Common use of Repairs Clause in Contracts

Repairs. 11.1 Tenant, at its sole cost and expense, shall take good care of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 2 contracts

Sources: Lease Agreement (Cerecor Inc.), Lease Agreement (Cerecor Inc.)

Repairs. 11.1 Tenant, at its sole cost and expense, Sublessee shall take good care of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, make all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations repairs to the Subleased Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (except fire or other casualty caused not required to be made by Tenant’s negligence, if the fire or other casualty insurance policies insuring Master Landlord are not invalidated and the rights of Landlord are not adversely affected by this provision) or (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. TenantMaster Lease, at its sole cost including, but not limited to special items and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made equipment installed by or on behalf of Tenant Sublessee. Sublessee shall pay for any repairs to the 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 person claiming through 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 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 under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep maintenance work which is connected to the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, or may affect any structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction portion of the Building or the Premisesany of its basic systems (including, as the case may bewithout limitation, air conditioning, heating, plumbing, electrical, and light fixtures), Sublessee shall notify Master Landlord and Sublessor and obtain Master Landlord’s and Sublessor’s prior written approval of the contractor who will perform such work. Master Landlord or Sublessor may elect to perform the required work at Sublessee’s cost. All amounts payable by Sublessee to Sublessor pursuant to this Section 9 shall be consistent paid as additional rent within ten (10) days after Sublessor delivers to Sublessee invoices or cancelled checks evidencing such payment obligations. Notwithstanding the foregoing, the parties hereto acknowledge and agree that Master Landlord shall remain responsible for the performance of all repairs expressly required to be performed by Master Landlord pursuant to the terms and conditions of 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, Sublessor shall either (i) take reasonable action under the Master Lease to require Master Landlord to perform its obligations thereunder, or (ii) permit Sublessee, with Sublessor’s reasonable cooperation, to enforce Master Landlord’s repair obligations under the operation of a first-class office buildingMaster Lease.

Appears in 2 contracts

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

Repairs. 11.1 TenantLandlord shall, at its sole cost and Landlord’s expense, shall take good care of maintain and repair the Premises Building (including the Building systems) and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to LandlordLand, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations except to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving extent of Tenant’s Property or Improvements responsibility set forth in or out of the Building or the Premisesthis Article. Tenant shall, (iii) 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 (except fire or other casualty caused by at Tenant’s negligenceexpense, 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 (iv) the performance by Tenant of its obligations pursuant subject to the provisions of Section 8.2this lease, including Article 5, as if part of Tenant’s Work, maintain and repair the Premises (including any lavatories within the Premises) and all Building systems within and serving only the Premises, subject to reasonable wear and tear and damage for which Tenant is not responsible pursuant to this lease. TenantIf the Premises are on street level with an entry from the street directly into the Premises, Tenant shall, at its sole cost Tenant’s expense (a) maintain and expenserepair the sidewalks abutting the Premises and (b) keep those sidewalks free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition, subject to reasonable wear and tear and damage for which Tenant is not responsible pursuant to this lease. except where Subject to Section 13.4, all damage to the necessity therefor has been occasioned by Building (including the gross negligence Building systems) or willful acts the Land resulting from any act or omission of Landlord, it agents, Tenant or Tenant’s employees or contractors, shall promptly replace scratchedbe repaired, damaged or broken doors and glass in and about at Tenant’s expense, by Tenant to the Premises and shall be responsible for all repairs and maintenance reasonable satisfaction of wall and floor coverings in the PremisesLandlord or, at Landlord’s option, by Landlord. Tenant shall promptly and diligently make all repairs in or give prompt notice to Landlord if any portion of the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Building system within the Premises requires repair. Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlordshall, at its sole cost and Tenant’s expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with cause vermin within the covenant contained in this Section 11.2, except for (a) repairs required Premises to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and exterminated (b) repairs of Tenant’s Property or Improvements not occasioned as reasonably required by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, ). Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant Tenant, there shall be no abatement of the specific repair required Rent and there shall not be deemed to be made (which, in the case any actual or constructive eviction of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All Tenant arising from Landlord performing any repairs and replacements made by either party shall be at least equal in quality of workmanship and material or other work to the quality of workmanship and material found in the original construction any portion of the Building (including the Premises or the Building systems). Landlord shall perform such repairs or other work in a manner which minimizes interference with the conduct of Tenant’s business in the Premises and damage to the Premises, as the case may beTenant’s Work and Tenant’s Property (all of which shall promptly be repaired by Landlord, and shall be consistent with the operation of a first-class office buildingat its expense), but Landlord is not required to employ overtime labor or incur additional expenses.

Appears in 2 contracts

Sources: Office Lease, Office Lease

Repairs. 11.1 TenantTenant shall promptly make, at its sole cost and expense, any and all repairs necessary to maintain the Premises and shall take good care of keep and maintain the Premises and the Fixtures mechanical systems therein (including, without limitation, the plumbing, electrical, security, cable and Building Equipment therein HVAC systems) and Tenant’s Property all landscaping and laws on the Premises in good repair, and in an orderly condition, consistent with other similar buildings in or near the operation Location. Landlord shall assign to Tenant any warranties held by Landlord with respect to the portions of the Premises for which Tenant 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, tiles or carpeting) and all other items which constitute a first-class office buildingstructural 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 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 completion as soon as reasonably possible after commencement of the same. In the event of an emergency (imminent and serious danger to persons or property) or if Tenant fails to begin such repairs within five (5) business days following receipt of such written notice or fails to diligently pursue the same to completion, and Landlord provides further written notice (a “Second Notice”) of such failure to Tenant, and Tenant fails to commence repairs within two (2) days after receipt of the Second Notice or to diligently pursue repairs, Landlord shall be entitled to, but shall not be obligated to, make such repairs. Tenant shall pay to Landlord, promptly upon demand, all Landlord within ten (10) days after written demand therefore the reasonable costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether making such repairs. In no event shall Tenant be obligated under this Paragraph to repair any damage caused by any act, replacements and alterations are interior omission or exterior, structural negligence of Landlord or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) the acts, omissions, negligence or misuse of Tenant or any of its subtenants or any of its or their employees, agents, contractorsinvitees, licensees or invitees or their use or occupancy or manner of use or occupancy of the Premises (except fire or other casualty caused by Tenant’s negligencelicensees, 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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees subtenants or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. The Tenant shall promptly and diligently make all repairs in or not have liability for failure to the Premises for which it is responsible and in any event within 30 days of receipt of written provide Tenant a notice of the necessity therefor from Landlordneed for any such repair. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant this Paragraph 6.1 shall be made in a proper and performed in conformity workmanlike manner and with the provisions use of Article XVonly first class materials. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 2 contracts

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

Repairs. 11.1 7.1 Tenant, at its sole cost and expense, throughout the term of this Lease Agreement, shall take good care of the Demised Premises (including any improvements hereafter erected or installed on the Land), and shall keep the Fixtures same in good order and Building Equipment therein condition and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlordmake and perform all maintenance and replacements thereof and all necessary repairs thereto, promptly upon demand, all costs interior and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwiseand nonstructural, ordinary or and extraordinary, foreseen and unforeseen, of every nature, kind and description which are necessary for the need for which arises out continued operation of (i) Renaissance Fairs on the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Demised Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made by Tenant in accordance with all laws, ordinances and performed regulations whether heretofore or hereafter enacted. The necessity for or adequacy of maintenance and repairs shall be measured by the standards which are appropriate for improvements of similar construction and class, provided that Tenant shall in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall any event make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with avoid any structural damage or other damage or injury to the covenant contained in this Section 11.2, except for (a) repairs Improvements. 7.2 Landlord shall not be required to be made by furnish any services or facilities or to make any repairs or alterations in, about or to the Demised Premises or any improvements hereafter erected thereon. Tenant pursuant to Section 11.1 hereby assumes the full and any other terms sole responsibility for the condition, operation, repair, replacement, maintenance and management of this Leasethe Demised Premises and all improvements hereafter erected thereon, and (b) Tenant hereby waives any rights created by any law now or hereafter in force to make repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterDemised Premises or improvements hereafter erected thereon at Landlord's expense. 11.3 All repairs and replacements made by either party 7.3 Tenant shall be at least equal in quality of workmanship and material not do or suffer any waste or damage, disfigurement or injury to the quality of workmanship and material found in the original construction of the Building or the Demised Premises, as or any improvements hereafter erected thereon, or to the case may be, and shall be consistent with the operation of a first-class office buildingfixtures or equipment therein.

Appears in 2 contracts

Sources: Purchase Agreement (Renaissance Entertainment Corp), Lease Agreement (Renaissance Entertainment Corp)

Repairs. 11.1 Tenant, Lessee agrees to act with care in its use and occupancy of the Leased Premises and the fixtures therein and shall at its sole cost and expense, shall take good care make all such repairs thereto, including those necessitated by the negligence of Lessee, or any sublessee, their agents, employees or invitees or by the use of the Leased Premises in a manner contrary to the purposes for which same are leased to Lessee, as and when needed to preserve them in their condition at the Commencement Date, except for reasonable wear and use, or damage by fire or other casualty (unless the negligence of Lessee or its agents, employees, contractors or invitees is a supervening cause). All damage or injury to the Leased Premises and the Fixtures to its fixtures, appurtenances and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures equipment or the Building Equipment thereinof which the Leased Premises are a part, whether such repairsor to its fixtures, replacements appurtenances and alterations are interior equipment caused by Lessee, its agents, employees, contractors or exterior, structural invitees or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the by Lessee moving of Tenant’s Property or Improvements property in or out of the Building or the Premisesby installation or removal of furniture, (iii) 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 (except fire fixtures 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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractorsproperty, shall be repaired, restored or replaced promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, Lessee at its sole cost and expense, to the reasonable satisfaction of Lessor. All such aforesaid repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Lessee fails to make all repairs and such repairs, restorations or replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to same may be made by Tenant pursuant to Section 11.1 Lessor at the reasonable expense of Lessee and such expense shall be collectable as Additional Rent. Lessee expressly will not cause any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein damage to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction hallways or common areas of the Building or the PremisesProperty. Except as specifically herein otherwise provided, as Lessee agrees that from and after the case may bedate that possession of the Leased Premises is delivered to Lessee, and shall be consistent with until the operation expiration of a the term hereof, it will keep neat and clean and maintain in good order, condition and repair, the Leased Premises and every part thereof, including without limitation the interior portions of all doors, windows, and plate glass, fixtures and interior walls, floors, ceilings, signs (where permitted) and all wiring, electrical systems, interior building appliances and similar equipment. Lessee shall, at Lessee’s expense, repair and maintain (subject to the provisions of this lease) the Leased Premises and any part and portion thereof from time to time to assure that the same are kept in first-class office building.tenantable and attractive condition throughout the term of this lease. Lessee further agrees that the Leased Premises shall be kept in a clean, sanitary and safe condition in accordance with the laws of the Commonwealth of Massachusetts and local ordinances, and in accordance with all directions, rules and regulations of the Health Officer, Fire Marshal, Building Inspector and other proper officers of the governmental agencies having jurisdiction thereover. Lessee shall not permit or commit any waste to the Leased Premises, Building or Property. Lessor is not responsible for any repairs, maintenance or cleaning of the kitchen area, if any, within the Leased Premises. Lessee has the sole responsibility for maintaining and keeping in good repair the kitchen area and/or any appliances. Notwithstanding the foregoing, Lessor shall have the right, upon written notice to Lessee, to assume so much of the maintenance of the Leased Premises as Lessor, in its sole discretion deems necessary. To the extent that the Lessor elects, it shall charge Lessee the cost of such repair or maintenance. All such charges shall be due and payable as Additional Rent hereunder within thirty

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Repairs. 11.1 TenantTenant shall promptly make, at its sole cost and expense, any and all repairs necessary to maintain the Premises and shall take good care of keep and maintain the Premises and the Fixtures mechanical systems therein (including, without limitation, the plumbing, electrical, security, cable and Building Equipment therein HVAC systems) and Tenant’s Property all landscaping and laws on the Premises in good repair, and in an orderly condition, consistent with other similar buildings in or near the operation Location. Landlord shall assign to Tenant any warranties held by Landlord with respect to the portions of the Premises for which Tenant 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, tiles or carpeting and all other items which constitute a first-class office buildingstructural 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 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 completion as soon as reasonably possible after commencement of the same. In the event of an emergency (imminent and serious danger to persons or property) or if Tenant fails to begin such repairs within five (5) business days following receipt of such written notice or fails to diligently pursue the same to completion, and Landlord provides further written notice (a “Second Notice”) of such failure to Tenant, and Tenant fails to commence repairs within two (2) days after receipt of the Second Notice or to diligently pursue repairs, Landlord shall be entitled to, but shall not be obligated to, make such repairs. Tenant shall pay to Landlord, promptly upon demand, all Landlord within ten (10) days after written demand therefore the reasonable costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether making such repairs. In no event shall Tenant be obligated under this Paragraph to repair any damage caused by any act, replacements and alterations are interior omission or exterior, structural negligence of Landlord or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) the acts, omissions, negligence or misuse of Tenant or any of its subtenants or any of its or their employees, agents, contractorsinvitees, licensees or invitees or their use or occupancy or manner of use or occupancy of the Premises (except fire or other casualty caused by Tenant’s negligencelicensees, 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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees subtenants or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. The Tenant shall promptly and diligently make all repairs in or not have liability for failure to the Premises for which it is responsible and in any event within 30 days of receipt of written provide Tenant a notice of the necessity therefor from Landlordneed for any such repair. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant this Paragraph 6.1 shall be made in a proper and performed in conformity workmanlike manner and with the provisions use of Article XVonly first class materials. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 2 contracts

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

Repairs. 11.1 (a) Tenant shall keep the Premises (including all Fixtures) in good condition and, upon expiration or earlier termination of the Term, shall, subject to the terms and conditions of Section 5.03(d) herein, surrender the same to Landlord in the same condition as when first occupied, reasonable wear and tear excepted. Tenant’s obligation shall include the obligation to repair all damage caused by Tenant, its agents, employees, invitees and licensees to the equipment and other installations in the Premises or anywhere in the Building. Any maintenance, repair or replacement to the windows (including any solar film attached thereto), the Building systems, the Building’s structural components or any areas outside the Premises and which is Tenant’s obligation to perform shall be performed by Landlord at Tenant’s expense. Tenant shall not commit or allow to be committed any waste or damage to any portion of the Premises or the Building. (b) Landlord shall at all times operate and maintain the Building in accordance with the standards that are customarily followed in the operation and maintenance of First-Class Office Buildings (the “Standard”). (c) Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of the Premises in making any repairs, alterations, additions or improvements to the Building or in the cleaning and maintenance thereof; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever, except that Landlord, at its sole cost and expenseexpense shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made by it hereunder to remedy any condition that either (i) results in a denial of access to the Premises and/or (ii) except in the case of a fire or other casualty, shall take good care precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises and the Fixtures and Building Equipment therein and Premises. In all other cases, at Tenant’s Property consistent with request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements to the operation of a first-class office building. extent it is practicable to do so, and Tenant shall pay to Landlord, promptly upon as additional rent, within twenty (20) days after demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations an amount equal to the Premises and difference between the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (except fire overtime or other casualty caused by Tenant’s negligence, if the fire or other casualty insurance policies insuring Landlord are not invalidated premium pay and the rights of Landlord are not adversely affected by this provision) or (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XVstraight time pay. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 2 contracts

Sources: Lease (Yext, Inc.), Lease (Yext, Inc.)

Repairs. 11.1 Tenant, at its sole cost and expense, shall take good care of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall TENANT agrees to: a) immediately report to LANDLORD any damages or needed repairs; and b) pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations for repairs which are needed due to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out fault of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) the acts, omissions, negligence or misuse of Tenant TENANT or any of its subtenants TENANT's family or guests. If TENANT or any of its occupant needs to send a notice or their employeesrequest— for example, agentsfor repairs, contractorsinstallations, licensees services, ownership disclosure or invitees or their use or occupancy or manner of use or occupancy of the Premises security-related matter-- IT MUST BE SIGNED AND PROVIDED IN WRITING to LANDLORD’s designated representative (except fire in case of fire, smoke, gas, explosion, overflowing sewage, uncontrollable running water, electrical shorts, or crime in progress). LANDLORD’s written notes on TENANT’s oral request do not constitute a written request from TENANT. LANDLORD’s compliance with or responding to any oral request regarding security or any other matters does not waive the strict requirement for written notices under this LEASE. TENANT must promptly notify LANDLORD in writing of: water leaks; mold; electrical problems; malfunctioning lights; broken or missing locks or latches; and other conditions that pose a hazard to property, health, or safety. LANDLORD may change or install utility lines or equipment serving the UNIT if the work is done reasonably without substantially increasing TENANT’s utility costs. LANDLORD may turn off equipment and interrupt utilities as needed to avoid property damage or to perform work. If utilities malfunction or are damaged by fire, water or similar cause, TENANT must notify LANDLORD’s representative immediately. If air conditioning or other casualty caused by Tenantequipment malfunctions, TENANT must notify LANDLORD’s negligencerepresentative as soon as possible on a business day. LANDLORD will act with customary diligence to make repairs and reconnections, if the fire or other taking into consideration when casualty insurance policies insuring Landlord proceeds are received. RENT will not invalidated and the rights of Landlord are not adversely affected by this provision) ▇▇▇▇▇ in whole or (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2in part. Tenant, at If LANDLORD believes in its sole cost and expense. except where the necessity therefor has been occasioned judgment that damage is substantial, or that performance of needed repairs poses a danger to TENANT, LANDLORD may terminate this LEASE without liability by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be giving TENANT at least equal in quality of workmanship five (5) days written notice. LANDLORD may also remove personal property if it causes a health or safety hazard. If the LEASE is so terminated, LANDLORD will refund prorated RENT and material to the quality of workmanship and material found in the original construction of the Building or the Premisesall deposits, as the case may be, and shall be consistent with the operation of a first-class office buildingless lawful deductions.

