs thereto and to the terms building, whether structural or non-structural in nature, caused by, or resulting from, the carelessness, omission, neglect or improper conduct of Tenant, Tenant’s servants, employees, invitees, or licensees, and whether or not arising from Tenant’s conduct or omission, when required by other provisions of this Leaselease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Termarticle 6. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately shall also repair all damage to the Premises building and replace the demised premises caused by the moving of Tenant’s fixtures, furniture or repair all damagedequipment. All the aforesaid repairs shall be of quality or class equal to the original work or construction. If Tenant fails, brokenafter fifteen (15) days notice, to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Owner at the expense of Tenant, and the expenses thereof incurred by Owner shall be collectible, as additional rent, after rendition of a xxxx or statement therefore. If the demised premises be or become infested with vermin, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Owner prompt notice of any defective condition in any plumbing, heating system or electrical lines located in the demised premises and following such notice, Owner shall remedy the condition with due diligence, but at the expense of Tenant if repairs are necessitated by damage or injury attributable to Tenant, Tenant’s servants, agents, employees, invitees or licensees as aforesaid. Except as specifically provided in Article 9 or elsewhere in this lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner, Tenant or others making or failing to make any repairs alterations, additions or improvements in or to any portion of the building or the demised premises, or worn fixtures in and appurtenancesto the fixtures, except for damage caused by ordinary wear and tear appurtenances or beyond the reasonable control of Tenant; provided however, equipment thereof. It is specifically agreed that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required toentitled to any setoff or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease except as otherwise provided herein. Tenant agrees, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions subject to the Premises or foregoing sentence, that Tenant’s sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 4 with respect to the Property or to any equipment located making of repairs shall not apply in the Property as Landlord case of fire or other casualty with regard to which Article 9 hereof shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decreeapply. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.Window Cleaning:

Appears in 1 contract

Samples: Attornment Agreement (Alliance Data Systems Corp)

Repairs. Landlord shall at all times during Licensee will not commit waste upon or injure the Lease Term boat slip but will maintain in good condition it and operating order the equipment it contains in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms clean and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”)attractive condition. Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms Upon termination of this LeaseLicense Agreement, including without limitation, Section 5.3 Licensee shall surrender and Article 8 hereof, but subject deliver up the boat slip and its equipment attached thereto to Landlord’s obligations BHA in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, same condition in good order, repair and condition which it existed at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms commencement of this LeaseLicense Agreement, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by excepting ordinary wear and tear tear, damage arising from acts of God and damage required thereunder to be repaired by BHA. Upon the condition precedent that Licensee shall have given BHA written notice of the items needing repair, BHA will repair the mooring pilings, catwalk and bulkhead or beyond pier forming or adjacent to the boat slip within a reasonable control of Tenant; provided however, time after being so notified (except that if Tenant fails damage to any one of such structures is caused by one or more acts or omissions of Licensee, its guests or invitees, Licensee shall bear the cost of such repairs). BHA shall have the right, but not the obligation, to enter upon any part of the boat slip at all reasonable hours to inspect same and to make repairs thereto, and in connection with the making of repairs, to temporarily relocate any vessel moored therein. If BHA considers necessary any maintenance, cleaning or repairs required by the provisions of this License Agreement to be made by Licensee, BHA may request Licensee to make such repairs, repairs or maintenance or perform such cleaning and upon Licensee's failure or refusal to do so within applicable notice and cure periods Landlord may, ten (10) days (or in case of an emergency whether or not BHA shall have requested or obtained Licensee's prior consent) BHA shall have the right (but need not, no obligation) to perform such maintenance or make such repairs and replacementswhereupon Licensee shall, and Tenant shall pay Landlord upon demand by BHA, be responsible to reimburse BHA for the cost thereof, including of such repairs. Any sum for which Licensee shall become liable to reimburse BHA shall be deemed to be a percentage portion of the cost thereof boat slip fee due and owing by the Licensee to BHA for purposes of determining BHA's remedies in the event of failure to pay such sum to BHA. Licensee shall make no additions or changes in the pilings, the catwalk, the dock or bulkhead (to be uniformly established for and without limiting the Building and/or generality of the Property) sufficient to reimburse Landlord for all overheadforegoing, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required toinstall any lights, enter hoists, sheds, covers or storage lockers) without the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use prior written consent of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectBHA.