Appears in 2 contracts

Sources: Residential Lease Agreement, Residential Lease Agreement

Repairs. 11.1 TenantLessee accepts said premises (including glazing, at its sole cost outside adjacent sidewalks and expense, shall take good care of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (except fire or other casualty caused by Tenant’s negligenceparking areas, if the fire or other casualty insurance policies insuring Landlord are not invalidated and the rights of Landlord are not adversely affected by this provisionany) or (iv) the performance by Tenant of its obligations pursuant in their present condition, acknowledging same to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair; Lessee shall maintain the said premises in as good order and repair as when received, damage by fire, war, earthquake, or reasonable use and wear thereof, excepted; unless said fire be caused by the negligence of Lessee, his employees or invitees. Lessee waives the provisions of Sections 1941 and 1942 of the California Civil Code, or any other law which would permit Lessee to make repairs at Lessor's expense. Lessee agrees to water, maintain and replace, when necessary, any shrubbery, landscaping, exterior lighting, sprinklers and other such facilities provided by Lessor on the leased premises. If parking and landscaping are provided for an entire building or building site, the maintenance cost of such parking and landscaping, including sweeping service, by a service designated by Lessor shall be prorated on a square footage or other equitable basis as calculated by Lessor. Lessee agrees to pay this cost in addition to the monthly rental. Included in repairs and maintenance for which the Lessee is obligated to pay are: replacement when necessary of light globes, fluorescent tubes, ballasts and starters in all lighting equipment; and for repairs to doors, storefronts and windows, including glazing, door closers, locks and frames, landscape sprinkler system, toilet fixtures, fire sprinkler and fire sprinkler supervisory systems, due to damage from any cause. This list is not intended to be exclusive and shall operate not limit the Building as a first-class office buildinggeneral provisions hereof concerning repairs. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with For the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant duration of the specific repair required lease, Lessee agrees to be made (which, maintain and pay for a service contract which meets the manufacturer's recommendations of the air conditioning and heating systems installed in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair canleased premises. Lessor shall not be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material obligated to the quality of workmanship and material found in the original construction repair minor settlement cracks on walls or floor of the Building or the Premises, as the case may beleased premises, and shall not be consistent with responsible for the operation leaking of a first-class office buildingsaid walls due thereto or as the result of porosity thereof.

Appears in 2 contracts

Sources: Lease Agreement (Argonaut Technologies Inc), Lease (Argonaut Technologies Inc)

Repairs. 11.1 Tenant, at its sole cost and expense, Sublessee shall take good care of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, make all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations repairs to the Subleased ------- Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (except fire or other casualty caused not required to be made by Tenant’s negligence, if the fire or other casualty insurance policies insuring Master Landlord are not invalidated and the rights of Landlord are not adversely affected by this provision) or (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. TenantMaster Lease, at its sole cost including, but not limited to special items and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made equipment installed by or on behalf of Tenant Sublessee. Sublessee shall pay for any repairs to the 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 person claiming through 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 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 under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep maintenance work which is connected to the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, or may affect any structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction portion of the Building or the Premisesany of its basic systems (including, as the case may bewithout limitation, air conditioning, heating, plumbing, electrical, and light fixtures), Sublessee shall notify Master Landlord and Sublessor and obtain Master Landlord's and Sublessor's prior written approval of the contractor who will perform such work. Master Landlord or Sublessor may elect to perform the required work at Sublessee's cost. All amounts payable by Sublessee to Sublessor pursuant to this Section 10 shall be consistent paid as Additional Rent within ---------- ten (10) days after Sublessor delivers to Sublessee invoices or cancelled checks evidencing such payment obligations. Notwithstanding the foregoing, the parties hereto acknowledge and agree that Master Landlord shall remain responsible for the performance of all repairs expressly required to be performed by Master Landlord pursuant to the terms and conditions of 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, Sublessor shall either (i) take reasonable action under the Master Lease to require Master Landlord to perform its obligations thereunder, or (ii) permit Sublessee, with Sublessor's reasonable cooperation, to enforce Master Landlord's repair obligations under the operation of a first-class office buildingMaster Lease.

Appears in 2 contracts

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

Repairs. 11.1 Tenant, at its sole cost and expense, Sublessee shall take good care of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, make all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations repairs to the Subleased ------- Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (except fire or other casualty caused not required to be made by Tenant’s negligence, if the fire or other casualty insurance policies insuring Master Landlord are not invalidated and the rights of Landlord are not adversely affected by this provision) or (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. TenantMaster Lease, at its sole cost including, but not limited to special items and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made equipment installed by or on behalf of Tenant Sublessee. Sublessee shall pay for any repairs to the 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 person claiming through 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 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 under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep maintenance work which is connected to the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, or may affect any structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction portion of the Building or the Premisesany of its basic systems (including, as the case may bewithout limitation, air conditioning, heating, plumbing, electrical, and light fixtures), Sublessee shall notify Master Landlord and Sublessor and obtain Master Landlord's and Sublessor's prior written approval of the contractor who will perform such work. Master Landlord or Sublessor may elect to perform the required work at Sublessee's cost. All amounts payable by Sublessee to Sublessor pursuant to this Section 10 shall be consistent ---------- paid as Additional Rent within ten (10) days after Sublessor delivers to Sublessee invoices or cancelled checks evidencing such payment obligations. Notwithstanding the foregoing, the parties hereto acknowledge and agree that Master Landlord shall remain responsible for the performance of all repairs expressly required to be performed by Master Landlord pursuant to the terms and conditions of 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, Sublessor shall either (i) take reasonable action under the Master Lease to require Master Landlord to perform its obligations thereunder, or (ii) permit Sublessee, with Sublessor's reasonable cooperation, to enforce Master Landlord's repair obligations under the operation of a first-class office buildingMaster Lease.

Appears in 2 contracts

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

Repairs. 11.1 Section 6.1. Tenant covenants to use due care in its use and occupancy of the Premises and not to commit waste. Except as 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 its Tenant's sole cost and expense, shall take good care 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 Premises aforesaid repairs shall be performed in a manner and the Fixtures with materials and Building Equipment therein design of first class and Tenant’s Property quality consistent with the operation of a first-class office buildingbuildings in Memphis and shall be made in accordance with the provisions of Article 5. If Tenant shall fail, after five (5) days notice (or such shorter period as may be required because of an emergency), to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord, at the expense of Tenant, and the expenses thereof incurred by Landlord, with interest thereon at the Applicable Rate, shall be paid to Landlord, as Additional Rent, within ten (10) days after rendition of a ▇▇▇▇ or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in any Building Systems located in, servicing or passing through the Premises. Section 6.2. Tenant shall not place a load upon any floor of the Premises which exceeds seventy-five (75) pounds per square foot "live load." Tenant shall not locate or move any safe, heavy machinery, heavy equipment, business machines, freight, bulky matter or fixtures into or out of the Building without Landlord's prior consent, which consent shall not be unreasonably withheld, and Tenant shall make payment to Landlord of Landlord's costs in connection therewith (if such move is not part of an Alteration). If such safe, machinery, equipment, freight, bulky matter or fixture requires special handling (as determined by Landlord), Tenant shall employ only persons holding a Master Rigger's license to do said work. All work in connection therewith shall comply with the Requirements, and shall be done during such hours as Landlord may designate. Business machines and mechanical equipment shall be placed and maintained by Tenant, at Tenant's expense, in settings sufficient, in Landlord's reasonable judgment, to absorb and prevent vibration, noise and annoyance. Section 6.3. Landlord shall operate, maintain and make all necessary repairs (both structural and non-structural) to the Building Systems and the public portions of the Building, both exterior and interior, in conformance with standards applicable to first-class office buildings in Memphis, except for those repairs for which Tenant is responsible pursuant to any other provision of this Lease. Landlord shall use reasonable efforts to minimize interference with Tenant's use and occupancy of the Premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs in connection with such repairs, alterations, additions or improvements. Notwithstanding the foregoing, if Tenant shall so request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates or incur other overtime costs in making such repairs, alterations, additions or improvements, provided Tenant shall pay to Landlord, promptly upon demandas Additional Rent, all within ten (10) days after demand therefor, an amount equal to the excess costs and expenses incurred by Landlord by reason of compliance with Tenant's request. Except as expressly provided in connection with all this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any repairs, replacements and alterations to the Premises and the Fixtures alterations, additions or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements improvements in or out to any portion of the Building or the Premises, (iii) or its fixtures, appurtenances or equipment. Section 6.4. Without abatement or diminution in rent, Landlord reserves and shall have the actsfollowing additional rights: 1. To erect, omissionsuse and maintain pipes and conduits in and through the Premises; provided that all such conduits and pipes shall be located behind then-existing walls, negligence under floors or misuse above suspended ceilings and shall not interfere with the use and operation of Tenant the Premises, or any of its subtenants equipment or facilities located therein. 2. To take any of its and all measures, including inspections, repairs, alterations, additions and improvements to the Premises or their employeesto the Building, agentsas may be necessary or desirable for the safety, contractors, licensees protection or invitees or their use or occupancy or manner of use or occupancy preservation of the Premises (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the PremisesLandlord's interests, or as the case may be, and shall be consistent with necessary or desirable in the operation of a first-class office buildingthe Building.

Appears in 2 contracts

Sources: Lease Agreement (Harrahs Entertainment Inc), Lease Agreement (Harrahs Entertainment Inc)

Repairs. 11.1 Tenant, at its sole cost and expense, Tenant shall take good care of the Demised Premises and fixtures therein and, subject to the Fixtures provisions of Article 4 hereof, shall, except for ordinary wear and tear, make all repairs in and about Demised Premises necessary to preserve them in food order and condition, which repairs shall be in quality and class equal to the original work. Landlord, however, shall repair the Building Equipment therein plumbing, heating, ventilating or air conditioning and electrical systems and make structural repairs within Demised Premises arising from ordinary wear and tear or through causes over which Tenant has no control, except as otherwise provided in this Lease. Landlord may repair, at the expense of Tenant’s Property consistent , all damage or injury to Demised Premises, or to the Building and Landlord may repair, at the expense of Tenant, all damage or injury to Demised Premises, or to the Building and its fixtures, appurtenances or equipment or to any of the areas used in connection with the operation of a first-class office building. the Building, done by Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property's agents, (ii) the servants, employees, contractors, visitors or Licensees or caused by moving property of Tenant’s Property or Improvements Tenant in or out of the Building, or by installation or removal of furniture or other property, or resulting from fire, heating, ventilating or air conditioning unit or system, short circuits, overflow or Leakage of water, steam, gas, sewer gas, sewage or odors, or by frost or by bursting or Leaking of pipes or plumbing works, or gas, or from any other cause, due to the carelessness, negligence, or improper conduct of Tenant or Tenant's agents, servants, employees, contractors, visitors or Licensees. Landlord shall have the right to replace, at the expense of Tenant, any and all plate and other glass damaged or broken from any cause whatsoever in or about Demised Premises unless caused by or due to the sole negligence of Landlord, Landlord's agents, servants or employees. Except as provided in Article 10 hereof, there shall be no allowance to Tenant for a diminution of rental value, and no Liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of, or the failure to make, any repairs, alterations, decorations, additions or improvements in or to any portion of the Building or any of the areas used in connection with the operation thereof, or Demised Premises, (iii) or in or to fixtures, appurtenances or equipment, or by reason of the acts, omissions, negligence act or misuse neglect of Tenant or any other tenant or occupant of its subtenants the Building; and in no event shall Landlord be responsible for any consequential damages arising or alleged to have arisen from any of its or their employees, agents, contractors, licensees or invitees or their use or occupancy or manner the foregoing matters except those arising as a result of use or occupancy of the Premises (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the Landlord's gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premisesmisconduct. Tenant shall promptly and diligently make hereby waives all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or rights under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep Sections 1932, 1933, 1941 and 1942 of the Building Civil Code of the State of California and Building Equipment all rights under any Law in good order and repair and shall operate existence during the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms Term of this Lease, and (b) Lease authorizing a tenant to make repairs at the expense of Tenant’s Property a Landlord or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to terminate a Lease upon the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant complete or partial destruction of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterteased premises. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 2 contracts

Sources: Lease Agreement (Homelife Inc), Lease Agreement (Homelife Inc)

Repairs. 11.1 TenantLandlord shall maintain and repair the exterior of and the public portions of the Building and all Building systems servicing the Demised Premises. Tenant shall, at its sole cost and expensethroughout the term of this lease, shall take good care of the Demised Premises including the windows and window frames and the Fixtures fixtures, appurtenances and Building Equipment Improvements therein and at Tenant’s Property consistent with sole cost and expense promptly make all repairs thereto and to the operation Building, whether structural or non-structural in nature, caused by or resulting from the carelessness, omission, neglect or improper conduct of a first-class office buildingTenant, Tenant’s servants, employees, invitees, or licensees. Tenant shall pay to Landlord, promptly upon demand, also repair all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations damage to the Premises Building and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) Demised Premises caused by the moving of Tenant’s Property fixtures, furniture or Improvements in equipment. All the aforesaid repairs shall be of quality or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant class equal to the provisions of Section 8.2original work or construction. TenantIf Tenant fails, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlordafter ten (10) days notice, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently to proceed with due diligence to make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms Tenant, the same may be made by the Landlord at the expense of this LeaseTenant, and (b) repairs the expenses thereof incurred by Landlord shall be collectible, as additional rent, after rendition of a ▇▇▇▇ 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 leading to the Demised Premises and following such notice, Landlord 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 Property servants, agents, employees, invitees or Improvements not occasioned licensees as aforesaid. To the extent any plumbing, heating system or electrical lines or other like installations are installed by Landlord’s negligence, Notwithstanding anything contained herein to the contraryTenant, Landlord shall have no liability responsibility to Tenant under this Section unless repair and until 30 days after receipt maintain the same, the repair and maintenance of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party said installations being Tenant’s sole responsibility. There shall be at least equal in quality of workmanship and material no allowance to the quality Tenant for a diminution of workmanship rental value and material found no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making or failing to make any repairs, alterations, additions or improvements in the original construction or to any portion of the Building or the PremisesDemised Premises or in and to the fixtures, as appurtenances or equipment thereof. The provisions of this Article 4 with respect to the making of repairs shall not apply in the case may be, and of fire or other casualty with regard to which Article 9 shall be consistent with the operation of a first-class office buildingapply.

Appears in 2 contracts

Sources: Office Lease, Office Lease Agreement (Neutral Tandem Inc)

Repairs. 11.1 TenantIn the event of a breakdown of the electrical or mechanical systems, at its sole cost LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and expenseshall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, shall take good care other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the Fixtures toilet(s) and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay it is found to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinarybe SUBTENANT’S fault, the need charge for which arises out of (i) the installationplumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or decorate the Premises, (iii) the actswithout LANDLORD’s prior written approval and shall, omissionsupon termination of tenancy, negligence or misuse of Tenant or remove 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 alterations and decorating and restore the Premises (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 (iv) the performance by Tenant of its obligations pursuant to the provisions same condition as it was in on the date of Section 8.2commencement of this Tenancy Agreement, reasonable wear and tear excepted. TenantSee Schedule 2 - Damage/Other Charges for charges that may apply. SUBTENANT covenants to advise LANDLORD, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence via e-mail, of any repairs or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by Tenant pursuant SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to Section 11.1 and LANDLORD of any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned maintenance that LANDLORD is required to undertake by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant law or under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (whichAgreement, SUBTENANT, except in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such shall not call on any person not employed by LANDLORD to affect any repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction or maintenance of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 2 contracts

Sources: Sub Lease/Rental Contract, Sub Lease/Rental Contract

Repairs. 11.1 TenantOwner shall maintain and repair the exterior of and the public portions of the building. Tenant shall, at its sole cost and expensethroughout the term of this lease, shall take good care of the Premises 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 fixtures and Building Equipment therein appurtenances therein, and at Tenant’s Property consistent with sole cost and expense promptly make all repairs thereto and to the operation building, whether structural or non-structural in nature, caused by, or resulting from, the carelessness, omission, neglect or improper conduct of a first-class office buildingTenant, 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 lease, including article 6. Tenant shall pay to Landlord, promptly upon demand, also repair all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations damage to the Premises building and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) demised premises caused by the moving of Tenant’s Property fixtures, furniture or Improvements in equipment. All the aforesaid repairs shall be of quality or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant class equal to the provisions of Section 8.2original work or construction. TenantIf Tenant fails, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlordafter ten (10) days notice, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently to proceed with due diligence to make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) 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 ▇▇▇▇ or statement therefore. If the demised premises be or become infested with vermin, Tenant pursuant shall, at its expense, cause the same to Section 11.1 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 in and to the fixtures, appurtenances or equipment 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 terms article of this Lease, and (b) repairs of lease. Tenant agrees that Tenant’s Property or Improvements not occasioned sole remedy at law in such instance will be by Landlord’s negligence, Notwithstanding anything contained herein way of an action for damages for breach of contract. The provisions of this Article 4 with respect to the contrary, Landlord making of repairs shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, not apply in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterfire or other casualty with regard to which Article 9 hereof shall apply. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 2 contracts

Sources: Loft Lease (Integral Ad Science Holding LLC), Lease Agreement (Integral Ad Science Holding LLC)

Repairs. 11.1 TenantDuring the continuance of this Sublease, at its sole cost and expense, shall take good care of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord Subtenant shall keep the Building Subleased Premises and Building Equipment appurtenances in good order and repair repair; shall keep the Subleased Premises and appurtenances in a wholesome condition without charge or expense to Sublandlord; shall operate pay for all damages to the Building as a first-class office building. Landlordwell as damages to the tenants or occupants thereof caused by any waste, at misuse or neglect of said Subleased Premises, its sole cost apparatus or appurtenances; and expense, shall not make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required nor allow to be made by Tenant pursuant any change, alteration or addition, in, upon or to Section 11.1 said Subleased Premises without the written consent of Sublandlord and any other terms Primary Landlord for that purpose first had and obtained. Upon the expiration or earlier termination of this LeaseSubtenant's right to possession of the Subleased Premises, Subtenant shall surrender to Sublandlord the Subleased Premises in as good condition and repair as on the Commencement Date, reasonable wear and tear excepted, and all alterations, fixtures (bother than Subtenant's trade fixtures) repairs of Tenant’s Property or Improvements not occasioned and improvements shall remain with, and become the property of, Sublandlord unless Subtenant is directed by Landlord’s negligence, Notwithstanding anything contained herein Sublandlord in writing to remove the same prior to the contraryexpiration or termination of Subtenant's right to possession of the Subleased Premises. If Subtenant fails to leave the Subleased Premises in such condition, Landlord then Sublandlord shall have no liability the right to Tenant under this Section unless repair and until 30 days after receipt of written notice from Tenant of restore the specific repair required same to be made such condition and Subtenant shall reimburse Sublandlord for the cost thereof plus fifteen percent (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter15%). 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 2 contracts