Appears in 1 contract

Samples: License Agreement

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, will keep the foundation, floor slabsexterior walls and roof of the Demised Premises (excepting any work done by Tenant and excepting any glass or doors, ceilingswhich are the responsibility of the Tenant) in proper repair, roofprovided that in each case Tenant shall have given Landlord prior written notice of the necessity of such repairs. The cost of such repairs performed by Landlord shall be included in the Landlord’s operating cost of common facilities set forth in Pxxxxxxxx 0X of this Lease. Tenant will keep the interior of the Demised Premises, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms together with all fixtures and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler healing, air conditioning and HVAC systems installed other mechanical equipment whether located within or furnished by Landlord (collectively, on the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use roof of the Premises for other than normal Demised Premises, all doors, and customary business office operations. Tenant shallall plate glass and door and window glass, in good order and proper repair at Tenant’s its own expense, pursuant using materials and labor of kind and quality equal to the terms original work, and will surrender the Demised Premises at the expiration or earlier termination of this LeaseLease in as good condition as when received, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage excepting only deterioration caused by ordinary wear and tear and damage by fire or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage other casualty of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement kind insured against in standard policies of fire insurance with such repairs and replacements forthwith upon being billed for sameextended coverage. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property Except as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decreehereinabove provided. Landlord shall use commercially reasonable efforts have no obligation to complete repair, maintain, replace alter or modify the Demised Premises or any required repairs in a manner which does not materiallypart thereof, adversely affect or any plumbing, heating, electrical, air conditioning or other mechanical installation whether located within or on the roof of the Demised Premises. Under no circumstances shall Landlord be obligated to repair, replace or maintain any plate glass or door or window glass. In furtherance of Tenant’s use of obligation to maintain, repair and replace heating, air conditioning and other mechanical equipment in or access to serving the Demised Premises. Tenant hereby waives agrees to obtain and keep in full force during the term of the Lease, or any renewal thereof, a maintenance, repair and service contract on such equipment reasonably satisfactory to Landlord. Notwithstanding anything contained in this lease to the contrary. Landlord agrees to transfer to Tenant any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of manufacturers warranties if any for the California Civil Code or under any similar law, statute, or ordinance now or hereafter HVAC system being installed in effectTenant’s Demised Premises.

Appears in 1 contract

Samples: Lease Agreement (NationsHealth, Inc.)

Repairs. Subject to Tenant's obligation to pay Operating Expenses pursuant to Section 4 hereof, Landlord shall shall, with reasonable diligence and at its expense, make all times during necessary repairs and replacements to the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions exterior of the Building, including, without limitation, Building and to the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping Landlord's HVAC, plumbing and electrical systems located therein (collectivelybut excluding the HVAC system in the first floor space, the “Building Structure”which shall be Tenant's responsibility), and Landlord shall also make all repairs to the “Base Building” Demised Premises (as but not to Tenant's property) which are structural in nature or required due to fire, casualty, or other act of God; provided, however, that term is defined below) mechanicalTenant shall make all repairs and replacements arising from its act, electrical, life safety, plumbing, sprinkler and HVAC systems installed neglect or furnished by Landlord (collectively, the “Building Systems”)default. Except as specifically set forth in this Lease to the contraryprovided above, Tenant shall keep the Demised Premises in good repair, including any special equipment installed in the Demised Premises (such as, but not limited to, air conditioners, transformers and plumbing), whether installed by Landlord or Tenant, and Tenant shall, upon the expiration of the Term, yield and deliver up the Demised Premises in like condition as when taken, reasonable use and wear thereof and repairs required to be made by Landlord excepted. In the event that the Landlord shall deem it necessary or be required by any governmental authority to repair repair, alter, remove, reconstruct or improve any part of the Demised Premises or of the Building Structure and/or (unless the Building Systems except to same results from Tenant's act, neglect, default or mode of operation in which event Tenant shall make all such repairs, alterations and improvements), then the extent required because same shall be made by Landlord with reasonable dispatch, and should the making of such repairs, alterations or improvements cause any interference with Tenant’s 's use of the Premises for other than normal Demised Premises, such interference shall not relieve Tenant from the performance of its obligations hereunder nor shall such interference be deemed an actual or constructive eviction or partial eviction or result in an abatement of rent, provided, that such alterations and customary business office operationsimprovements are not the result of Landlord's gross negligence or wrongful act. Notwithstanding the foregoing, Tenant shall, at Tenant’s its own cost and expense, make all repairs and provide all maintenance in connection with any alterations, additions or improvements made by Tenant pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof. The foregoing notwithstanding, but subject if any such repairs , alterations or improvements are undertaken by Landlord on a non-emergency basis, Tenant shall be entitled to Landlord’s obligations in this Article 7 an equitable, proportional, abatement of rent should the performance of such repairs, alterations or improvements materially interfere with Tenant's use and enjoyment of the Demised Premises for more than three (3) consecutive business days or more than five (5) business days during any Lease Year. Such partial abatement shall be limited to Articles 10, 11 and 13, keep only that portion of the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of LandlordDemised Premises interfered with, and within any reasonable only for such period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make as such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectinterference continues.