Sources: Sublease Agreement (Privatebancorp Inc), Sublease Agreement (Privatebancorp Inc)

Repairs. 11.1 Tenant7.01. Tenant shall, at its sole cost and expense, shall take good care be responsible for the maintenance and repair of the Demised Premises (including all bathrooms and other sanitary facilities located therein), 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 fixtures and Building Equipment 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 or by the use of the Demised Premises in a manner contrary to the purposes for which same are leased to Tenant’s Property consistent with the operation of a first-class office building, in which case Tenant shall be so obligated). Tenant shall pay to Landlordkeep all glass, promptly upon demandincluding windows, all costs doors and expenses incurred by Landlord skylights, clean and in connection good condition and repair and Tenant shall replace any glass that may be damaged with all repairs, replacements glass of the same kind and alterations quality. All damage or injury to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the Property caused by Tenant moving of Tenant’s Property or Improvements property in or out of the Building or the Premisesby installation or removal of furniture, (iii) 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 (except fire fixtures or other casualty caused by Tenant’s negligenceproperty, if the fire shall be repaired, restored or other casualty insurance policies insuring Landlord are not invalidated and the rights of Landlord are not adversely affected by this provision) or (iv) the performance replaced promptly by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agentswhich repairs, employees or contractors, shall promptly replace scratched, damaged or broken doors restorations and glass in and about the Premises and replacements shall be responsible for all repairs in quality and maintenance of wall and floor coverings in class equal to the Premisesoriginal work or installations. Tenant shall promptly and diligently make all repairs in or to the Demised Premises or the Property for which it Tenant is responsible and in responsible, provided that any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other Building systems shall be performed only by Landlord. If Tenant fails to make such repairs, restoration or replacements, 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 pursuant within ten (10) days after rendition of a ▇▇▇▇ therefor. 7.02. If the Demised Premises includes loading docks, and or related facilities, Tenant shall keep the loading docks and areas adjacent thereto and the driveways and streets within the Property leading to Section 11.1 said loading docks free of all dirt, rubbish and other obstructions arising from Tenant's use or occupancy of any such facilities or the use of such facilities by Tenant's officers, agents, employees, suppliers or invitees including independent contractors making deliveries or pick-ups from such loading docks. 7.03. Tenant shall not place a load upon any floor of the Demised Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. The floor of the Demised Premises will carry 150 pounds live load per square foot of floor space. 7.04. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be objectionable to Landlord or to any other terms tenant at the Property shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and Demised Premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building. 7.05. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability on the part of Landlord by reason of inconvenience, annoyance or injury to Tenant under this Section unless and until 30 days after receipt business arising from the making of written notice from Tenant of the specific repair required any repairs, alterations, additions or improvements in or to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction any portion of the Building or the PremisesDemised- Premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to perform the case may besame on an overtime or premium pay basis. 7.06. If Tenant shall install a supplemental air-conditioning system subject to and in accordance with the requirements of this Lease, Tenant shall maintain same in good order and condition, shall enter into a contract for the maintenance thereof with a heating, ventilating and air-conditioning contractor reasonably acceptable to Landlord and shall be consistent with the operation deliver to Landlord a copy of a first-class office buildingsuch contracts and all amendments thereto promptly after execution thereof.

Appears in 2 contracts

Sources: Office Lease (Exodus Communications Inc), Office Lease (Exodus Communications Inc)

Repairs. 11.1 Tenant7.01 Tenant shall take good care of the demised premises and the fixtures, equipment and appurtenances therein and shall, at its sole cost and expense, shall take good care of make such repairs (except as provided in this Lease and except to the Premises extent such repairs are necessitated by Landlord's negligence) to the demised premises and the Fixtures fixtures, equipment and Building Equipment appurtenances therein and Tenant’s Property consistent with as are necessitated by the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installationact, useomission, operation occupancy or existence negligence of Improvements Tenant or Tenant’s Property's employees, contractors, invitees, licensees or other occupants of the demised premises or (ii) use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Notwithstanding the foregoing, subject to the provisions of Section 9.08 hereof, Tenant shall be responsible for all damage or injury to the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or non-structural repairs, to the extent caused by or resulting from the act, omission, occupancy or negligence of Tenant or Tenant's employees, contractors, invitees, licensees or other occupants of the demised premises, shall be repaired promptly by Tenant (or by Landlord, if a structural repair), at Tenant's sole cost and expense. Except as otherwise provided in Section 9.05 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 to the extent caused by Tenant moving of Tenant’s Property or Improvements in property into or out of the Building or the Premisesby installation or removal of furniture, (iii) 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 (except fire fixtures or other casualty caused by Tenant’s negligenceproperty, if the fire shall be repaired, restored or other casualty insurance policies insuring Landlord are not invalidated and the rights of Landlord are not adversely affected by this provision) or (iv) the performance replaced promptly by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, 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 fails to make all repairs and such repairs, restoration or replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to same may be made by Landlord at the expense of Tenant pursuant to Section 11.1 and such expense shall be collectible as additional rent and shall be paid by Tenant within fifteen (15) days after rendition of a ▇▇▇▇ therefor. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows, the windows, the fire stairs, utility closets and any other terms shafts passing through the floor on which the demised premises are located are not part of the premises demised by this Lease, and (b) repairs Landlord reserves all rights to such parts of Tenant’s Property the Building. 7.02 Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry as indicated on the certificate of occupancy for the Building and which is allowed by law. 7.03 Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein heat that may be transmitted to the contraryBuilding structure or to any leased space to such a degree as to be objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall have be under no obligation to endeavor to reduce such vibration, noise, heat or cold. 7.04 Except as otherwise specifically 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 by reason of inconvenience, annoyance or injury to Tenant under this Section unless and until 30 days after receipt business arising from the making of written notice from Tenant of the specific repair required any repairs, alterations, additions or improvements in or to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction any portion of the Building or the Premisesdemised premises or in or to fixtures, appurtenances or equipment thereof. 7.05 Landlord, at its expense, shall keep and maintain the Building and its systems and facilities serving the demised premises, in good working order, condition and repair and shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the case may beBuilding or the demised premises, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease. 7.06 Notwithstanding any contrary provision contained in this Lease, in the event that a portion of or the entire demised premises is rendered untenantable due to an Abatement Event (as such term is hereinafter defined) for a period of at least seven (7) consecutive days, then, provided Tenant actually vacates (as to personnel and conduct of business) the demised premises or a portion thereof so affected during such period of untenantability, the fixed rent payable hereunder shall ▇▇▇▇▇ in proportion to the portion that is rendered untenantable for the remainder of such period of untenantability. Tenant shall provide written notice (hereinafter called the "Abatement Event Notice") of the Abatement Event on or before the second (2nd) Business Day following the day on which the Abatement Event commences, and in the event that Tenant shall fail to give the Abatement Event Notice on or before such second (2nd) Business Day, the seven (7) day period referred to in the immediately preceding sentence shall be consistent extended by one (1) day for each day following such second (2nd) Business Day until Tenant gives the Abatement Event Notice. As used herein, the term "Abatement Event" shall mean one or more of the following events or circumstances: a failure of Building services as provided for in Article 21 of this Lease, the interruption of utilities or unreasonable interference with Tenant's business caused by the operation making of a first-class office buildingthe repairs in accordance with this Article 7, provided that Tenant shall not have necessitated such repairs.

Appears in 1 contract

Sources: Sublease Agreement (Eyetech Pharmaceuticals Inc)

Repairs. 11.1 TenantA. Landlord and Tenant agree to the following arrangements concerning repairs to the Leased Premises: Landlord agrees to maintain in good condition and repair as necessary the foundations, exterior walls, exterior doors and roof of the Premises, as well as, and all exterior walkways and parking areas EXCEPT AS NOTED IN SECTION 19-B. Tenant agrees that it will make at its sole own cost and expense, shall take good care all repairs and replacements to the Leased Premises not required to be made by Landlord, including but not limited to, all interior and exterior doors, door frames, windows, plate glass and the heating, air conditioning, plumbing, and electrical systems servicing the Leased Premises. Tenant agrees to do all redecorating, remodeling, alterations and painting required by it during the term of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall Lease at its own expense; to pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations for any repairs to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) the acts, omissions, Real Estate made necessary by any negligence or misuse carelessness of Tenant or any of its subtenants agents or any of its employees or their employeespersons permitted on the Real Estate by Tenant, agents, contractors, licensees or invitees or their use or occupancy or manner of use or occupancy of and to maintain the Premises (except fire or other casualty caused by Tenant’s negligencein a safe, if the fire or other casualty insurance policies insuring Landlord are not invalidated clean, neat and the rights of Landlord are not adversely affected by this provision) or (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premisessanitary condition. Tenant shall promptly and diligently make all be entitled to no compensation for inconvenience, injury or loss of business arising from the making of any repairs in by Landlord, Tenant, or other tenants to the Premises for which it or the Real Estate. B. Tenant is responsible and liable for any cost associated with the repair needed that is caused by the Tenant, Tenant’s guests or invitees. C. The Tenant must keep the Leased Premises clean and sanitary at all times and remove all rubbish, garbage and other waste, in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under a clean, tidy and sanitary manner. D. The Tenant shall be made and performed in conformity with the provisions of Article XVcontact _Ted Ave ▇▇▇. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, ▇▇▇.▇▇▇▇_ in the event such of any repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafteror emergency. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Commercial Lease Agreement

Repairs. 11.1 TenantSection 9.1 Except for ordinary wear and tear, at its sole cost casualty and expensecondemnation and except as otherwise provided in Section 9.2, Landlord shall take good care of perform all maintenance and make all repairs and replacements to the Premises (including the Leasehold Improvements) and such costs shall be included within the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office buildingOperating Cost. Nevertheless, Tenant shall pay to Landlord the actual and reasonable cost (including a fee equal to fifteen percent (15%) of actual costs to cover Landlord's overhead and manager) for maintenance, repairs and replacements within the Premises caused or necessitated by the willful misconduct or negligence of Tenant or its agents to the extent the cost thereof is not collectible under Landlord's insurance. Amounts payable by Tenant pursuant to this Section 9.1 shall be payable on demand after receipt of an invoice therefor from Landlord. Landlord has no obligation and has made no promise to maintain, improve, repair, decorate, or paint the Premises or any part thereof, except as specifically set forth in this Lease. Landlord shall have no obligation to maintain, repair or replace any furniture, furnishings, fixtures or personal property of Tenant. LANDLORD ___________ TENANT ____________ Section 9.2 Tenant shall keep the Premises (including the Leasehold Improvements) in good order and in a safe, neat and clean condition. Except as provided in Section 10.1 or specifically consented to by Landlord, promptly upon demand, all costs and expenses incurred by Landlord Tenant shall not perform any maintenance or repair work or make any replacement in connection with all repairs, replacements and alterations or to the Premises and (including the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, Leasehold Improvements) but rather shall promptly notify Landlord of the need for which arises out of (i) such maintenance, repair or replacement so that Landlord may proceed to perform the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations same pursuant to the provisions of Section 8.29. 1. Tenant, at its sole cost In the event Landlord specifically consents to the performance of any maintenance or the making of any repairs or replacements by Tenant and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall Tenant fails to promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly commence and diligently make all pursue the performance of such maintenance or the making of such repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. replacements, then Landlord, at its sole cost and expenseoption, shall may perform such maintenance or make all such repairs and replacementsTenant shall reimburse Landlord, structural on demand after Tenant receives an invoice therefor, the actual cost thereof plus a fee equal to fifteen percent (15%) of the actual costs to cover overhead and a fee for Landlord's agent or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this manager. Section 11.2, except for (a) 9.3 All repairs required to be made by Tenant pursuant to Section 11.1 9.2 shall be performed in a good and workmanlike manner by contractors or other repair personnel selected by Tenant from an approved list of contractors and repair personnel maintained by Landlord in the Project's management office; provided, however, that neither Tenant nor its contractors or repair personnel shall be permitted to do any work affecting the Central Areas of the Building. In no event shall such work be done for Landlord's account or in a manner which allows any liens to be filed in violation of Article 11. To the extent any repairs involve the making of alterations to the Premises, Tenant shall comply with the provisions of Article 10. Section 9.4 Subject to the other terms provisions of this Lease, and (b) repairs of Lease imposing obligations regarding repair upon Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability repair all machinery and equipment necessary to provide the services of Landlord described in Article 7 (provided that Tenant under this Section unless shall pay the costs of any repair to such systems or any part thereof damaged by the negligence or willful misconduct of Tenant or Tenant's employees, customers, clients, agents, licensees and until 30 days after receipt invitees) and for repair of written notice from Tenant all portions of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair canProject which do not be effected within such 30 days period, within comprise a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction part of the Building or the Premises, as the case may be, Premises and shall be consistent with the operation of a first-class office buildingare not leased to others.

Appears in 1 contract

Sources: Lease Agreement (Teamstaff Inc)

Repairs. 11.1 (a) By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair however, partial occupancy and rent commencement will not interfere with Landlord's obligation to complete Tenant Improvements. Tenant shall, when and if needed or whenever requested by Landlord to do so, at Tenant's sole cost and expense, maintain and make repairs to the Premises and every part thereof, to keep, maintain and preserve the Premises in first class conditions, excepting ordinary wear and tear. Any such maintenance and repairs shall be performed by Landlord's contractor, or a Landlord's approved contractor or contractors. All costs and expenses incurred in such maintenance and repair shall be paid by Tenant within seven (7) days after 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 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 Building except as specifically herein set forth. (b) Anything contained in Subparagraph 15(a) above to the contrary notwithstanding, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, 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 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 provided in Paragraph 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 making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect. Notwithstanding anything to the contrary contained in Subparagraphs (a) and (b) of this Paragraph 15, Tenant shall maintain and repair at its sole cost and expense, shall take good care of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to maintenance contractors approved by Landlord, promptly upon demandall non-base building facilities, including lavatory, shower, toilet, washbasin and kitchen facilities and heating and air conditioning systems, including all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations plumbing connected to the Premises and the Fixtures said facilities or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance systems installed by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under existing in the Premises at the time of delivery of possession of the Premises to Tenant shall be made and performed in conformity with the by Landlord. The provisions of Article XV. 11.2 Landlord the immediately preceding sentence shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein apply to the contrary, basic heating and air conditioning system provided by Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant all tenants of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterBuilding. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease Agreement (Synon Corp)

Repairs. 11.1 Tenant, LESSEE shall at its sole cost cost, keep and expensemaintain the Leased Premises and appurtenances and every part thereof, (except air conditioning equipment, exterior walls and roofs, which LESSOR agrees to repair), including windows and skylights, doors, any store front and the interior for the Leased Premises, in good condition and repair and in clean arid sanitary condition and repair, free from obnoxious odors. LESSEE shall take at its sole cost, keep the Leased Premises in good care order, condition and repair and furnish all expendables (light bulbs, etc.) used in the Leased Premises during the term or extended term of the Lease. LESSEE agrees to allow access to LESSOR upon the Leased Premises for the purpose of making reasonable repairs, alterations or remodeling at reasonable times for any portion of the BUILDING and the Fixtures and Building Equipment therein and Tenant’s Property consistent waives any claim for damages for interference or interruption with the LESSEE'S operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred the premises by Landlord in connection with all reason of repairs, replacements and alterations or remodeling undertaken by LESSOR anywhere in the BUILDING. LESSOR agrees to the Premises and the Fixtures or the Building Equipment therein, whether use all reasonable diligence in completing any of such repairs, replacements alterations or remodeling. LESSEE further agrees to pay all maintenance and alterations are interior repair costs resulting from its negligence, or exteriorthe negligence of its agents or employees, structural or otherwiseas required under this paragraph. LESSEE SHALL BE RESPONSIBLE FOR ALL ELECTRICAL AND PLUMBING REPAIRS WITHIN THE INTERIOR OF LESSEE'S PREMISES AND/OR AS A RESULTOF LESSEE'S MISUSE AND/OR NEGLIGENCE. LESSOR SHALL BE RESPONSIBLE FOR ANY OTHER PLUMBING OR ELECTRICAL REPAIRS WITHIN THE WALLS OF THE PREMISES. LESSOR'S RIGHTS. In the event LESSEE fails to perform LESSEE'S obligations under this Section 12,LESSOR shall give LESSEE notice, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out compliance with Section 30 of the Building lease, of such acts as are reasonably required to fulfill LESSEE'S maintenance obligations hereunder. If LESSEE fails to commence the work within15 days after notice and diligently prosecute the work to completion, then LESSOR shall have the right (but not the obligation) to do such acts or expend such funds at the Premises, (iii) the acts, omissions, negligence or misuse expense 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 (except fire or other casualty caused LESSEE as reasonably required to perform such work. Any amount so expended 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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and LESSOR shall be responsible for all repairs and maintenance paid by LESSEE to LESSOR promptly after demand, with interest at the rate of wall and floor coverings in 10% per annum from the Premisesdate of expenditure by LESSOR. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord LESSOR shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant LESSEE for any damage to, or interference with LESSEE'S use of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Leased Premises, or inconvenience to LESSEE as the case may be, and shall be consistent with the operation a result of a first-class office buildingperforming any such work.