Appears in 1 contract

Samples: Office Lease Agreement (Fahnestock Viner Holdings Inc)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. 7.1 Tenant shall, at Tenant’s own its sole cost and expense, pursuant make such repairs to the terms demised premises and the fixtures and appurtenances therein as are necessitated by the act, omission, occupancy or negligence of this LeaseTenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, including without limitation, Section 5.3 as and Article 8 hereof, but when needed to preserve them in good working order and condition subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary normal wear and tear and damage by fire or beyond other casualty. Except as otherwise provided in Section 9.8 hereof, all damage or injury to the reasonable control demised premises and to its fixtures, appurtenances and equipment or to the A/B Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the A/B Building or by installation or removal of furniture, fixtures or other property by or on behalf of Tenant; provided however, that if shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant (i) fails to make such repairs, restoration or replacements, within applicable ten (10) days after Landlord gives Tenant notice of the necessity thereof or (ii) fails to commence within said period and cure periods fails to thereafter diligently and continuously prosecute to completion all steps necessary to remedy the same and to complete such remedy within such time after the date of the giving of said notice of Landlord mayas shall be necessary as reasonably determined by Landlord, but need notfor a period not longer than thirty (30) days, make the same may be reasonably made by Landlord at the expense of Tenant and such repairs expense shall be collectible as additional rent and replacementsshall be paid by Tenant within thirty (30) days after rendition of a bill xxxrefor. The exterior walls of the A/B Building, the portions of any windowsills outside the windows, and Tenant shall pay Landlord the cost thereof, including a percentage windows are not part of the cost thereof (premises demised by this Lease and Landlord reserves all rights to be uniformly established for such parts of the Building and/or the Property) sufficient to reimburse Landlord for all overheadA/B Building, general conditionsprovided, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord mayhowever, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially all reasonable efforts not to complete any required repairs in a manner which does not materiallyinterfere with the views and exposure from the demised premises, adversely affect Tenant’s use unless such interference is necessitated by an event of force majeure or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectLegal Requirements.

Appears in 1 contract

Samples: Interliant Inc

Repairs. Landlord By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good and sanitary order, condition, and repair. Tenant shall, at all times during Tenant's sole cost and expense, keep the Lease Term maintain Premises and every part thereof in good condition and operating order repair, damage thereto from causes beyond the reasonable control of Tenant and from ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in a manner consistent with Comparable Buildings good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate, or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. Notwithstanding the provisions of Article 13(a), Landlord shall repair and maintain the structural portions of the Building, includingincluding the basic plumbing, without limitationair conditioning, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”)heating, and the “Base Building” (as that term is defined below) mechanicalelectrical systems, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord, unless the need for such maintenance and repairs are caused, in part or in whole, by the act, neglect, fault, or omission of any duty by the Tenant, its agents, servants, employees, or invitees, in which case Tenant shall pay to Landlord (collectively, the “Building Systems”)reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as specifically set forth provided in this Lease Article 24, there shall be no abatement of rent and no liability of Landlord by reason of any injury to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of or interference with Tenant’s use of the Premises for other than normal and customary 's business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such making of any repairs, alterations, or improvements in or additions to any portion of the Building or the Premises or to the Property in or to any fixtures, appurtenances, and equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premisestherein. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or right to make repairs at Landlord's expense under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Letter Agreement (Synon Corp)

Repairs. Landlord 11a. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at all times during Tenant's sole cost and expense, keep the Lease Term maintain Premises and every part thereof in good condition and operating order repair, damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. Tenant shall upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in a manner consistent with Comparable Buildings good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. 11b. Notwithstanding the provisions of Article 11.a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, includingincluding the basic plumbing, without limitationair conditioning, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”)heating, and the “Base Building” (as that term is defined below) mechanicalelectrical systems, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord (collectively, the “Building Systems”)reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as specifically set forth provided in this Lease Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the contrarymaking of any repairs, Tenant shall not be required alterations or improvements in or to repair any portion of the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property in or to any fixtures, appurtenances and equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premisestherein. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or right to make repairs at Landlord's expense under any similar law, statute, statute or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: First Commercial Bancorp Inc