Appears in 1 contract

Sources: Office Lease Agreement (Nettaxi Inc)

Repairs. 11.1 Tenanta. By Lessee. Within ten (10) working days of occupying the Premises, --------- Lessee shall be deemed to have accepted the Premises as being in good and sanitary order, condition and repair and to have accepted the Premises in their condition existing as of the date of such possession, subject to all applicable laws, covenants, conditions, restrictions, easements, and other matters of public record and the Rules and Regulations from time to time promulgated by Lessor governing the use of any portion of the Project. Lessee shall further be deemed to have accepted Lessee Improvements constructed by Lessor, if any, as being completed in accordance with the plans and specifications for such improvements, excluding only the punch list items referred to in Article 4. a. above. Lessee shall at its Lessee's sole cost and expense, shall take good care keep every part of the Premises in good condition and repair, damage thereto from causes beyond the Fixtures control of Lessee (and Building Equipment therein not caused by any act or omission of Lessee or Lessee's Agents) and Tenant’s Property consistent with ordinary wear and tear excepted. If Lessee fails to maintain the operation of a first-class office building. Tenant shall pay Premises as required by this Lease, Lessor may give Lessee notice to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations do such acts as are reasonably required to so maintain the Premises and if Lessee fails to commence such work immediately in an emergency or where immediate action is required to protect the Fixtures Premises or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out any portion of the Building Project, or within ten (10) days after such notice is given under other circumstances, and diligently prosecute it to completion, then Lessor or Lessor's agents, in addition to all of the Premisesrights and remedies available hereunder or by law and without waiving any alternative remedies, (iii) shall have the actsright to enter the Premises and to do such acts and expend such funds at the expense of Lessee as are reasonably required to perform such work. Any amount so expended by Lessor shall be paid by Lessee to Lessor as additional rent, omissionsupon demand. With respect to any work performed by Lessor pursuant to this Article 11.a., Lessor shall be liable to Lessee only for physical damage caused to Lessee's personal property located within the Premises to the extent such damage is caused by Lessor's or Lessor's agents active negligence or misuse of Tenant willful misconduct. In no event shall Lessor have any liability to Lessee for any other damages, or for any of its subtenants inconvenience or any of its or their employees, agents, contractors, licensees or invitees or their interference with the use or occupancy or manner of use or occupancy of the Premises (except fire by Lessee, or other casualty caused by Tenant’s negligencefor any consequential damages, including lost profits, as a result of performing any such work. Except as specifically provided in an addendum, 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 (iv) the performance by Tenant of its obligations pursuant any, to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord Lessor shall have no liability obligation whatsoever to Tenant under this Section unless alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and until 30 days after receipt of written notice from Tenant the parties hereto affirm that Lessor has made no representations or warranty to Lessee respecting the condition of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction Premises or any part of the Building or the Premises, Project except as the case may be, and shall be consistent with the operation of a first-class office buildingspecifically set forth in this Lease.

Appears in 1 contract

Sources: Sublease (Inktomi Corp)

Repairs. 11.1 Tenant takes the Premises without any representations or warranties from Landlord about its condition, either express or implied. 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 Tenant, at its 's sole cost and expense, shall take good care keep the interior, non-structural portion of the Premises and every part thereof in good condition and repair, damage thereto from causes beyond the Fixtures reasonable control of Tenant and Building Equipment therein ordinary wear and tear excepted. However, in no event shall Tenant’s Property consistent with 's obligation to repair under this subsection extend to (1) damage caused by any defects in the operation design, construction or materials of a first-class office building. Tenant shall pay to Landlordthe Building, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to including the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, improvements installed therein by Landlord; (ii) damage caused in whole or in part by the moving negligence or willful misconduct of Tenant’s Property Landlord or Improvements in Landlord's agents, employees, invitees or out of the Building or the Premises, licensees; (iii) 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 (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 repairs covered under Operating Expenses; (iv) reasonable wear and tear, (v) conditions covered under any warranties of Landlord's contractors; or (vi) damage by fire and other casualties, or acts of governmental authorities, or acts of God and the performance by elements. Tenant of its obligations pursuant to the provisions of Section 8.2. Tenantagrees, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its Tenant's sole cost and expense, to keep carpeting and drapery in good condition and repair and to replace carpeting and drapery as wear and tear necessitates. Tenant shall make all repairs and replacements, structural upon the expiration or non-structural, exterior or interiorearly termination of this Lease surrender the Premises to Landlord in good condition., ordinary or extraordinary, necessary to comply with wear and tear and damage from causes beyond the covenant contained in this Section 11.2, except for (a) repairs required to be made by reasonable control of Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, excepted. Landlord shall have no liability 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 under this Section unless and until 30 days after receipt of written notice from Tenant respecting the condition of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of Premises or the Building or the Premisesexcept as specifically set forth by addendum hereto, as the case may be, and shall be consistent with the operation of a first-class office buildingif any.

Appears in 1 contract

Sources: Lease Agreement (Top Tier Software Inc)

Repairs. 11.1 Tenant, at its sole cost Landlord shall maintain the roof and expense, shall take good care of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out exterior walls of the Building or the Premises, (iii) 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 and the Premises in good repair, except that Tenant shall have the responsibility for the maintenance repair and replacement of all glass, doors (except fire or other casualty caused by Tenant’s negligenceinterior and exterior), if the fire or other casualty insurance policies insuring Landlord are not invalidated windows, and the rights doorways of Landlord are not adversely affected by this provision) or (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly also be responsible for repair, replacement and diligently make maintenance of any exterior walls if the necessity therefore should be the result of Tenant's negligence or the negligence of any agent, employee, or licensee of Tenant. Tenant shall keep the interior of the Premises in good repair, maintaining, where necessary, all electrical, plumbing, heating, air conditioning and other mechanical installations and systems servicing only the Premises, as well as damage to plumbing and other systems inside of the Premises if caused by the acts or omissions of Tenant, or Tenant's agents, employees, invitees or licensees inside the Premises. Tenant shall effect all such maintenance, repairs and replacements at its own expense and employing materials and labor of a kind and quality equal to the original installations. If Tenant shall fail to maintain, repair or replace equipment or other installations in or to about the Premises for which it is responsible and in any event within 30 days of receipt of written as above provided, Landlord, immediately after giving Tenant notice of the necessity therefor from Landlord. All repairs made by for such maintenance, repair or on behalf replacement may accomplish the required work and add the costs thereof to the next due rental installment(s) but Tenant shall not be liable to the Landlord for any failure to fulfill the obligations of Tenant or any person claiming through or under this paragraph until such time as the Tenant shall be made and performed notified, as aforesaid, in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant writing of the specific repair required to be made (whichrequirement therefore, in the case of an emergency, may be telephone notice confirmed in writing) orprovided however, in the event of a bona fide emergency, Landlord need not give such repair cannot be effected within notice to Tenant prior to performing such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs work. With regard to hearing and replacements made by either party shall be at least equal air conditioning systems in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as Landlord shall provide for the case may besame to be in good working order upon Tenant's occupancy of the Premises. In addition, Tenant shall maintain at Tenant's sole expense a maintenance and service contract with a reputable heating and a1r conditioning service company for the heating and air conditioning systems and provide that such service contract shall not be canceled for any reason without a ten ( l 0) day notice to Landlord, and deliver to Landlord a copy of such maintenance service contract. If Tenant fails to maintain such contract or if Tenant fails to repair, maintain or replace if caused by failure to maintain the heating and air conditioning system as needed, Landlord at its sole option may accomplish the same and b▇▇▇ the costs thereof to Tenant as Additional Rent and the failure to pay the same within thirty (30) days of submission of Invoice for the same to Tenant shall be consistent with an event of default herein. Landlord shall be responsible for the operation replacement of a first-class office buildingrequired components of the HV AC units as required, so long as Tenant maintains HVAC units to servicing requirements of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Bank of South Carolina Corp)

Repairs. 11.1 Tenant(a) By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair, and constructed in accordance with the specifications contained in Exhibit "B" of this Lease. Tenant shall keep, maintain and preserve the Premises in first class condition and repair, and shall, when and if needed, at its Tenant's sole cost and expenseexpense make all repairs to the Premises and every part thereof. Tenant shall, upon the expiration or sooner termination of the term hereof, surrender the Premises to Landlord in the same condition as when received, usual and ordinary wear and tear excepted. Landlord shall take good care have no obligation to alter, remodel, improve, repair, decorate or paint the 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. (b) Anything contained in Section 9(a) above to the contrary notwithstanding Landlord shall repair and maintain the Fixtures structural portions of the Building, including the basic plumbing, heating, ventilating, air conditioning and Building Equipment therein electrical systems installed or furnished by landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, or omission of any duty by Tenant’s Property consistent with the operation of a first-class office building. , its agents, servant, employees or invitees, in which case Tenant shall pay to Landlord, promptly upon demandas additional rent, all costs the reasonable cost of such maintenance and expenses incurred repairs. Landlord shall not be liable for any failure to make any such repair or to perform any maintenance unless such failure shall persist for fifteen business (15) days after written notice of the need of such repairs or maintenance is given to Landlord by Tenant unless the nature of such repair or maintenance is such that it cannot be repaired in such fifteen (15) business day period, in which case Landlord in connection shall have a reasonable amount of time to conduct such repair or maintenance provided Landlord commences same within such fifteen (15) business day period and diligently pursues same to completion. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with all Tenant's business arising from the making of any repairs, replacements and alterations to the Premises and the Fixtures alteration or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements improvements in or out to any portion of the Building or the Premises, (iii) the acts, omissions, negligence Premises 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to fixtures, appliances and equipment therein. Tenant waives the Premises for which it is responsible and right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XVeffect. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Office Space Lease (Stentor Inc)

Repairs. 11.1 Tenant, at its sole cost and expense, 10.01 Tenant shall take good care of the Premises and the Fixtures fixtures and Building Equipment therein appurtenances therein, and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay make all repairs necessary to Landlordkeep them in good working order and condition, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations including structural repairs to the Premises and extent necessitated by the Fixtures act, omission or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) the acts, omissions, negligence or misuse of Tenant or any of its subtenants or any of its or their agents, employees, agents, invitees or contractors, licensees or invitees or their use or occupancy or manner of use or occupancy of the Premises (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 (iv) the performance by Tenant of its obligations pursuant subject to the provisions of Section 8.2Article 11 hereof. TenantDuring the term of this Lease, at its sole cost and expense. except where Tenant may have the necessity therefor has been occasioned by the gross negligence or willful acts use of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in any air-conditioning equipment servicing the Premises. Tenant shall promptly and diligently make all repairs in or , subject to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms 35 of this Lease, and (b) repairs shall reimburse Landlord, in accordance with Article 41 of Tenant’s Property this Lease, for electricity consumed by such equipment. The exterior walls and roofs of the Building, the mechanical rooms, service closets, shafts, areas above any hung ceiling and the windows and the portions of all window ▇▇▇▇▇ outside same are not part of the Premises demised by this Lease, and Landlord hereby reserves all rights to such parts of the Building. Tenant shall not paint, alter, drill into or Improvements not occasioned by Landlord’s negligenceotherwise change the appearance of the windows including, Notwithstanding anything contained herein to without limitation, the contrary▇▇▇▇▇, jambs, frames, sashes, and meeting rails. 10.02 Landlord shall have no liability to Tenant under this Section unless maintain and until 30 days after receipt of written notice from Tenant of repair the specific repair required to be made (whichstructural elements and the common facilities, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs equipment and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction systems of the Building or (other than the distribution portions of the Building’s systems located in the Premises) and the perimeter heating and air conditioning systems servicing the Premises. Notwithstanding anything to the contrary contained herein, as the case may be, and Landlord’s aforesaid obligation shall be consistent with performed at the operation expense of a first-class office buildingTenant to the extent that the need for same arises out of the negligence or willful misconduct of Tenant, its employees, agents or invitees, or Tenant's breach of the terms, covenants or conditions of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Delcath Systems Inc)

Repairs. 11.1 9.01 Landlord shall keep and maintain the roof and exterior walls of the buildings presently located on the Premises exclusive of doors, door frames, door checks, windows, and exclusive of window frames located in exterior building walls, in good condition and repair, reasonable wear and tear and loss or damage due to the act or negligence of Tenant, at its sole cost agents, employees, invitees, licensees, or contractors excepted. Landlord's repairs shall be made within a reasonable time (depending on the nature of the repair) after receiving notice or having actual knowledge of the need for such repair. Landlord shall not be obligated to make any other improvements or repairs of any kind or nature upon the Premises. Without limiting the generality of the foregoing, Landlord has made no promise to Tenant to alter, remodel, improve, repair, decorate or clean the Premises or any part thereof and expense, shall take good care no representations respecting the condition of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. have been made to Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Landlord except to the extent expressly set forth in this Lease and Tenant or any person claiming through or under hereby acknowledges that Tenant shall be made has inspected the Premises and performed in conformity with accepts the provisions of Article XVPremises "AS IS. 11.2 " Notwithstanding the foregoing, prior to the Commencement Date, Landlord shall keep repair the Building heating, ventilating and Building Equipment air conditioning unit so that it is in good order and repair and shall operate the Building as a first-class office building. Landlordworking order, at its Landlord's sole cost and expense. 9.02 Except as expressly provided in Section 9.01, Tenant shall, from and after the date hereof, maintain the Premises in good condition and repair except for normal wear and tear and casualty damage (including replacement of parts and equipment, if necessary) and any and all appurtenances thereto where ever located, including, but without limitation, the exterior and interior portion of all doors, door checks, windows, plate glass, all plumbing and sewage facilities within the Premises, including free flow to the main sewer line, grease traps, hair traps, fixtures, heating and air conditioning and electrical systems, sprinkler systems, walls, floors and ceilings. The plumbing and sewage facilities serving the Premises shall make not be used for any purpose other than for which they are constructed, nor shall Tenant introduce any matter therein which results in blocking such facilities. Tenant shall also pay all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply other expenses in connection with the covenant contained maintenance of the Premises, including repair and upkeep of grounds, sidewalks, driveways and parking areas in accordance with the standard required under this Section 11.2, except for (a) repairs required 9.02. 9.03 Notwithstanding anything to be made by Tenant pursuant to Section 11.1 and any other terms of the contrary set forth in this Lease, prior to the Commencement Date, Tenant shall have the parking areas and (b) repairs of Tenant’s Property or Improvements not occasioned driveways repaired, seal coated and stripped by a contractor approved by Landlord’s negligence. Upon completion thereof, Notwithstanding anything contained herein Tenant shall submit an itemized bill from the contractor to the contrary, Landlord and Landlord shall have no liability to reimburse Tenant under this Section unless and until 30 days after receipt of written notice from Tenant for one-half (1 /2) of the specific repair required cost for such work up to be made a maximum of Five Thousand Dollars (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter$5,000.00). 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Net Lease (Asset Acceptance Capital Corp)

Repairs. 11.1 TenantSubject to the provisions of Article 50 of the Rider annexed hereto, at its sole cost Owner shall maintain and expenserepair the exterior of and the public portions of the building. Tenant shall, shall throughout the term of this lease, take good care of the Premises demised premises including the bathrooms and lavatory facilities the Fixtures windows and Building Equipment window frames and, the fixtures and appurtenances therein and at Tenant’s Property consistent with 's sole cost and expense promptly make all repairs thereto and to the operation building, whether structural or non-structural in nature, caused by or resulting from the carelessness, omission, neglect or improper conduct of a first-class office buildingTenant, 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 lease, including Article 6. Tenant shall pay to Landlord, promptly upon demand, also repair all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations damage to the Premises building and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) demised premises caused by the moving of Tenant’s Property 's fixtures, furniture or Improvements in equipment. All the aforesaid repairs shall be of quality or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant class equal to the provisions of Section 8.2original work or construction. TenantIf Tenant fails, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlordafter ten days notice, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently to proceed with due diligence to make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) 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 ▇▇▇▇ or statement therefor. If the demised premises be or become infested with vermin, Tenant pursuant shall, at its expense, cause the same to Section 11.1 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 the 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 other terms repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. The provisions of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein Article 4 with respect to the contrary, Landlord making of repairs shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, not apply in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterfire or other casualty with regard to which Article 9 hereof shall apply. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease Agreement (Logimetrics Inc)

Repairs. 11.1 Tenanta. 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 its Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, damage thereto from ordinary wear and tear excepted. Tenant shall take upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good care condition, ordinary wear and tear 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. b. Notwithstanding the provisions of subparagraph (a) above, Landlord shall repair and maintain the Fixtures basic plumbing, air conditioning, heating, and Building Equipment therein electrical systems, installed or furnished by Landlord, unless the need for such maintenance and repairs is caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant’s Property consistent with the operation of a first-class office building. , its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the 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. Landlord shall in no event be liable for any injury or for any damage or interference with Tenant’s business, or for any consequential damage of any nature whatsoever arising out of Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all ’s failure to make required repairs, replacements and alterations Tenant’s sole remedy shall be an abatement or partial abatement of rent as appropriate for the period representing the time during which Landlord’s failure to have made repairs was unreasonable. Except as provided in paragraph 17 hereof, there shall be no abatement of rent for any injury, or for any damage or interference with Tenant’s business arising from the Premises and the Fixtures or the Building Equipment therein, whether such making of any repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements improvements in or out to any portion of the Building or the Premises, (iii) the acts, omissions, negligence Premises 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to fixtures, appurtenances and equipment therein. Tenant waives the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All right to make repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligenceexpense under any law, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, statute or ordinance now or hereafter in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereaftereffect. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease Agreement (Guidance Software, Inc.)