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and furnishings thereinequipment such as dishwashers, garbage disposals, and insta-hot dispensers), in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (not to be uniformly established for the Building and/or the Propertyexceed five percent (5%) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building (including without limitation the base Building HVAC and plumbing systems, base Building fire safety systems, and elevators) and the Common Areas, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property Project or to any equipment located in the Property Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Office Lease (Docusign Inc)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth provided in this Lease to the contrary, Tenant subject to the provisions of Article 4 above, Landlord shall not be required to repair keep the structural portions of the Building Structure and/or and the Building Systems except to Premises, including the extent required because of Tenant’s use water lines, plumbing, HVAC, electrical systems and other systems of the Premises for other than normal Building, maintained and customary business in a state of good repair consistent with that typically maintained by comparable office operationsbuildings in the Mid-Wilshire district of Los Angeles, California. Subject to Landlord's obligations under the first sentence of this Article 7, at all times during the Lease Term, Tenant shall, at Tenant’s 's own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s 's own expense, expense but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the interior (non-structural) portions of the Premises and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that that, at Landlord's option, or if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the PropertyBuilding, but in no event to exceed five percent (5%)) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s 's involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or and additions to the Premises or to the Property Building or to any equipment located in the Property Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights releases its right to make repairs at Landlord's expense under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code Code; or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Office Lease (Ticketmaster)

Repairs. The Landlord shall agrees that, at all times during its own expense, it will keep and maintain the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the BuildingPremises, including, without limitationlimiting the generality of the foregoing, the roof, exterior, foundation, floor slabsfire protection system, ceilingsstructural integrity, roofall utility lines and connections, columnsinterior walls, beamswindows and window glass, shaftsflooring, stairsceiling, stairwellsfixtures and operational parts, escalatorspaving, elevatorssidewalks, base building restrooms parking areas and all Common Areaslandscaping, including exterior landscaping (collectivelyin a condition and repair similar to its condition and repair on the effective date hereof, the “Building Structure”), ordinary wear and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”)tear excepted. Except as specifically otherwise provided in Sections 7 and 7.1 of this Lease and as set forth in this Lease to herein the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use take good care of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 fixtures in the Premises and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, shall keep the Premises, including all improvements, fixtures and furnishings therein, Premises in good order, condition, and repair and condition at all times the Tenant's expense during the Lease Term, including the replacement of all interior broken glass and exterior glass broken by the Tenant with glass of the same size and quality. In additionIf the Tenant does not make necessary repairs within a reasonable time and adequately, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and the Tenant shall promptly pay the Landlord the cost thereof, including a percentage of for the cost thereof (as additional rent. On the expiration of the Term or on earlier termination or cancellation of this Agreement, the Tenant shall surrender the Premises and the Landlord's fixtures in as good condition as of the time of delivery to be uniformly established for the Tenant, subject to reasonable wear and tear. All injury to the Building and/or or fixtures caused by moving of the Property) sufficient to reimburse Landlord for all overheadTenant in and out of the Building caused by the Tenant and any damage done by water, general conditionssteam, fees and electricity, fire or other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions substances to the Premises Building or fixtures, or to the Property or to any equipment located property of other tenants in the Property as Landlord shall desire or deem necessary or as Landlord Building caused by the Tenant may be required to do repaired by governmental or quasi-governmental authority or court order or decree. the Landlord at the expense of the Tenant, and the cost thereof shall use commercially reasonable efforts to complete any required repairs in become immediately due and payable by the Tenant as additional rent upon the delivery of a manner which does not materially, adversely affect Tenant’s use statement of or access such costs by the Landlord to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statuteTenant, or ordinance now or hereafter in effectmailing the same, postage prepaid, to the Tenant at its last known address.

Appears in 1 contract

Samples: Office/ Warehouse Lease Agreement (Am General Corp)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. The Tenant shall, at Tenant’s own its sole expense, pursuant make all necessary repairs to the terms of this Leaseleased premises, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject not limited to the prior approval of Landlordboiler, heating system, plumbing system, electrical system, sewage system and other utility systems and equipment, windows, window glass, fixtures, and within any reasonable period of time specified by Landlordall appliances, pursuant to and their appurtenances, and all equipment used in connection with the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenancesleased premises, except for damage caused by ordinary wear repairs to the roof, structural walls and tear parking lot. Repairs to the roof, structural walls and parking lot shall be the responsibility of the Tenant, only in the event that the roof, structural walls or beyond parking lot is damaged as a result of the reasonable control of Tenant; provided however, that if Tenant fails to make such 's operations or negligence. Such repairs, within ordinary as well as extraordinary, shall be made promptly as and when necessary. All repairs shall be in quality and class at least equal to the original work. Repairs, alterations and improvements shall be done using workmanlike standards. All work shall be performed in compliance with all applicable notice laws, ordinances, codes, rules and cure periods Landlord may, but need not, make regulations. The Tenant shall be responsible for maintaining the painting and decoration of the interior of the leased premises. On default of the Tenant in making such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairsrepairs and replacements, alterationsfor the Tenant's account, improvements or additions to and the Premises or to the Property or to any equipment located in the Property expense thereof, together with 1 1/2% interest per month thereon shall constitute and be collectable as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decreeadditional rent. Landlord shall use commercially reasonable efforts provide Tenant with written notice of default and a twenty (20) day period to complete any required cure prior to Landlord undertaking said repairs. The Landlord represents that the condition of the mechanical systems in the premises are in good working order and will be maintained by the Landlord at the Landlord's sole expense for the first year of this Lease. Thereafter, all repairs in a manner which does not materiallywill be the sole responsibility of the Tenant. However, adversely affect Tenant’s use replacements of the heating, ventilation or access air conditioning systems will be prorated between the Landlord and the Tenant as follows: The Tenant shall pay that proportion of the replacement equal to the Premises. Tenant hereby waives any and all rights under and benefits number of subsection 1 of Section 1932 and Sections 1941 and 1942 years it has been a tenant at the premises divided by the age of the California Civil Code or under any similar lawfailed mechanical system. For example if the heater needs to be replaced after four years following the commencement of the Tenant's tenancy hereunder and the heater was 16 years old at that time, statute, or ordinance now or hereafter in effectthe Tenant will pay twenty-five (25%) percent (4 divided by 16) of the heater replacement.

Appears in 1 contract

Samples: Electronic Control Security Inc

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s 's own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and furnishings thereinequipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor coverings, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that that, at Landlord's option, or if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the PropertyProject) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s 's involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment (including all the primary plumbing, electrical, and HVAC systems located in the internal core of the Building) of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property Project or to any equipment located in the Property Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. During the Lease Term, Landlord shall use commercially reasonable efforts repair or replace, as determined necessary by Landlord pursuant to complete sound real estate management principals, any required repairs in a manner which does fan coils serving the Premises (collectively, the "Fan Coils") that fail and are then no longer operative. Landlord acknowledges that such repair or replacement shall be at Landlord's sole cost and expense, and that any expenses incurred by Landlord during such repair or replacement shall not materially, adversely affect Tenant’s use of or access be passed through to the PremisesTenant as Operating Expenses. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. To the fullest extent permitted by law, Tenant hereby waives and releases any and all rights it may have at law or in equity to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises as may be provided by any law, statute or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Torrey Pines Corporate Center (Cytori Therapeutics, Inc.)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the PremisesPremises (and, if the Premises constitute a full floor of the Building, the restrooms located on the floor of the Building on which the Premises is located), including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, expense but under the supervision and subject to the prior written approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises (and, if the Premises constitute a full floor of the Building, the restrooms located on the floor of the Building on which the Premises is located) and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs, within applicable notice and cure periods Landlord (or Landlord’s property manager) may, but need not, make such repairs and replacements, and Tenant shall pay Landlord (or Landlord’s property manager) the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the PropertyBuilding) sufficient to reimburse Landlord (or Landlord’s property manager) for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or and additions to the Premises or to the Property Building or to any equipment located in the Property Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: Office Lease (NovaBay Pharmaceuticals, Inc.)

Repairs. 7.01 Tenant shall, at its sole cost and expense, be responsible for the maintenance and repair of the demised premises (including, with respect to any full floor comprising a portion of the demised premises, all bathrooms and other sanitary facilities located therein, provided that Landlord shall at maintain and repair all times during base Building plumbing and sewage lines to the Lease Term maintain point of entry of the demised premises, the costs of which shall be reimbursable under Article 3), and keep same in good order and condition, including all necessary painting and decorating, and make such repairs to the demised premises and the fixtures and appurtenances therein as and when needed to preserve them in good working order and condition (except that as to structural repairs and repairs to the exterior windows, Landlord shall be obligated to make same unless they are necessitated by any act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, in which case Tenant shall be so obligated). Tenant shall keep all interior glass, including interior windows, doors and skylights, clean and in good condition and operating order in a manner consistent repair and Tenant shall replace any interior glass that may be damaged with Comparable Buildings the structural portions glass of the Buildingsame kind and quality. All damage or injury to the Property caused by Tenant moving property in or out of the Building or by installation or removal of furniture, includingfixtures or other property, without limitationshall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the foundationoriginal work or installations. Tenant shall promptly make all repairs in or to the demised premises or the Property for which Tenant is responsible, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, provided that any repairs required to be made to the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safetysanitary, plumbingheating, sprinkler and HVAC ventilating, air-conditioning or other Building systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified performed only by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if . If Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and restoration or replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord same may be required to do made by governmental or quasi-governmental authority or court order or decree. Landlord at the expense of Tenant and such expense shall use commercially reasonable efforts to complete any required repairs in be collectible as additional rent and shall be paid by Tenant within twenty (20) Business Days after rendition of a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectxxxx therefor.