Repairs. 11.1 Tenant7.01. Tenant shall, at its sole cost and expense, shall take good care be responsible for the maintenance and repair of the Premises demised premises (including all bathrooms and other sanitary facilities located therein), 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 fixtures and Building Equipment 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 Property consistent with obligation under this Lease or by the operation use of the demised premises in a first-class office buildingmanner contrary to the purposes for which same are leased to Tenant, in which case Tenant shall be so obligated). Tenant shall pay to Landlordkeep all glass, promptly upon demandincluding windows, all costs doors and expenses incurred skylights, clean and in good condition and repair and Tenant shall 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 Landlord in connection with all repairs, replacements and alterations an act of Tenant. All damage or injury to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the Property caused by Tenant moving of Tenant’s Property or Improvements property in or out of the Building or the Premisesby installation or removal of furniture, (iii) 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 (except fire fixtures or other casualty caused by Tenant’s negligenceproperty, if the fire shall be repaired, restored or other casualty insurance policies insuring Landlord are not invalidated and the rights of Landlord are not adversely affected by this provision) or (iv) the performance replaced promptly by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agentswhich repairs, employees or contractors, shall promptly replace scratched, damaged or broken doors restorations and glass in and about the Premises and replacements shall be responsible for all repairs in quality and maintenance of wall and floor coverings in class equal to the Premisesoriginal work or installations. Tenant shall promptly and diligently make all repairs in or to the Premises demised premises or the Property for which it Tenant is responsible and in responsible, provided that any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) 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 date hereof, the Building systems which service the demised premises, including the mechanical, electrical, sanitary, heating, ventilating and air-conditioning Building systems which service the demised premises, are in good working order and condition. Tenant shall not be responsible for any existing violations of the current provisions of Legal Requirements, including the Americans with Disabilities Act. 7.02. If Tenant fails to make such repairs, restoration or replacements, 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 pursuant within thirty (30) days after rendition of a ▇▇▇▇ therefor. 7.03. If the demised premises includes loading docks, and or related facilities, Tenant shall keep the loading docks and areas adjacent thereto and the driveways and streets within the Property leading to Section 11.1 said loading docks free of all dirt, rubbish and other obstructions arising from Tenant’s use or occupancy of any such facilities or the use of such facilities by Tenant’s officers, agents, employees, suppliers or invitees including independent contractors making deliveries or pick-ups from such loading docks. 7.04. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. 7.05. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other terms tenant at the Property shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building. 7.06. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability on the part of Landlord by reason of inconvenience, annoyance or injury to Tenant under this Section unless and until 30 days after receipt business arising from the making of written notice from Tenant of the specific repair required any repairs, alterations, additions or improvements in or to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction any portion of the Building or the Premisesdemised premises or in or to fixtures, appurtenances or equipment thereof. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant’s business operations, but shall not be required to perform the case may besame on an overtime or premium pay basis. 7.07. If Tenant shall install a supplemental air-conditioning system subject to and in accordance with the requirements of this Lease, Tenant shall maintain same in good order and condition, shall enter into a contract for the maintenance thereof with a heating, ventilating and air-conditioning contractor reasonably acceptable to Landlord and shall deliver to Landlord a copy of such contracts and all amendments thereto promptly after execution thereof. 7.08. Notwithstanding anything to the contrary provided in this Lease, if: (I) the demised premises are rendered untenantable in whole or in part, for a period of ten (10) consecutive days, due to (a) the interruption of services as required by Article 21, (b) Landlord’s failure to make repairs as required by this Lease or (c) Landlord’s making of repairs, replacements or additions (other than those made with Tenant’s consent or caused by wrongful or negligent acts or omissions by Tenant, or Tenant’s agents, servants, visitors or licensees), except if such untenantability results from (i) Force Majeure Causes, subject to Article 34, or (ii) events caused by the wrongful or negligent acts or omissions by Tenant, or Tenant’s agents, servants, visitors or licensees, and (II) Tenant promptly vacates, for the full untenantability period, either the entire demised premises, if they are wholly untenantable, or the entire untenantable part of the demised premises, if less than all of the demised premises are untenantable, then, in that case, there shall be consistent with a proportionate abatement of basic annual rent from and after said tenth (10th) consecutive day (after Tenant shall have vacated either the operation entire demised premises, if they are wholly untenantable, or the entire untenantable part of the demised premises, if less than all of the demised premises are untenantable) and continuing for the period of such untenantability. As a first-class office building.condition to Tenant’s entitlement to any such abatement under this

Appears in 1 contract

Sources: Office Lease (Optimer Pharmaceuticals Inc)

Repairs. 11.1 Tenant(a) Landlord shall maintain in good order and repair, at subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its sole cost and expenseagents, 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 make any repairs or improvements to the Premises except structural repairs. (b) Tenant covenants and agrees that it will take good care of the Premises and all alterations, additions and improvements thereto and will keep and maintain the Fixtures same in good condition and Building Equipment therein repair, except for normal wear and Tenant’s Property consistent with the operation of a first-class office buildingtear. Tenant shall pay at once report, in writing, to LandlordLandlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, promptly upon demand, Tenant hereby waives all costs and expenses incurred by rights to make repairs at the expense of Landlord or in connection with all repairs, replacements and alterations lieu thereof to vacate the Premises as may be provided by any law, 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 Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) the acts, omissions, negligence or misuse of Tenant Premises 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2part thereof, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 as specifically and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained expressly herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterset forth. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease Agreement (Focal Communications Corp)

Repairs. 11.1 (a) By entry hereunder, Tenant accepts the Premises as being in good order, condition and repair. Tenant shall, when and if needed or whenever reasonably requested by Landlord to do so, maintain and make repairs to the Premises and every part thereof, to keep, maintain and preserve the Premises in first class condition, excepting ordinary wear and tear. Tenant shall upon the expiration or sooner termination of the Term hereof surrender the Premises to Landlord in the same condition received, ordinary wear and tear 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 Building except as specifically herein set forth. (b) Anything contained in the Subsection above to the contrary notwithstanding, Landlord shall repair and maintain the structural portions of the Building, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or the omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Tenant shall maintain and repair at its sole cost and expense, shall take good care of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to maintenance contractors approved by Landlord, promptly upon demandall Premises facilities, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance installed by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under existing in the Premises at the time of the delivery of possession of the Premises to Tenant by Landlord. The provisions of the preceding sentence of this Subsection shall not apply to the electrical, plumbing and HVAC systems provided by Landlord to Tenant, which maintenance and repair shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant responsibility of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterLandlord. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Office Lease (Midwest Banc Holdings Inc)

Repairs. 11.1 Tenant, at its sole cost (a) Landlord’s obligation with respect to repair and expense, maintenance (which shall take good care of the Premises be conducted in a first class manner and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-otherwise comparable to other first class office building. Tenant buildings similar in size and tenant mix in Washington, D.C.) as part of Basic Services shall pay be limited to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installationstructural portions of the Building, use, operation or existence of Improvements or Tenant’s Propertyincluding the parking garage, (ii) the moving of Tenant’s Property or Improvements in or out exterior walls of the Building or the PremisesBuilding, including, without limitation, glass and glazing, (iii) the actsroof, omissions(iv) mechanical, negligence electrical, plumbing, HVAC, utility, life safety and security systems, pipes, risers and conduits (except for any lavatory, shower, toilet, wash basin and kitchen facilities that serve Tenant exclusively and are not part of the core on each floor, and any supplemental heating and air conditioning systems (including all plumbing connected to said facilities or misuse systems), (v) all Building standard lavatories, and (vi) 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 (but in any event Landlord shall initiate repairs within seven (7) days of Landlord’s receipt of such notice) following the receipt by Landlord of such notice. The foregoing notwithstanding: (i) Landlord shall not be required to repair damage to any of the foregoing to the extent caused by the acts or omissions 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, 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 promptly replace scratchedbe governed by the provisions of Paragraph 9. Except as expressly provided in Paragraph 9 of this Lease, damaged there shall be no abatement of Rent and no liability of Landlord by reason of any injury to or broken doors interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, the Building or the Project except to the extent all or a portion of Tenant’s office is inaccessible or unusable or there is an interruption of services for greater than three (3) consecutive business days after the Landlord has knowledge of the interruption of services, and glass Tenant is unable to conduct its business in and about the affected portion of the Premises due to the interruption of services. (b) Tenant, at its expense, (i) shall keep the Premises and all fixtures contained therein in a safe, clean and neat condition, except for ordinary wear and tear, and (ii) shall bear the cost of maintenance and repair of all facilities which are not expressly required to be responsible for all repairs maintained or repaired by Landlord and maintenance of wall and floor coverings which are located in the Premises. , including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities that serve Tenant shall promptly exclusively and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice are not part of the necessity therefor from Landlord. All repairs made core on each floor, and supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant or any person claiming through or under existing in the Premises at the time of Landlord’s delivery of the Premises to Tenant). Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs Premises not required to be made by Landlord under subparagraph (a) above with replacements of any materials to be made by use of materials of equal or better quality. If Tenant pursuant fails to Section 11.1 make such repairs or replacements within thirty (30) days after written notice from Landlord, Landlord may at its option make such repairs or replacements, and any other terms Tenant shall upon demand pay Landlord for the reasonable out-of-pocket cost thereof. (c) Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in a safe, clean and (bneat condition, normal wear and tear excepted, except as provided in Paragraph 9. Subject to Paragraph 4(c) repairs of Tenant’s Property or Improvements not occasioned this Lease, Tenant shall remove from the Premises all trade fixtures, furnishings and other personal property of Tenant and shall repair all damage caused by Landlord’s negligencesuch removal, Notwithstanding anything contained herein and shall restore the Premises to the contraryits original condition, reasonable wear and tear excepted. In addition to all other rights Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) orhave, in the event Tenant does not so remove any such repair cannot be effected fixtures, furnishings or personal property at the end of the Lease Term (or within such 30 thirty (30) days periodafter Tenant’s receipt of notice of an Event of Default and Landlord’s notification to Tenant of its election to retake possession of the Premises), within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party Tenant shall be at least equal deemed to have abandoned the same, in quality of workmanship and material to which case Landlord may appropriate the quality of workmanship and material found in the original construction same for itself, dispose of the Building or same, and/or sell the Premises, as the case may be, and shall be consistent with the operation of a first-class office buildingsame in its discretion.

Appears in 1 contract

Sources: Office Lease (Carlyle Group L.P.)

Repairs. 11.1 (a) By entry hereunder, Tenant accepts the Premises as being in good order, condition and repair. Tenant shall, when and if needed or whenever reasonably requested by Landlord to do so, maintain and make repairs to the Premises and every part thereof, to keep, maintain and preserve the Premises in first class condition, excepting ordinary wear and tear. Tenant shall upon the expiration or sooner termination of the Term hereof surrender the Premises to Landlord in the same condition received, ordinary wear and tear 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 except as specifically herein set forth. (b) Anything contained in the Subsection above to the contrary notwithstanding, Landlord shall repair and maintain the structural portions of the Building, including the roof, exterior walls, foundation, exterior light bulbs and globes, exterior landscaping and heating, ventilating, air-conditioning systems installed or furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or the omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Tenant shall maintain and repair at its sole cost and expense, shall take good care of the all Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlordfacilities, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance installed by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under existing in the Premises at the time of the delivery of possession of the Premises to Tenant by Landlord. The provisions of the preceding sentence of this Subsection shall not apply to the HVAC systems provided by Landlord to Tenant, which maintenance and repair shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant responsibility of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterLandlord. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease Agreement (Midwest Banc Holdings Inc)

Repairs. 11.1 a. Subject to Tenant's right to inspect the Premises prior to occupancy thereof and submit a "Punch List" to Landlord in accordance with Paragraph 32 of this Lease, 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 its Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and 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 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 take good care 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. b. Landlord shall repair and maintain the Fixtures structural portions of the Building, including the roof, basic plumbing, air conditioning, heating, and Building Equipment therein electrical and sprinkler 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’s Property consistent with the operation of a first-class office building. , its agents, servants, employees or invitees, in which case Tenant shall pay to LandlordLandlord the reasonable cost of such maintenance and repairs. The cost of all such repairs (except repairs of structural defects) shall be included in Operating Expenses as provided in Article 7 hereof. 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 provided in Article 22 hereof, promptly upon demand, all costs there shall be no abatement of rent and expenses incurred no liability of Landlord by Landlord in connection reason of any injury to or interference with all Tenant's business arising from the making of any repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements improvements in or out to any portion of the Building or the Premises, (iii) the acts, omissions, negligence Premises 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible fixtures, appurtenances and in any event within 30 days of receipt of written notice of the necessity therefor from Landlordequipment therein. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, Except in the case event of an emergency, may be telephone notice confirmed Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereaftereffect. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease Agreement (Vstream Inc /Co)

Repairs. 11.1 If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment, and subject to all other terms of this Article, restore the Premises, the Common Areas and the portions of the Project serving the Premises and Tenant shall assign to Landlord all insurance proceeds payable to Tenant as to the Tenant Improvements and any Alterations to be used solely for restoring such Tenant Improvements and Alterations (and not the Building or Project in general); provided that if the cost of the restoration of the Tenant Improvements and any Alterations by Landlord exceeds the amount of Tenant’s insurance proceeds therefor, as assigned by Tenant to Landlord, such excess shall be paid by Tenant (“Tenant’s Contribution”) to Landlord prior to Landlord’s restoration thereof. Notwithstanding the foregoing, Tenant may elect to modify or otherwise reduce the scope of such Tenant Improvements or Alterations so as to minimize any Tenant’s Contribution. Subject to the foregoing, such restoration shall be to substantially the same condition of such items as prior to the casualty, except for modifications (a) required by Law; or (b) to the Common Areas reasonably deemed desirable by Landlord, and which are consistent with the character of the Project. No such modifications shall materially impair use of or access to the Premises and any Common Areas serving the Premises. Tenant shall be responsible, at its sole cost and expense, for the repair, restoration, and replacement of Tenant’s Property. Landlord shall take good care not be liable for any loss of business, inconvenience, or annoyance arising from any casualty or any repair or restoration of any portion of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out Project as a result of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) the acts, omissions, negligence or misuse of Tenant or any of its subtenants or damage from 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlordcasualty. All repairs made work by or on behalf of Tenant or any person claiming through or under Tenant shall be made subject to the terms and performed in conformity with the provisions conditions of Article XV11. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Office Lease (Shockwave Medical, Inc.)

Repairs. 11.1 TenantTenant shall, at its sole cost and Tenant’s own expense, shall take keep the Leased Premises in good care of order, repair and condition at all times during the Premises Term, and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently adequately repair all damage to the Leased Premises and replace or repair all damaged or broken fixtures and appurtenances under the supervision and subject to the approval of Landlord within any reasonable period of time specified by Landlord. In addition, Tenant shall, at Tenant’s expense, make all repairs, installations and additions to the Leased Premises as may be required by any law, ordinance, regulation or ruling of any governmental authority having jurisdiction over the Leased Premises. If Tenant does not do so, Landlord may, but need not, make any repairs, replacements, installations, and additions which Tenant is obligated to make and Tenant shall pay Landlord the cost thereof, 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 in 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 to make such repairs, installations, alterations, improvements and additions to the Leased Premises or to the Premises for which it is responsible and Building or to any equipment located in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterdesire or deem necessary. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease Agreement (Stockeryale Inc)

Repairs. 11.1 Tenant(a) At its cost (which cost shall be an Operating Cost under Section 5 above), Landlord shall make all repairs necessary to maintain the plumbing, heating, ventilating, air conditioning and electrical systems serving the Premises, windows, floors (except carpeting) and all other structural portions of the Premises, provided, however, that Landlord shall not be obligated to make any of such repairs until Landlord has received written notice from Tenant that such repair is needed. Landlord shall be responsible for the maintenance and repair of all common areas and facilities in the Building provided that Tenant shall be responsible for the repair of any damage to the Premises or the Building common areas and facilities caused by the negligence or willful misconduct of Tenant or its agents, servants, employees, invitees, licensees, subtenants, or contractors. (b) Except for Landlord's repairs under subsection (a) above, at its sole cost and expense, Tenant shall take good care of make all other repairs necessary to maintain and keep the Premises and the Fixtures fixtures therein in neat and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office buildingorderly condition. If Tenant shall pay refuses or neglects to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether make such repairs, replacements and alterations are interior or exteriorfails to diligently prosecute the same to completion, structural or otherwise, ordinary or extraordinary, after written notice from Landlord of the need for which arises out therefor, Landlord may make such repairs at the expense of (i) Tenant and such expense, along with a 15% service charge, shall be collectible as Additional Rent. At Tenant's expense, Landlord shall make all repairs to the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements light fixtures in or out of the Building or the Premises, including installation of replacement bulbs and ballasts. (iiic) Landlord shall not be liable for any interference with Tenant's business arising from the actsmaking of any repairs in the Premises under subsection (a) above. Landlord shall interfere as little as reasonably practicable with the conduct of Tenant's business. No such repairs by Landlord shall ever be construed as an eviction, omissionsactual or constructive, negligence of Tenant, nor shall same cause any abatement of Base Rent or misuse Additional Rent or in any manner or for any purpose relieve Tenant from any of its obligations under this Lease unless Tenant is unable to use the Premises for the regular conduct of its business for more than five (5) consecutive business days. In such event and provided (1) Tenant or any of its subtenants employees, agents or any contractors did not cause the need for repairs and (2) Tenant provided Landlord with prompt notice of its or their employees, agents, contractors, licensees or invitees or their inability to use or occupancy or manner of use or occupancy of the Premises (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, Base Rent and Additional Rent shall be consistent with the operation of abated on a first-class office buildingdaily basis until occupancy is restored.

Appears in 1 contract

Sources: Office Lease (Cdnow N2k Inc)

Repairs. 11.1 Tenant(a) Tenant shall maintain and preserve the Premises in good condition, reasonable wear and tear excepted, and shall, when and if needed, at its Tenant's sole cost and expensecost, shall take good care of make all repairs to the Premises and every part thereof, including, without limitation, the Fixtures interior surfaces of the ceilings, walls and floors, all doors, all interior windows, all non- standard plumbing, pipes, electrical wiring, light fixtures and bulbs, switches, furnishings, signs and special items and equipment installed by or at the expense of Tenant. Except as specifically set forth in this Lease, Tenant and Landlord affirm that Landlord has made no representations to Tenant respecting the condition of the Premises, the Building, the Common Areas, or the Project and Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. Except as provided in Addendas #59, #61 and #62 (b) Anything contained in Paragraph 15 (a) to the contrary notwithstanding, Landlord shall repair and maintain the structural portions of the Building Equipment therein and the building-standard plumbing, heating, ventilating, air conditioning, elevator and electrical systems, unless such maintenance and repairs are required in part or in whole by the act, neglect or omission of Tenant’s Property consistent with the operation of a first-class office building. , its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord, promptly upon demandas additional rent, all costs the reasonable cost of such maintenance and expenses incurred 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 provided in Paragraph 23, there shall be no abatement of rent and no liability of Landlord in connection by reason of any injury to or interference with all Tenant's business arising from the making of any repairs, replacements alterations or improvements in or to any portion of the Building, the Premises, the Common Areas, or the Project or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations to or decorations except as otherwise expressly provided under this Lease. (c) As between Landlord and Tenant, Landlord is recognized as the owner of telephone cable and related wiring serving the Premises (the "TELEPHONE CABLE") and situated in the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) the acts, omissions, negligence or misuse of Common Areas. 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and the maintenance of wall and floor coverings in all Telephone Cable within the Premises. Tenant shall promptly and diligently make all repairs in or Tenant's access to the Premises Common Areas for which it the purposes of installing and maintaining the Telephone Cable is conditioned upon Landlord's approval of Tenant's telephone service contract and appropriate insurance policies being obtained by the entity installing the Telephone Cable. Landlord shall not be responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to for interruption in or failures of telephone service. Tenant under this Section unless shall abide by all reasonable, written and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs nondiscriminatory rules and replacements made regulations hereafter promulgated by either party shall be at least equal in quality of workmanship and material Landlord regarding access to the quality of workmanship Telephone Cable. Tenant shall indemnify, defend and material found hold Landlord harmless from and against any and all claims, losses, liabilities, costs and expenses, including, without limitation, actual attorneys' fees, incurred by Landlord and related to Tenant's access to or work in the original construction of the Building or the Premises, as the case may be, and shall be consistent connection with the operation of a first-class office buildingTelephone Cable.