Appears in 1 contract

Samples: Office Lease (Arch Capital Group Ltd.)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, Leased Premises in good order, repair and condition at all times during the Lease Term. In addition, subject and Tenant shall promptly and adequately repair all damage to Articles 10, 11 the Leased Premises and 13 Tenant shall, at Tenant’s own expense, but replace or repair all damaged or broken fixtures and appurtenances under the supervision and subject to the prior approval of Landlord, and Landlord within any reasonable period of time specified by Landlord. In addition, pursuant Tenant shall, at Tenant’s expense, make all repairs, installations and additions to the terms Leased Premises as may be required by any law, ordinance, regulation or ruling of this Leaseany governmental authority having jurisdiction over the Leased Premises. If Tenant does not do so, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and any repairs, replacements, installations, and additions which Tenant is obligated to make and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may also make repairs, installations and additions to or in the Leased Premises as Landlord shall desire or deem necessary, or as Landlord may be required to do by governmental authority or court order or decree. No such entry or repairs by Landlord shall be deemed or construed to be a disturbance of Tenant’s quiet or peaceable possession of the Leased Premises or of any rights of Tenant under this Lease. Landlord may, but shall not be required to, enter the Leased Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, installations, alterations, improvements or and additions to the Leased Premises or to the Property Building or to any equipment located in the Property Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectnecessary.

Appears in 1 contract

Samples: Lease (Stockeryale Inc)

Repairs. Landlord shall Subject to clause 23.10, the Tenant accepts the Property at the Date of Entry in the condition shown in the Ingo Schedule of Condition and fit for the purpose for which it is let and undertakes at all times during throughout the Lease Term maintain in good condition at the Tenant's expense and operating order in a manner consistent with Comparable Buildings to the structural portions reasonable satisfaction of the BuildingLandlord to repair, includingmaintain, without limitationdecorate, cleanse, glaze, point and where necessary (due to the same being beyond economic repair) renew, rebuild and reinstate and generally in all respects to look after the Property and every part thereof with all necessary maintenance, cleansing and rebuilding and renewal works and amendments whatsoever damage by any Insured Risks for which the Landlord is indemnified under any insurance policy effected hereunder being excepted from this obligation save to the extent that the payment of insurance monies shall have been refused or withheld in whole or in part by reason of the act, neglect, default or omission of the Tenant or any other person for whom the Tenant is legally responsible and the Tenant has not made good the amount rendered so irrecoverable in terms of clause 9.3 (f) and save further for any excesses payable under such policy or policies. Provided that (a) in the event of any works being required under this clause 23.1 which do or may also affect any neighbouring or adjoining property of the Landlord, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, Tenant shall be bound to give written notice thereof to the “Building Structure”), Landlord as soon as reasonably practicable and the “Base Building” (works shall be carried out by or as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished shall be directed by the Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease but without prejudice to the contraryTenant's liability to meet the proper and reasonable cost or an appropriate share thereof as determined by the Landlord’s Surveyor on a fair and equitable basis and (b) in carrying out any works whatsoever to the Property the Tenant shall use best quality appropriate materials and (c) any warranty by the Landlord, whether express or implied and whether under statute or common law or otherwise that the Property is reasonably fit for the purpose for which it is let is expressly excluded. The Tenant shall not be required liable to repair repair, reinstate, renew or rebuild the Building Structure and/or the Building Systems except Property or any part thereof to the extent required because that the costs of Tenant’s use of remedying any disrepair, reinstating, renewing or rebuilding are recoverable by the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s own expense, Landlord pursuant to the terms Policy. The Tenant shall keep the external areas of this Lease, including without limitation, Section 5.3 the Property in a clean and Article 8 hereof, but subject tidy condition and not allow any rubbish or waste to be left there. The Tenant shall keep in repair all Service Media exclusively serving the Property and indemnify the Landlord and its tenants against all liability howsoever arising from any failure to repair or the misuse or overloading of such Service Media. The Tenant shall as soon as reasonably practicable repair or replace (where the same is beyond economic repair) by new articles of a similar kind and quality any Landlord’s obligations fixtures, fittings, lifts, boilers, plant, machinery or equipment on or in this Article 7 the Property needing repair or replacement. The Tenant shall keep all windows and glass of the Property clean both inside and outside and unobstructed. The Tenant shall keep all rubbish and waste enclosed in suitable receptacles situated in such areas as may be designated by the Landlord, acting reasonably and to Articles 10empty such receptacles as often as reasonably practicable and to keep any part or parts of the land forming part of the Property as may from time to time be unbuilt upon in proper, 11 neat and 13tidy order and condition all to the satisfaction of the Landlord, keep acting reasonably. The Tenant shall pay to the Landlord any reasonable costs properly incurred by the Landlord in connection with the repair, maintenance, resurfacing or renewal of any neighbouring or adjoining premises occasioned by the act, neglect, default or omission of the Tenant any other person for whom the Tenant is legally responsible. The Tenant shall give written notice to the Landlord as soon as reasonably practicable upon becoming aware of any want of repair or any defect in the Property. Notwithstanding the foregoing, the Tenant shall not be obliged to: maintain any part of the Property to any better a standard than the standard evidenced by the Ingo Schedule of Condition nor remedy any defect or want of repair identified in the Ingo Schedule of Condition, excepting the air conditioning unit, lower lock on the front door and the lift within the Premises, including all improvements, fixtures and furnishings therein, which the Tenant acknowledges are in good order, repair and condition at all times during (and, in the Lease Term. In additioncase of the lift, subject to Articles 10, 11 has been recently serviced) and 13 Tenant shall, at Tenant’s own expense, but under the supervision shall be maintained in such good repair and subject to the prior approval of Landlord, and within condition; remedy any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear the Landlord or beyond the reasonable control of Tenantthose for whom they are legally responsible; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage remedy any damage caused by any Uninsured Risks; repair or replace any of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to double-glazed window units within the Property or to on account of any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 material deterioration of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.black film which they contain;