Appears in 1 contract

Sources: Office Building Lease (Prosoft I Net Solutions Inc)

Repairs. 11.1 Tenant, at its sole cost and expense, shall take good care of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and 14.0.1 Lessor shall be responsible for all repairs repair to the roof, exterior, foundation and maintenance structural portions of wall and floor coverings in the Premisesbuilding not a result of any action or negligence on the part of the Tenant. The Lessor shall repair any roof leaks within seven (7) days after receipt of notice from Tenant to Lessor. 14.0.2 Tenant shall promptly keep and diligently make all repairs in or to maintain the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made every part thereof clean and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair condition and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacementsreplacements thereto and to each and every part thereof which may be necessary, structural required or non-structuraldesired. Without limiting the generality of the foregoing, exterior Lessor shall establish a capital reserve account into which Lessor shall deposit $.50 per square foot of Tenants rent into said account. The capital reserve account shall be utilized in the sole discretion of Lessor to maintain or interiorreplace the heating, ordinary or extraordinaryventilating, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and air conditioning system and any other terms of this Leasecapital improvements to the Platinum Plaza Building or Common areas. 14.0.3 Tenant shall install and replace such signs, decorations, lettering, advertising matter and other things as may be approved by Lessor, said approval not to be unreasonably withheld, and keep and maintain the same in good condition and repair and in keeping with the image, character and standards as may be established from time to time by Lessor for the Premises and shall make such replacements as may be necessary. 14.0.4 In the event that Tenant shall fail, within thirty (b30) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required in writing by Lessor, to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All make repairs and or replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, the Improvements, the signs or any part thereof which may be necessary or required, Lessor may make the same and collect the costs thereof and expenses incurred in connection therewith, together with interest thereon at the then prevailing commercial rate from Tenant, by exercising all remedies provided by law and provided herein for collection of rent. 14.0.5 In the event that the portion of the Premises which Tenant has agreed to maintain, if any, shall be damaged or destroyed as the case may bea result of fire, casualty or other occurrence, Tenant shall remove any resulting debris and repair or replace such damaged structure promptly, and if Tenant fails to commence required restoration work within ninety (90) days from the date of such damage or destruction or fails to diligently proceed to complete the same, Lessor's remedy shall be consistent with the operation right and option to terminate the Term of a first-class office buildingthis Lease by giving Tenant written notice of Lessor's election to do so at any time prior to completion of the repairs or replacements if Tenant shall not then be actively undertaking such restoration work.

Appears in 1 contract

Sources: Premises Lease Agreement (Centra Financial Holdings Inc)

Repairs. 11.1 Tenant11.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 and Tenant accepts same “as is”. Tenant shall, at its Tenant’s sole cost and expense, shall take good care keep the Premises and every part thereof in substantially the same condition and repair as exists as of the Commencement Date, excepting ordinary wear and tear and Landlord’s repair obligations under the Lease. The foregoing maintenance and repair obligations of Tenant include all non-structural facilities exclusively serving the Premises, including without limitation, all interior electrical and plumbing, all telephone, computer and electronic equipment and lines, carpeting and floor coverings, wall coverings, ceilings and ceiling tiles, paint, doors, locks, and repairs required as a result of forced entry of the Premises and interior lighting and fixtures. Tenant shall also be solely responsible for the Fixtures repair and maintenance of all fixtures, furniture or equipment brought onto the Premises by Tenant. 11.b. Tenant understands that any required or requested services by Tenant (excluding normal and customary janitorial and security services to be provided by Landlord hereunder) by Building Equipment therein personnel at the Premises shall be at Landlord’s reasonable discretion and prior approval and at Tenant’s Property consistent with the operation of a first-class office buildingcost and expense. Landlord shall charge and ▇▇▇▇ Tenant for all such services, including materials, at rates determined by Landlord from time to time. Tenant shall pay for all such services promptly following receipt of Landlord’s invoice therefore. 11.c. Subject to the provisions of Section 22, Landlord shall repair and maintain the structural portions of the Building, the Common Areas, and the Parking Areas, including but not limited to main plumbing and utility lines, air conditioning, heating, and electrical systems, installed or furnished by Landlord, promptly upon demandunless such maintenance and repairs are caused in part or in whole by the negligence of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Notwithstanding the foregoing, Tenant shall be responsible for maintaining and clearing all costs sewer and expenses incurred plumbing lines connected to facilities or systems in the Premises, unless such obstructions shall occur in a building-wide main. 11.d. 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 (but in no event less than 48 hours) after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Section 22 hereof, there shall be no abatement of rent and no liability of Landlord in connection by reason of any injury to or interference with all Tenant’s business arising from the making of any repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements improvements in or out to any portion of the Building or the Premises, (iii) the acts, omissions, negligence Premises 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible fixtures, appurtenance and equipment therein. Except as provided in any event within 30 days of receipt of written notice of the necessity therefor from LandlordSection 23.d. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) Tenant waives the right to make repairs of Tenant’s Property or Improvements not occasioned by at Landlord’s negligenceexpense under any law, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, statute or ordinance now or hereafter in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereaftereffect. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Office Building Lease (ExactTarget, Inc.)

Repairs. 11.1 Tenant, at its sole cost Landlord shall maintain the Common Areas and expense, shall take good care the structural elements of the Premises Building, including the foundation, exterior walls, roof (including the roof membrane and all roofing systems), mezzanine, elevators, base Building fire and life safety, and all utility service lines to the point where same enter the Building, and the Fixtures heating, ventilating, air conditioning, electrical, plumbing and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred mechanical systems provided by Landlord in connection with all repairsthe Building, replacements and alterations to the Premises and the Fixtures cost thereof shall be included in Operating Expense; provided, however, that if any such repairs shall be occasioned by the acts or negligence of Tenant, its agents, employees, customers or invitees, or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving particular nature of Tenant’s Property or Improvements in or out use of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for the entire cost of such repairs. Except for the repairs Landlord is specifically obligated to make as set forth above, Tenant shall, at its expense, during the Lease Term, make all other necessary repairs and maintenance replacements to the Premises, including the heating, ventilating, air conditioning, electrical, plumbing and mechanical systems serving the Premises and all Tenant Finishing Work, and keep and maintain the same in good condition and repair so that at the expiration of wall the Term, the Premises shall be surrendered to Landlord in the same condition that the same are in at the commencement of the Term, ordinary wear and floor coverings tear excepted. Tenant shall replace any light bulbs, tubes and ballasts in the Premises. Tenant shall promptly be responsible for repairing any damage to the Building caused by the installation or moving of Tenant’s furniture, equipment, cabling and diligently make all repairs personal property. Tenant shall, at its expense, also repair or replace with glass of equal quality any broken or cracked plate or other glass in doors, windows and elsewhere in or adjacent to the Premises. Tenant shall not defer any repairs or replacements to the Premises for which it is responsible and in any event within 30 days of receipt of written notice by reason of the necessity therefor from Landlordanticipation of the expiration of the Term. All The surrender of the Premises upon the expiration or early termination of this Lease shall not relieve Tenant of the obligation to pay for all repairs made by or on behalf replacements to the Premises which Tenant was obligated to perform during the Lease Term, which obligation shall survive the expiration or early termination of this Lease. If Tenant or any person claiming through or under Tenant shall be made fails to perform its obligations hereunder and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. such failure continues for ten (10) days after notice thereof, Landlord, at its sole cost and expenseLandlord’s option, shall make may elect to perform all or part of the maintenance, repairs and replacementsservicing which is the obligation of the Tenant hereunder and/or the obligation of all of the other tenants of the Building with respect to the premises occupied by them, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary in which event the cost thereof shall be at Landlord’s option either billed directly to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made and paid by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property as additional rent or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, included in the case of an emergency, may be telephone notice confirmed in writing) orOperating Expense. Except as aforesaid, in the event such repair cannot be effected within such 30 days periodthat, within a reasonable timeat the request of Tenant, under the circumstancesLandlord performs any maintenance, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction or servicing of the Building or Premises which is the Premisesobligation of Tenant hereunder, as the case may be, and then Tenant shall be consistent with the operation of a first-class office buildingpay Landlord directly therefor.

Appears in 1 contract

Sources: Single Tenant Office Lease (Bridgepoint Education Inc)

Repairs. 11.1 (i) Landlord shall maintain and promptly repair the public portions of the building, both exterior and interior. 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 sole cost and expense, make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear, obsolescence and damage from the elements, fire or other casualty, excepted. Notwithstanding the foregoing, all damage or injury to the demised premises or to any other part of the building, or to its fixtures, equipment and appurtenances, whether requiring structural or non-structural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's servants, employees, invitees or licensees, shall be repaired promptly by Tenant at its sole cost and expense, shall take good care to the satisfaction of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office buildingLandlord reasonably exercised. Tenant shall pay to Landlord, promptly upon demand, also repair all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations damage to the Premises building and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) demised premises caused by the moving of Tenant’s Property 's fixtures, furniture or Improvements in equipment. All the aforesaid repairs shall be of quality or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant class equal to the provisions of Section 8.2original work or construction. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. If Tenant shall promptly and diligently fails after ten days' notice to proceed with due diligence to make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant, the same may be made by the Landlord at the expense of Tenant pursuant to Section 11.1 and the expenses thereof incurred by Landlord shall be collectible as additional rent after rendition of a bill ▇▇ statement therefor. Tenant shall give Landlord prompt notice of any other terms of this Leasedefective condition in any plumbing, heating system or electrical lines located in, servicing or passing through the demised premises and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contraryfollowing such notice, Landlord shall have 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 13 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 Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant under this Section unless and until 30 days after receipt of written or others making or failing to make any repairs, alterations, additions or (ii) Landlord reserves the right, upon reasonable prior notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, if reasonably practicable under the circumstances, thereafter. 11.3 All repairs and to stop or reduce service of any of the elevator, plumbing, heating, ventilating, air-conditioning, sanitary, sprinkler, water, power or other Property systems or cleaning or other services, if any, when necessary by reason of accident or for repairs, alterations, replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found or improvements necessary or desirable in the original construction judgment of Landlord for as long as may be reasonably required by reason thereof or by reason of strikes, accidents, laws, order or regulations or any other reason beyond the Building or the Premises, as the case may be, and shall be consistent with the operation control of a first-class office buildingLandlord.

Appears in 1 contract

Sources: Lease Agreement (PLD Telekom Inc)

Repairs. 11.1 TenantA. Concessionaire shall, at the expiration of the Term of this Agreement, make any and all repairs necessary to restore the property within the Leased Premises to its original condition, normal wear and tear excepted. B. SARAA shall not be required to make any repairs or improvements of any kind at any of the locations under this Agreement. Concessionaire shall, at its sole cost and expense, shall take good care maintain and make necessary repairs, to the Leased Premises, structural and otherwise, to the interior and exterior of all of the Premises locations, and the Fixtures fixtures and Building Equipment equipment therein and Tenantappurtenances thereto, including, but not limited to, the exterior and interior windows, doors and entrances, storefronts, signs, counters, showcases, floor structure and floor coverings, interior walls and roof, the interior surface of exterior walls, columns and partitions; provided that Concessionaire shall not be responsible for repairs of the roof, supporting beams and load bearing walls (other than the surface of such walls which shall be Concessionaire’s Property consistent responsibility) and other structural components of the Terminal which support the Leased Premises, unless such repairs are due to the acts or omissions of Concessionaire. All parts of the Leased Premises shall be painted by Concessionaire at Concessionaire’s sole expense periodically as determined by the Executive Director. C. Concessionaire may, prior to making repairs at the locations, other than repairs to its own equipment, consult with the operation of a first-class office buildingExecutive Director to determine whether SARAA wishes to make the repairs with its own personnel and charge Concessionaire its standard rates for such service including such overhead charges as shall be determined from time to time by the Executive Director. Tenant shall pay In the event SARAA elects not to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all make the repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. TenantConcessionaire may, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, proceed to do so provided, however, it agents, employees will not take any action or contractorsrefrain from any action which will cause any labor problem which will effect SARAA directly or remotely as a result of the action of Concessionaire. Any repairs made by Concessionaire or on its account, shall promptly replace scratched, damaged or broken doors be of first class quality in both materials and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlordworkmanship. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall will be made and performed in conformity with the provisions rules, regulations and ordinances prescribed from time to time by federal, state, county, or municipal authorities having jurisdiction over the location of Article XVthe work. 11.2 Landlord D. Nothing in this section shall, or shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlordbe construed to, at its sole cost and expenseimpose upon SARAA any obligation so to construct or maintain or to make repairs, shall make all repairs and replacements, structural alterations or non-structuraladditions, exterior or interior, ordinary shall create any liability for any failure so to do. E. No abatement of fees and charges shall be claimed by or extraordinary, necessary allowed to comply with Concessionaire by reason of the covenant contained exercise of any or all of the foregoing rights enumerated in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereaftersection. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Concession Lease Agreement

Repairs. 11.1 Landlord shall maintain and repair the exterior of and the public portions of the Building and all Building systems servicing the Demised Premises and shall make all structural repairs to the Building and the Demised Premises except when necessitated by the negligence of Tenant, at its sole cost and expenseagents employees, shall contractors, invitees or licensees. Tenant shall, throughout the term of this lease, take good care of the Demised Premises including the interior windows and interior window frames (and shall repair exterior windows or frames solely to the Fixtures extent that damage is caused by the negligence of Tenant or any party claiming through or under Tenant) and, the fixtures and Building Equipment appurtenances therein and at Tenant’s Property consistent with 's sole cost and expense promptly make all repairs thereto and to the operation Building except for reasonable wear and tear and damage for which Tenant is not responsible pursuant to this Lease, whether structural or non-structural in nature, only if the damage was caused by or resulting from the carelessness, omission, neglect or improper conduct of a first-class office buildingTenant, Tenant's servants, employees, invitees, or licensees. Tenant shall pay to Landlord, promptly upon demand, also repair all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations damage to the Premises Building and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) Demised Premises caused by the moving of Tenant’s Property 's fixtures, furniture or Improvements in equipment. All the aforesaid repairs shall be of quality or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant class equal to the provisions of Section 8.2original work or construction. TenantIf Tenant fails, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlordafter ten (10) days notice, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently to proceed with due diligence to make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms Tenant, the same may be made by the Landlord at the expense of this LeaseTenant, and (b) repairs the expenses thereof incurred by Landlord shall be collectible, as additional rent, after rendition of Tenant’s Property a ▇▇▇▇ or Improvements not occasioned by Landlord’s negligencestatement therefor. If the Demised Premises be or become infested with vermin, Notwithstanding anything contained herein 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 contraryDemised Premises and following such notice, Landlord shall have 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. Landlord shall use best efforts to ensure that no plumbing facilities will be constructed directly above the switch area of the Demised Premises on the 20th Floor of the Building for the duration of the term of this Lease and any renewals thereof. Except as provided in Article 27 there shall be no allowance to the Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience annoyance or injury to business arising from Landlord. Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required or others making or failing to be made (whichmake any repairs, alterations, additions or improvements in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material or to the quality of workmanship and material found in the original construction any portion of the Building or the PremisesDemised Premises or in and to the fixtures, as appurtenances or equipment thereof. The provisions of this Article 4 with respect to the making of repairs shall not apply in the case may be, and of fire or other casualty with regard to which Article 9 shall be consistent with the operation of a first-class office buildingapply.

Appears in 1 contract

Sources: Office Lease (Access Integrated Technologies Inc)

Repairs. 11.1 Tenant(a) Tenant shall keep, maintain and preserve the Premises in first-class condition and repair, and shall, when and if needed, at its Tenant’s sole cost and expense, shall take good care of make all repairs to the Premises and every part thereof, including, without limitation, the Fixtures interior surfaces of the ceilings, walls and floors, all doors, all interior windows, all non-standard plumbing, pipes, electrical wiring, light fixtures and bulbs, switches, furnishings, signs and special items and equipment installed by or at the expense of Tenant. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof. Tenant and Landlord affirm that Landlord has made no representations to Tenant respecting the condition of the Premises, the Building, the Common Areas, or the Project except as specifically set forth in this Lease. (b) Anything contained in Paragraph 15(a) to the contrary notwithstanding, Landlord shall repair and maintain the structural portions of the Building Equipment therein and the Building standard plumbing, heating, ventilating, air conditioning and electrical systems, unless such maintenance and repairs are required in part or in whole by the act, neglect or omission of Tenant’s Property consistent with the operation of a first-class office building. , its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord, promptly as additional rent, the 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 provided in Paragraph 23, 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, the Premises, the Common Areas, or the Project or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly provided under this Lease. (c) As between Landlord and Tenant, Landlord is recognized as the owner of telephone, cable, and any fiber optic wiring serving the Premises (collectively, the “Building Cable”) whether installed as of or following the Commencement Date, except as is specially installed by Tenant for development, demonstration, or testing of Tenant’s products.. Tenant shall be responsible for the maintenance of all Building Cable. Tenant’s access to the Common Areas for the purposes of installing and maintaining the Building Cable is conditioned upon demandLandlord’s approval of Tenant’s service contract and appropriate insurance policies being obtained by the entity installing the Building Cable. Landlord shall not be responsible and shall have no liability for interruption in or failures of telephone or electronic data transmission services. Tenant shall abide by all reasonable, written and nondiscriminatory rules and regulations hereafter promulgated by Landlord regarding access to the Building Cable. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, losses, liabilities, costs and expenses expenses, including, without limitation, actual attorneys’ fees, incurred by Landlord and related to Tenant’s access to or work performed in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment thereinCable. (d) Landlord shall keep in effect, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinaryas part of Operating Expenses, the need for which arises out of following maintenance and service contracts: (i) the installation, use, operation or existence of Improvements or Tenant’s Propertylandscaping, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premisesheating, ventilation and air conditioning equipment, (iii) the actsboiler, omissionsfired or unfired pressure vessels, 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenantfire sprinkler and/or standpipe and hose or other automatic fire extinguishing systems, at its sole cost including fire alarm and/or smoke detection systems, (v) roof covering and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlorddrain maintenance, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors (vii) asphalt and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Leaseparking lot maintenance, and (bviii) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to janitorial service for the contrary, Landlord shall have no liability to Tenant under this Section unless Project and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease Agreement (Path 1 Network Technologies Inc)

Repairs. 11.1 Section 11.01 Tenant, at its sole cost and expense, shall take good care of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with and the operation of a first-class office buildingFixtures. Tenant Tenant, at its sole cost and expense, shall pay to Landlord, promptly upon demand, all costs make and expenses incurred by Landlord in connection with be responsible for all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or and otherwise, ordinary or extraordinaryextraordinary 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 (ia) the installation, use, existence or operation or existence of Improvements or Improvements, Tenant’s PropertyProperty or Fixtures, (iib) the moving of Tenant’s Property or Improvements Fixtures in or out of the Building or the Premises, (iiic) the acts, omissions, negligence or misuse of Tenant or any of its subtenants or any of its or their employees, agents, contractors, licensees 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 Lease (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 (ivd) the performance by Tenant of its obligations pursuant to the provisions of Section 8.29.01A, provided, however, that Landlord, at its option, may make any of the foregoing repairs (other than repairs to Tenant’s Property) and in such event, Tenant shall pay to Landlord the cost thereof, as Additional Rent, on demand. In no event shall Tenant be required to make, be responsible for or pay for any repairs which are required as a result of the negligence of Landlord, its agents, contractors or employees. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly make, at its sole cost and diligently make expense, all repairs in or to the Premises for which it is responsible 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 in any event within 30 days of receipt of written notice expense, shall make all necessary repairs to all windows and other glass in, on or about such space and put, keep and maintain all portions of the necessity therefor from LandlordPremises and any sidewalks, curbs, entranceways, passageways and vaults adjoining and/or appurtenant to the Premises in clean and orderly 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 Tenant shall be made and performed in conformity with the provisions of Article XV10, and shall be at least equal in quality and class to the original work or installation or the then standards for the Building established by Landlord. 11.2 Section 11.02 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office buildingbuilding with retail stores. LandlordLandlord shall, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required cause to be made by Tenant pursuant all necessary repairs to Section 11.1 keep the Building in good order and any other terms of this Leaserepair excluding, and however, (ba) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligencenegligence and (b) repairs which Tenant is obligated to make pursuant to Section 11.01 and the other terms of this Lease. Landlord shall, Notwithstanding anything contained herein at Tenant’s sole cost and expense, perform all maintenance and make all necessary repairs to the contraryair conditioning equipment and any security systems or devices which may be installed in the Premises by Landlord, Tenant or others, except the building standard air conditioning system which (except as otherwise provided in Section 11.01) shall be maintained and repaired at Landlord’s sole cost and expense. Nothing contained in this Section shall require Landlord shall have no to paint the Premises. No liability of Landlord to Tenant shall, however, accrue under this Section unless and until 30 days after receipt of written Tenant has given notice from Tenant to Landlord of the specific repair required to be made (whichmade, in or of the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterfailure properly to furnish any service. 11.3 All repairs Section 11.03 Tenant recognizes and replacements made by either party shall be at least equal in quality of workmanship and material to acknowledges that the quality of workmanship and material found in the original construction operation of the Building Equipment may cause vibration, noise, heat or cold which may be transmitted throughout the Premises. Landlord shall have no obligation to endeavor to reduce such vibration, as noise, heat or cold beyond what is prevalent in the case may be, and shall be consistent with the operation of a first-class office buildingBuilding.