Appears in 1 contract

Samples: Lease

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant’s 's own expense, pursuant to the terms of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, Leased Premises in good order, repair and condition at all times during the Lease Term. In addition, subject and Tenant shall promptly and adequately repair all damage to Articles 10, 11 the Leased Premises and 13 Tenant shall, at Tenant’s own expense, but replace or repair all damaged or broken fixtures and appurtenances under the supervision and subject to the prior approval of Landlord, and Landlord within any reasonable period of time specified by Landlord. In addition, pursuant Tenant shall, at Tenant's expense, make all repairs, installations and additions to the terms Leased Premises as may be required by any law, ordinance, regulation or ruling of this Leaseany governmental authority having jurisdiction over the Leased Premises, promptly and adequately repair all damage which is enacted after the Commencement Date or is specific to the Premises and replace or repair all damageduse to which Tenant puts the Leased Premises. If Tenant does not do so, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and any repairs, replacements, installations, and additions which Tenant is obligated to make and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may also make repairs, installations and additions to or in the Leased Premises as Landlord shall desire or deem necessary, or as Landlord may be required to do by governmental authority or court order or decree. No such entry or repairs by Landlord shall be deemed or construed to be a disturbance of Tenant's quiet or peaceable possession of the Leased Premises or of any rights of Tenant under this Lease. Landlord may, but shall not be required to, enter the Leased Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, installations, alterations, improvements or and additions to the Leased Premises or to the Property Building or to any equipment located in the Property Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectnecessary.

Appears in 1 contract

Samples: Privatebancorp Inc

Repairs. Landlord SECTION 11.01 Tenant at its sole cost and expense, shall at all times during the Lease Term maintain in take good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use care of the Premises for other than normal and customary business office operationsBuilding Equipment therein and Tenant's Property and the Fixtures. Tenant shallTenant, at Tenant’s own its sole cost and expense, pursuant shall make and be responsible for all repairs, interior or exterior, structural and otherwise, ordinary or extraordinary as and when needed to preserve the Premises and the Building Equipment therein and Tenant's Property and the Fixtures in good working order and condition, the need for which arises out of (a) the installation, use, existence or operation of Improvements. Tenant's Property or Fixtures*/ (b) the moving of Tenant's Property or Fixtures in or out of the Building or the Premises. (c) the acts, omissions, negligence or misuse of Tenant or any of its subtenants or any of its or their employees, agents, contractors, licensees or invitees or their use or occupancy or manner of use or occupancy of the Premises otherwise than in accordance with the terms of this LeaseLease (except fire or other casualty caused by Tenant's negligence if the fire or other casualty insurance policies insuring Landlord are not invalidated and the rights of Landlord are not adversely affected by this provision) or (d) pursuant to the provisions of Section 9.01A: provided, including without limitationhowever, Section 5.3 that Landlord, as its option, may make any of the foregoing repairs (other than repairs to Tenant's Property) and Article 8 hereofin such event. Tenant shall pay, but subject to Landlord’s obligations in this Article 7 and to Articles 10, 11 and 13, keep Landlord the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Termcost thereof as Additional Rent on demand. In additionno event shall Tenant be required to make, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under be responsible for or pay for any repairs which are required as a result of the supervision and subject to the prior approval negligence of Landlord, its agents, contractors or employees. Tenant at its sole cost and within any reasonable period of time specified by Landlordexpense, pursuant to the terms of this Leaseshall promptly replace scratched, promptly damaged or broken doors and adequately repair all damage to glass in and about the Premises and replace or repair shall be responsible for all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, maintenance of wall and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times on the terms set forth floor coverings in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to complete any required repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives shall promptly make, at its sole cost and expense, all repairs in or to the Premises for which it is responsible. If the Premises shall include any space on any ground, street, mezzanine or basement floor in the Building, Tenant at its sole cost and expense, shall make all rights under necessary repairs to all windows and benefits of subsection 1 of Section 1932 other glass in on or about such space and Sections 1941 put, keep and 1942 maintain all portions of the California Civil Code Premises and any sidewalks, curbs, entranceways, passageways and vaults adjoining and/or appurtenant to the Premises in clean and ordered condition, free of dirt, rubbish, snow, ice and other accumulations and unlawful obstructions. All repairs made by or on behalf of Tenant or any person claiming through or under any similar lawTenant shall be made and performed in conformity with the provisions of Article 10, statute, and shall be at least equal in quality and class to the original work or ordinance now installation or hereafter in effectthe then standards for the Building established by Landlord.

Appears in 1 contract

Samples: Lease and Extension Agreement (Asi Solutions Inc)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order in a manner consistent with Comparable Buildings the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas, including exterior landscaping (collectively, the “Building Structure”), and the “Base Building” (as that term is defined below) mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed By occupancy or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease entry to the contraryPremises hereunder, Tenant shall not be required deemed to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of have accepted the Premises for other than normal as being in good, sanitary order, condition and customary business office operationsrepair except as to items identified by Tenant pursuant to Article 6.3. Tenant shall, at Tenant’s own sole cost and expense, pursuant keep the Premises and every part thereof in good condition and repair (except as hereinafter provided with respect to Landlord's obligations. Tenant shall, upon the terms expiration or sooner termination of the term of this Lease, including without limitation, Section 5.3 and Article 8 hereof, but subject surrender the Premises to Landlord’s obligations the Landlord in this Article 7 and to Articles 10, 11 and 13, keep the Premises, including all improvements, fixtures and furnishings therein, same condition as when first occupied in good ordercondition, repair and condition at all times during the Lease Term. In additionbroom clean, subject to Articles 10, 11 and 13 Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or and damage from causes beyond the reasonable control of Tenant excepted subject to Article 11 of this Lease. Any damage to adjacent Premises caused by Tenant; provided however, that if 's use of the Premises shall be repaired at the sole cost and expense of Tenant. In the event Tenant fails to make maintain the Premises in good order, condition and repair, Landlord shall give Tenant notice to do such repairsacts as are reasonably required so to maintain Premises. In the event Tenant fails to commence such work within 30 days of receiving such notice or diligently prosecute the same to completion, within applicable notice and cure periods Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Property) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall is not be required obligated to, enter perform such acts and expend such funds at the Premises at all reasonable times on the terms set forth in Section 27.1 to make such repairs, alterations, improvements or additions to the Premises or to the Property or to any equipment located in the Property expense of Tenant as Landlord shall desire or deem necessary or as Landlord may be are reasonably required to do by governmental or quasi-governmental authority or court order or decreeperform such work. Landlord shall use commercially reasonable efforts be paid by Tenant promptly after demand with interest at ten percent (10%) per annum from the date of such work. Landlord shall have no liability to complete Tenant for any required repairs in a manner which does not materiallydamage, adversely affect Tenant’s inconvenience or interference with the use of the Premises by Tenant as a result of performing any such work or access to by reason of undertaking the Premisesrepairs required by this Article 11. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 1 contract

Samples: GigOptix, Inc.

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