Appears in 1 contract

Sources: Lease Agreement (Paulson Capital Corp)

Repairs. 11.1 Tenant, at its sole cost Landlord shall maintain the roof and expense, shall take good care of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out exterior walls of the Building or the Premises, (iii) 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 and the Premises in good repair, except that Tenant shall have the responsibility for the maintenance repair and replacement of all glass, doors (except fire or other casualty caused by Tenant’s negligenceinterior and exterior), if the fire or other casualty insurance policies insuring Landlord are not invalidated windows, and the rights doorways of Landlord are not adversely affected by this provision) or (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly also be responsible for repair, replacement and diligently make maintenance of any exterior walls if the necessity therefore should be the result of Tenant’s negligence or the negligence of any agent, employee, or licensee of Tenant. Tenant shall keep the interior of the Premises in good repair, maintaining, where necessary, all electrical, plumbing, heating, air conditioning and other mechanical installations and systems servicing only the Premises, as well as damage to plumbing and other systems inside of the Premises if caused by the acts or omissions of Tenant, or Tenant’s agents, employees, invitees or licensees inside the Premises. Tenant shall effect all such maintenance, repairs and replacements at its own expense and employing materials and labor of a kind and quality equal to the original installations. If Tenant shall fail to maintain, repair or replace equipment or other installations in or to about the Premises for which it is responsible and in any event within 30 days of receipt of written as above provided, Landlord, immediately after giving Tenant notice of the necessity therefor from Landlord. All repairs made by for such maintenance, repair or on behalf replacement may accomplish the required work and add the costs thereof to the next due rental installment(s) but Tenant shall not be liable to the Landlord for any failure to fulfill the obligations of Tenant or any person claiming through or under this paragraph until such time as the Tenant shall be made and performed notified, as aforesaid, in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant writing of the specific repair required to be made (whichrequirement therefore, in the case of an emergency, may be telephone notice confirmed in writing) orprovided however, in the event of a bona fide emergency, Landlord need not give such repair cannot be effected within notice to Tenant prior to performing such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs work. With regard to heating and replacements made by either party shall be at least equal air conditioning systems in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as Landlord shall provide for the case may besame to be in good working order upon Tenant’s occupancy of the Premises. In addition, Tenant shall maintain at Tenant’s sole expense a maintenance and service contract with a reputable heating and air conditioning service company for the heating and air conditioning systems and provide that such service contract shall not be canceled for any reason without a ten (10) day notice to Landlord, and deliver to Landlord a copy of such maintenance service contract. If Tenant fails to maintain such contract or if Tenant fails to repair, maintain or replace if caused by failure to maintain the heating and air conditioning system as needed, Landlord at its sole option may accomplish the same and ▇▇▇▇ the costs thereof to Tenant as Additional Rent and the failure to pay the same within thirty (30) days of submission of Invoice for the same to Tenant shall be consistent with an event of default herein. Landlord shall be responsible for the operation replacement of a first-class office buildingrequired components of the HVAC units as required, so long as Tenant maintains HVAC units to servicing requirements of this Lease.

Appears in 1 contract

Sources: Lease Agreement

Repairs. 11.1 TenantSubject to Article X hereof, Lessee shall, during the term of this Lease, at Lessee's expense, keep the Premises in as good order, condition and repair as they were at the time Lessee took possession of the same, reasonable wear and tear and damage from fire and other casualties excepted. Lessee shall keep the Premises in a neat and sanitary condition, and Lessee shall not commit any nuisance or waste on the Premises or in, on or about the Complex, throw foreign substances in the plumbing facilities, or waste any of the utilities furnished by the Lessor. All uninsured damage or injury to the Premises or to the Complex caused by Lessee moving furniture, fixtures, equipment or other devices in or out of the Premises or the Complex or by installation or removal of furniture, fixtures, equipment, devices or other property of Lessee or its agents, contractors, servants or employees, due to carelessness, omission, neglect, improper conduct or other cause of Lessee or its servants, employees, agents, visitors or licensees, shall be repaired, restored and replaced promptly by Lessee at its sole cost and expenseexpense to the same condition as existed immediately prior to such damage. All repairs, restorations and replacements shall take good care be in quality and class equal to the original work. For the duration of the Premises term hereof, Lessee shall be obligated to maintain a maintenance contract for the mechanical equipment serving the Premises, and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation Lessee shall provide evidence of a first-class office building. Tenant shall pay said contract to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of Lessor (i) concurrently with the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out commencement of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms term of this Lease, and (bii) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord at such other times as Lessor may reasonably require. Lessor and its employees and agents shall have no liability the right to Tenant under this Section unless enter the Premises during or as a result of any emergency, or at any reasonable time or times after giving Lessee reasonable advance notice for the purpose of inspection, cleaning, repairs, altering or improving the same but nothing con- tained herein shall be construed as imposing any obligation on Lessor to make any repairs, alterations or improvements which are the obligation of Lessee. In completing such repairs, alterations and until 30 improvements, Lessor shall use commercially reasonable efforts to minimize any material adverse impact on the ability of Lessee to engage in Lessee's business in the Premises. Lessor and Lessee shall meet at least ten (10) days after receipt prior to Lessee vacating the Premises for the express purpose of written notice from Tenant conducting a joint inspection of the specific repair required Premises to determine the scope of Lessee's responsibility for repairs and restoration to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material completed prior to the quality of workmanship and material found in the original construction of the Building or Lessee vacating the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease (Papa Johns International Inc)

Repairs. 11.1 (a) Tenant shall, when and if needed or whenever requested by Landlord to do so, at Tenant's sole cost and expense, maintain and make all repairs to the Premises and every part thereof, including all interior windows and doors, to keep, maintain and preserve the Premises in good condition and repair. Tenant shall upon the expiration or sooner termination of the term hereof surrender the Premises to Landlord in the same condition as when received, less reasonable wear and tear and subject to any damages which are not the obligation of Tenant to repair pursuant to the provisions of this Lease. Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in the Premises or which exclusively serves the Premises (collectively, "CABLING"). 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 Building, except as specifically herein set forth. Tenant shall not commit or allow any waste or damage to be committed in any portion of the Premises or Building. (b) Notwithstanding Subparagraph 11(a) above, Landlord shall repair and maintain in good condition the structural portions of the Building, including the roof, basic plumbing, heating, ventilating, air conditioning, exterior windows, exterior walls of the Building, exterior doors to the Building, all plumbing in bathrooms used in common with other tenants of the Building, landscaping of the common areas of the Building, the parking facilities of the Building, electrical systems installed or furnished by Landlord (collectively, "LANDLORD REPAIRS"), 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 reasonable cost of such maintenance and repairs. Landlord shall not be liable for any such 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. Following Landlord's receipt of written notice from Tenant that a repair contemplated by this Section is required, Landlord shall use its commercially reasonable efforts to complete such repair in a timely basis as soon as possible. Except as provided in paragraph 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 making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereinafter in effect. (c) Notwithstanding anything to the contrary contained in subparagraphs (a) and (b) of this paragraph 11, Tenant shall maintain and repair, at its sole cost and expense, all non-base Building facilities, if any, including kitchen facilities and heating and air conditioning systems, and all plumbing connected to said facilities or systems, installed by Tenant or on behalf of Tenant. The provisions of this paragraph shall take good care not apply to the basic heating and air conditioning system provided by Landlord to all tenants of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation Building. (d) Notwithstanding any other provisions of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations this Lease to the Premises and the Fixtures or the Building Equipment thereincontrary, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of upon receipt of written notice (the "FIRST REPAIR NOTICE") from Tenant that Landlord Repairs are required, Landlord shall cause such repair to be made within a reasonable period of time given the circumstances but in no event later than thirty (30) days after it receives the First Repair Notice; provided, however, that if the repair is of such a nature that it cannot be completed within thirty (30) days (which fact shall be indicated in writing delivered to Tenant by Landlord), then such longer time as reasonably necessary. If Landlord fails to make the repair within the said time period, Tenant may give an additional notice (the "SECOND REPAIR NOTICE") to Landlord. If Landlord fails to commence thereafter such repair with five (5) days after receipt of the necessity therefor from LandlordSecond Repair Notice and thereafter diligently pursues said repair to completion, Tenant may perform such repair. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to this Section 11.1 shall be made by a qualified licensed contractor(s) with sufficient expertise in such matters and any other terms in accordance with all applicable laws, statutes and ordinances. Landlord shall reimburse Tenant for Tenant's actual costs incurred within ten (10) days after Landlord's receipt of a written demand from Tenant, which demand shall include supporting invoices. If Landlord disputes the need for such repair, Landlord shall deliver written notice of such disagreement to Tenant within ten (10) days after its receipt of the First Repair Notice. Notwithstanding such dispute, Tenant may cause such repair to be completed pending resolution of such dispute. The dispute shall be resolved by a mutually acceptable third party engineer, which determination shall be binding upon Landlord and Tenant; provided, however, that if the parties cannot agree on an engineer, then the dispute shall be resolved by arbitration pursuant to the commercial arbitration rules then in effect for the American Arbitration Association ("ARBITRATION"). The losing party shall pay the costs of the engineer or arbitrator, whichever is applicable. If Landlord is obligated to reimburse Tenant for the actual cost of repair and fails to do so as provided in this Section, such amount shall accrue interest at the rate of fifteen percent (15.00%) per annum until paid in full. If such amounts owing from Landlord to Tenant are not paid within thirty (30) days following the due date of such payment, Tenant shall have abatement rights as set forth in Section 29(f) of this Lease, and . (be) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant acknowledges that certain of the specific repair required Landlord Repairs may have to be made (whichon an expedited basis due to a material disruption of Tenant's business operations caused by such condition, in the case of which condition shall be referred to as an emergency, may be telephone notice confirmed in writing) or"EMERGENCY CONDITION." In this regard, in the event an Emergency Condition relating to a Landlord Repair exists, Tenant shall deliver to Landlord, by facsimile, a written notice ("EMERGENCY NOTICE") describing such repair cannot be effected within such 30 days periodEmergency Condition. The Emergency Notice shall, within a reasonable timein ten (10) point bold typed across the top, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.stating "AN EMERGENCY SITUATION EXISTS AT THE PREMISES REQUIRING YOUR 13

Appears in 1 contract

Sources: Office Building Lease (Doubleclick Inc)

Repairs. 11.1 TenantLandlord shall be responsible for maintaining and repairing the Common Areas of the Building, at its sole cost all Building Systems, the exterior of the Building, and expenseall structural aspects of the Building throughout the Term. No representations or warranties, except as contained herein or endorsed hereon, have been made to Tenant respecting the condition of the Premises. Tenant shall take good 09338.008 2450031v1 17 ActiveUS 172034323v.3 care of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to maintain the Premises and any equipment installed by Tenant that exclusively serving the Fixtures Premises (whether located in the Premises or the Building Equipment thereinCommon Areas) and make all repairs and replacements (not required to be made by Landlord) in order to preserve the Premises in good working order and condition. In addition, whether such repairsTenant shall reimburse Landlord, within thirty (30) days of written demand, for the cost of any and all repairs or replacements and alterations are interior to the Common Areas or exterior, the structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out aspects of the Building Premises necessitated or the Premises, (iii) occasioned by the acts, omissions, omissions or negligence or misuse of Tenant or any of its subtenants person claiming through or under Tenant, or any of its or their servants, employees, contractors, agents, contractorsvisitors or licensees, licensees or invitees or their by the use or occupancy or manner of use or occupancy of the Premises (except fire by Tenant or other casualty caused by any such person. Landlord shall not be liable for, and there shall be no abatement of Rent with respect to, any injury to or interference with Tenant’s negligencebusiness arising from any repairs, if the fire maintenance, alteration or other casualty insurance policies insuring Landlord are not invalidated and the rights improvement in or to any portion of Landlord are not adversely affected by this provision) or (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs , the Common Areas or the Building or in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from fixtures, appurtenances or equipment therein. Tenant hereby waives all right to make repairs at Landlord. All repairs made by or on behalf of Tenant or any person claiming through or ’s expense under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord Sections 1932(1), 1941 and 1942 of the California Civil Code (or any similar law or ordinance now or hereafter in effect), and instead, all improvements, repairs, and/or maintenance expenses incurred on the Premises shall keep be at the Building and Building Equipment in good order and repair expense of Tenant, and shall operate be considered as part of the Building consideration for leasing the Premises except as a first-class office buildingotherwise expressly provided herein. LandlordAll damages or injury done to the Premises by Tenant or by any person who may be in or upon the Premises with Tenant’s consent or at Tenant’s initiation, shall be paid for by Tenant, and Tenant shall, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms termination of this Lease, surrender the Premises to Landlord in as good condition and (b) repairs of repair as when accepted by Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless reasonable wear and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereaftertear excepted. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Standard Office Lease (Apellis Pharmaceuticals, Inc.)

Repairs. 11.1 (a) Subject to Tenant's obligations pursuant to Paragraph 2 of the Special Stipulations attached hereto or as may otherwise be agreed between Tenant and ASI, at Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Project, including the Building (except the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the negligence or otherwise of Tenant or its sole cost agents, contractors, employees, subtenants or assigns subject to normal wear and expensetear, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord promptly. Landlord shall not be required to make any non-structural repairs or improvements to the Demised Premises, other than repairs and improvements necessitated by the negligence or otherwise of Landlord or its agents, contractors or employees, subject to normal wear and tear. (b) Subject to Landlord's obligations in Section 15(a), Tenant covenants and agrees that it will take good care of the interior of Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the Fixtures same in good condition and Building Equipment therein repair, except for normal wear and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premisestear. Tenant shall promptly report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect except for any condition (not caused by Tenant) which threatens imminent injury to persons or material damage to property, or prevents Tenant's access to or use of the Demised Premises, which Tenant shall have the right to correct at Landlord's expense in the form of abatement of Rent (not to exceed Twenty Five percent (25%) of the Rent otherwise due and diligently make all repairs in payable the month or to the Premises for which it months that such abatement is responsible and in any event taken) if not corrected by Landlord within 30 two (2) business days of receipt of written after Tenant's notice of the necessity therefor from same to Landlord. All repairs Landlord has no obligation and has made by no promise to alter, remodel, improve, repair, decorate or on behalf of Tenant paint the Demised Premises or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2part thereof, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 as specifically and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained expressly herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterset forth. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease Agreement (Infocrossing Inc)

Repairs. 11.1 TenantSublessor shall deliver the Subleased Premises to Sublessee ------- with the roof water-tight and the mechanical (including, at its sole cost without limitation, the heating, ventilating and expenseair conditioning system), shall take electrical and plumbing systems and roll-up doors in good care condition and proper working order. If, during the first ninety (90) days of the Term, the Subleased Premises is not in the condition required by the preceding sentence, Sublessee shall so notify Sublessor, and the Fixtures repair shall be made at no cost to Sublessee. The parties acknowledge and Building Equipment therein agree that, except as set forth in the preceding sentence, Sublessee is subleasing the Subleased Premises on an "as is" basis, and Tenant’s Property consistent that Sublessor has made no representations or warranties with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations respect to the condition of the Subleased Premises. Sublessor shall have no obligation whatsoever to make or pay the cost of any alterations, improvements or repairs to the Subleased Premises, including, without limitation, any improvement or repair required to comply with any law, regulation, building code or ordinance (including the Americans with Disabilities Act of 1990), excluding, however, any violation of the foregoing that occurred prior to and which continues to exist on the date that Sublessee enters the Subleased Premises and for the Fixtures or purpose of constructing the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need Sublessee Improvements (for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (except fire or other casualty caused by Tenant’s negligence, if the fire or other casualty insurance policies insuring Landlord are Sublessee shall not invalidated and the rights of Landlord are be responsible). Sublessor shall not adversely affected by this provision) or (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance performance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made performed by Tenant pursuant to Section 11.1 and any other Master Lessor or Lessor under the terms of this the Master Lease or the Lease, and (b) repairs but Sublessor shall be obligated to comply with its obligations with respect to contacting Lessor as set forth in Section 18.A. below. Sublessor shall cooperate with Sublessee to provide Sublessee with the benefit of Tenant’s Property any warranties or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein service contracts that Sublessor holds applicable to the contrary, Landlord systems that Sublessee is responsible for maintaining. Sublessor shall have no liability the right, at Sublessee's cost, and upon ten (10) days' prior notice to Tenant Sublessor, to perform any reasonable or necessary repairs or maintenance required of Sublessee under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterSublessee. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Sublease (Synplicity Inc)

Repairs. 11.1 (a) Landlord shall maintain in good order and repair, and as a first class office building, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the portions of the Premises for which Tenant is responsible under Section 13(b) below and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the willful misconduct or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant, shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. 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. 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 Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein; provided, however, that in making any such repairs, alterations or improvements, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of and access to the Premises. Landlord shall not be required to make any repairs or improvements to the Premises except structural repairs which it is aware are necessary for safety and tenantability, and except that Landlord shall make repairs to all Building Systems (defined in Section 1 of the Work Letter) serving the Premises, to the extent such repairs are not necessary on account of Tenant's breach of this Lease or negligent act. This paragraph (a) shall not operate to relieve Landlord of its obligation under Section 3(b). (b) Tenant agrees that, at its sole cost and expense, shall take good care of it will keep and maintain the Premises and the Fixtures all alterations, additions and Building Equipment therein improvements thereto in good condition and Tenant’s Property consistent with the operation of a first-class office buildingrepair (i) except for normal wear and tear, and (ii) subject to casualty and condemnation. Tenant shall pay at once report, in writing, to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations any defective or dangerous condition known to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need Tenant. Tenant shall have no responsibility for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out maintaining any portion of the Building structure or the Premisessystems (including mechanical, (iiielectrical, HVAC, life safety and plumbing) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall which may be responsible for all repairs and maintenance of wall and floor coverings located in the Premises. At Landlord's option, if Tenant fails to maintain the Premises or to make such repairs within ten (10) days after written notice from Landlord that such repairs are needed, Landlord may, but need not, perform such maintenance or make such repairs, in which case Tenant shall promptly pay Landlord the cost thereof including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and diligently other costs or expenses arising from Landlord's involvement upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times (but upon not less than 24 hours' prior notice, except in the event of an emergency or otherwise approved by Tenant, to make all such repairs in and maintenance to the Premises or to the Premises for which it is responsible and Building or to any equipment located in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, Landlord shall make all repairs and replacements, structural desire or non-structural, exterior reasonably deem necessary or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. To the fullest extent permitted by law, Tenant hereby waives and releases all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises as may be made provided by Tenant pursuant to Section 11.1 any law, statute or ordinance now or hereafter in effect, including Sections 1941 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant 1942 of the specific repair required California Civil Code. Landlord has no obligation and has made no promise to be made (whichalter, in remodel, improve, repair, decorate or paint the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterPremises or any part thereof except as specifically and expressly herein set forth. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease (Digital Island Inc)

Repairs. 11.1 Tenant8.1 Landlord will make necessary repairs to the roof, at its sole cost roof structure, gutters, downspouts, exterior walls (not including glass) and expense, shall take good care foundation walls of the Premises and Shopping Center during the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) the acts, omissions, negligence or misuse of Tenant original 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms extended term of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days Lease after receipt of written receiving notice from Tenant of the specific repair required to need for said repairs and where said repairs are not in any way occasioned through the misuse or neglect of Tenant or otherwise out of the occupancy of the Store. Where such repairs are occasioned through the misuse or neglect of Tenant or otherwise arise out of the occupancy of the Store by Tenant, its employees and/or invitees, same shall be made (whichpromptly by Tenant, at its expense. 8.2 All repairs within the Store, including storefronts, plate glass, and entry doors, shall be the responsibility of Tenant. Tenant shall keep the interior of the Store together with all electrical, heating, air conditioning, and other mechanical installations and equipment used by or in connection with the Store, in good order and replacement and repair. Landlord warrants the case HVAC system for the first two years of the Lease. Tenant will not overload the electrical wiring and will not install any additional electrical wiring or plumbing unless it has first obtained Landlord’s written consent thereto, and, if such consent is given, Tenant will install them at its own cost and expense. In furtherance of the above, Tenant covenants and agrees to obtain a maintenance, repair and service contract on the HVAC system, unless such maintenance service and repair are covered by a comprehensive maintenance, replacement and repair contract through Landlord, Tenant agrees, within 4 weeks of Landlord’s request for evidence of such a contract covering units in Tenant’s store, to either; enter into an emergencyequivalent contract; or to enter into Landlord’s comprehensive contract. In the event that Tenant fails to do this, may be Landlord is hereby authorized to provide such services on Tenants units on a quarterly basis, and Tenant agrees to promptly pay Landlord’s standard contract charges for such work. 8.3 If Tenant does not proceed to make repairs imposed upon it by this Article 8 within seven (7) days after receiving written notice from Landlord, or after receiving notice by telephone notice confirmed in writing) or, in the event of emergencies, then Landlord may, at its option, enter the Store and do the things specified in said notice, without liability on the part of Landlord; and Tenant agrees to pay promptly upon demand any reasonable cost or expense incurred by Landlord in doing such repair cannot be effected within work. Landlord agrees, after written notice from Tenant, to make such 30 days period, within a reasonable time, under the circumstances, thereafterrepairs of which it is required and perform its obligations hereunder as promptly as reasonably possible. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease Agreement (Atlantic Bancshares, Inc.)

Repairs. 11.1 (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 and in the condition called for in this Lease. Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair, damage from casualty, condemnation and ordinary wear and tear excepted. Except to the extent Landlord is required to perform or pay for certain maintenance or repairs according to Sections 9(c) below, Tenant will, at Tenant's own expense and at all times during the Term, maintain and repair the Premises and Tenant's equipment, personal property and trade fixtures in the Premises, and any mechanical, plumbing or electrical equipment that exclusively serves the Premises or is installed or operated to accommodate Tenant's special requirements (such as a supplementary air conditioning unit installed to cool a computer room in the Premises), in good order and repair and in a condition that complies with all applicable laws and regulations. Tenant will also be responsible for the cost of repairing all damage to the Premises, Building or common areas (or any equipment or fixtures in or serving the same) caused by Tenant or its assignees or subtenants, or any of their respective agents, employees, contractors or invitees. If Tenant fails to make such repairs in a timely manner, any such damage may be repaired by Landlord, in which case Tenant will pay as Additional Rent to Landlord the cost of such repairs, including an amount sufficient to reimburse Landlord for overhead and supervision, within ten (10) days after the date of Landlord's invoice. Alternatively, at Landlord's option, Tenant will promptly and adequately repair all such damage under the supervision and subject to the prior reasonable approval of Landlord. All work done by Tenant or its contractors (which contractors will be subject to Landlord's reasonable approval) will be done in a first-class workmanlike manner using only grades of materials at least equal in quality to standard materials currently used in the Building and will comply with all insurance requirements and all applicable laws and regulations. (b) Tenant shall, upon the expiration or earlier termination of the term hereof or any renewal or extension thereof, surrender the Premises to the Landlord in good condition, damage from casualty, condemnation and ordinary wear and tear excepted. Except as may be specifically provided in this Lease or any addendum hereto, 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 set forth herein or in any addendum hereto. (c) Notwithstanding the provisions of Section 9(a) Landlord shall, at its sole cost and expense, shall take good care repair and maintain and make any necessary replacements to the roof, roof membrane, roof covering, concrete slab, footings, foundation, exterior walls, parking areas, sidewalks, driveways, loading areas, exterior doors and windows, flooring (except for floor coverings), sprinklers and the structural portion of the Premises Building, including the Building’s basic plumbing, air conditioning, heating and electrical systems, , unless such maintenance and repairs are caused in part or in whole by the Fixtures and Building Equipment therein and act, neglect, fault or omission of the Tenant’s Property consistent with the operation of a first-class office building. , its agents, servants, employees or invitees, in which case Tenant shall pay to LandlordLandlord the reasonable cost of such maintenance and repairs. Except as specifically provided in Section 20 hereof, promptly upon demandthere shall be no abatement of Rent and there shall be no liability of Landlord for any failure to make any repairs or to perform any maintenance, all costs and expenses incurred by Landlord in connection nor for any injury to or interference with all Tenant's business arising from the making of any repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements improvements in or out to any portion of the Building or the Premises, (iii) the acts, omissions, negligence Premises 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to fixtures, appurtenances and equipment therein. Tenant waives the Premises for which it is responsible right, under any law, statute, or ordinance now or hereafter in effect, to make repairs at Landlord's expense. (d) Landlord shall timely clean, maintain, repair, light, operate and in any event within 30 days of receipt of written notice insure the Common Areas, as needed. Maintenance services shall include snow and ice removal and repair of the necessity therefor from Landlordparking lot, as necessary. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall maintain and keep the Building and Building Equipment Common Areas in good order condition and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms costs of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party doing so shall be at least equal considered Direct Expenses in quality accordance with Section 4, unless such repairs are excluded from the definition of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office buildingDirect Expenses hereunder.

Appears in 1 contract

Sources: Office Building Lease (Aratana Therapeutics, Inc.)

Repairs. 11.1 Landlord shall maintain and repair the public portions of the Building, both exterior and interior, all Building systems and the restrooms on the eleventh (11th) floor, all in a manner consistent with comparable office buildings in the general proximity of the Building, except for repairs and maintenance required to be performed by Tenant in accordance with the terms of this Lease. 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 to the lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing and subject to the terms of Article 9C hereof, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from the carelessness, omission, neglect or improper conduct of, or Alterations made by, or any work, labor, service or equipment done for or supplied to, Tenant or any subtenant, or the installation, use or operation of any property or equipment by Tenant or any of Tenant's subtenants, agents, employees, invitees or licensees, shall be repaired promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. Subject to the terms of Article 9C hereof, Tenant also shall take good care of repair all damage to the Building and the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred caused by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property 's fixtures, furniture or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made equipment by or on behalf of Tenant Tenant, Tenant's subtenants, agents, employees, invitees or any person claiming through licensees. All the aforesaid repairs shall be of quality and class equal to the original work or under Tenant construction and shall be made and performed in conformity accordance with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building3 hereof. Landlord, at its sole cost and expense, shall If Tenant fails after ten (10) days notice to proceed with due diligence to make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant hereunder, or if Landlord elects to Section 11.1 and make any other terms of this Lease, and (b) repairs of Tenant’s Property in or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the facilities and systems thereof for which Tenant is responsible, the same may be made by Landlord, at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible by Landlord as additional rent promptly after rendition of a ▇▇▇▇ or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Premises for which Landlord may be responsible hereunder. Except as expressly provided in Articles 10 and 29 hereof, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment 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 the case may beshall be reasonably approved by Landlord. 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 substances shall be consistent deposited therein. If at any time any windows of the Premises are temporarily closed, darkened or bricked-up if required by law or related to any construction upon property adjacent to the Real Property, Landlord shall 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 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 may be reasonably necessary to minimize the operation of a firstperiod during which such windows are temporarily closed, darkened or bricked-class office buildingup, but the foregoing shall not require Landlord to engage overtime or premium-pay labor.

Appears in 1 contract

Sources: Lease Agreement (Predictive Systems Inc)

Repairs. 11.1 TenantExcept as otherwise provided in Section 10 of this Lease, and subject to the provisions of Section 9 of this Lease, Tenant shall, at its sole cost and expense, shall take good care of keep the Premises in good order, repair and tenantable condition at all times during the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office buildingTerm. Tenant shall pay to Landlord, promptly upon demand, arrange with Landlord at Tenant's sole cost and expense for the repair of all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations damages to the Premises and for the Fixtures replacement or the Building Equipment thereinrepair of all damaged or broken glass, whether such repairsfixtures and appurtenances, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need except for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) the acts, omissions, negligence or misuse exterior window glass broken through no fault 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 guests. If Tenant does not promptly make such arrangements, Landlord may, upon ten (10) days notice to Tenant (except fire or other casualty caused by Tenant’s negligencewhere Landlord in good faith determines that notice is not prudent, if the fire or other casualty insurance policies insuring Landlord are not invalidated but need not, make such repairs and replacements and the rights costs paid or incurred by Landlord for such repairs and replacements (including Landlord's overhead and profit, and the cost of Landlord are not adversely affected by this provisiongeneral conditions) or (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs deemed additional rent due and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event payable within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 10 days after receipt of a statement from Landlord. Landlord may enter the Premises at all reasonable times upon oral or written notice from to Tenant (except where Landlord in good faith determines that notice is not prudent) to make any repairs, alterations, improvements or 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, maintenance, repair, preservation or improvement of the specific repair required to be made (whichBuilding, in the case of an emergency, or as Landlord may be telephone notice confirmed in writing) or, in required or requested to do by governmental authorities. Landlord shall use reasonable efforts not to unreasonably interfere with Tenant's use of the event such repair canPremises. Such work and any resultant interruption of services and facilities shall not be effected within deemed an eviction of Tenant, and the rent shall in no way ▇▇▇▇▇, and Tenant shall not be entitled to any setoff or damages, except only as provided in Section 5 above with respect to interruptions in utilities. Landlord, as an Operating Expense (except where specifically excluded under Section 3 above) shall keep in good order, repair and condition the elevators, roof, exterior walls, foundations, gutters, heating, cooling and air conditioning (except any such 30 days periodequipment exclusively serving the Premises), within a reasonable time, under the circumstances, thereafter. 11.3 All repairs electrical lines and replacements made plumbing (except those installed by either party shall be at least equal in quality of workmanship Tenant with Landlord's approval) and material to the quality of workmanship and material found in the original construction all common areas of the Building or and the PremisesLand, as the case may be, and including parking areas which shall be consistent with reasonably free of snow and debris. Notwithstanding the operation foregoing, Tenant shall pay all costs of a first-class office buildingsuch repair caused in any way by the negligence or intentional acts of Tenant, its contractors, agents, or employees.

Appears in 1 contract

Sources: Lease Agreement (Metris Companies Inc)

Repairs. 11.1 TenantTenant shall, at its sole cost and own expense, shall take keep the Premises in good care of and sanitary condition and working order and repair (including, without limitation, any and all carpeting, wallcovering, doors, plumbing and other fixtures, equipment, alterations, and improvements contained within the Premises and exclusively servicing the Fixtures Premises, whether any of the foregoing was installed by Landlord or Tenant), and Building Equipment therein and in conformity with all Laws, except if Landlord elects to make such repairs at Tenant’s Property consistent with the operation of a first-class office building's expense as hereinafter provided. Tenant shall pay to Landlord, promptly upon demand, and adequately repair all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations damage to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) the acts, omissions, negligence or misuse of caused by Tenant or any of its subtenants or any of its or their employees, agents, contractorslicensees, licensees or invitees or their use or occupancy or manner of use or occupancy of the Premises (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, including replacing or repairing all damaged or broken doors glass, fixtures and glass appurtenances resulting from any such damage, with materials approved in advance by Landlord and about the Premises and within any reasonable period of time approved by Landlord. Landlord may, but shall be responsible for have no obligation to, elect to make any or all repairs and maintenance of wall and floor coverings in the Premiseson Tenant's behalf at Tenant's sole cost or, upon Tenant's request, perform any such repairs at Tenant's sole cost. In either case where Landlord has made such election to perform repairs, Tenant shall promptly pay the cost thereof and, in addition, Tenant shall pay to Landlord an amount equal to fifteen percent (15%) of such cost as an overhead and diligently supervision fee. If Tenant does not make all repairs in or within a reasonable time and adequately when required to do so (Landlord having not previously elected to do so), Landlord may, but need not, make such repairs and replacements and Tenant shall pay Landlord, on written demand, the cost thereof. Subject to the Premises foregoing, at Landlord's election, any repairs, maintenance or replacements made by Tenant shall either be through Landlord for which it is responsible such reasonable charges as Landlord may from time to time establish, or such contractors as Landlord generally uses at the Property or such other contractors as Landlord shall first approve in writing, and in any event within 30 days of receipt of written notice of the necessity therefor from Landlorda first class, workmanlike manner approved by Landlord in advance in writing, such approval not to be unreasonably withheld. All repairs made by or on behalf of If Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 does not promptly make such arrangements, Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlordmay, at its sole cost and expensebut need not, shall make all repairs such repairs, maintenance and replacements, structural and the costs paid or non-structuralincurred by Landlord therefor, exterior or interior, ordinary or extraordinary, necessary to comply with interest at the covenant contained Default Rate (as defined in this Section 11.2, except for (aArticle 25) repairs required to be made on the amounts owed by Tenant pursuant to Section 11.1 and any other terms of this LeaseLandlord, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.reimbursed by Tenant promptly after request

Appears in 1 contract

Sources: Office Lease (Bluestar Communications Group Inc)

Repairs. 11.1 Tenant, at its sole cost and expense, (a) Landlord’s obligation with respect to repair as part of Basic Services shall take good care of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay be limited to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence structural portions of Improvements or Tenant’s Propertythe Building, (ii) the moving of Tenant’s Property or Improvements in or out exterior walls of the Building or the PremisesBuilding, including, without limitation, glass and glazing, (iii) the actsroof, omissions(iv) mechanical, negligence electrical, plumbing and life safety systems except for any lavatory, shower, toilet, wash basin and kitchen facilities that serve Tenant exclusively, and any supplemental heating and air conditioning systems which are subsequently added by Tenant after delivery of possession by Landlord (including all plumbing connected to said facilities or misuse 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: (A) Landlord shall not be required to repair damage to any of the foregoing to the extent caused by the acts or omissions 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, except to the extent covered by insurance carried by Landlord; and (B) the obligations of Landlord pertaining to damage or destruction by casualty not caused by the acts or omissions of Tenant or its agents or employees shall promptly replace scratchedbe governed by the provisions of Paragraph 9, damaged below. Landlord shall have the right but not the obligation to undertake work of repair that Tenant is required to perform under this Lease and that Tenant fails or broken doors refuses to perform in a timely and glass efficient manner. All actual costs incurred by Landlord in performing any such repair for the account of Tenant shall be repaid by Tenant to Landlord upon demand, together with an administration fee equal to ten percent (10%) of such costs. Except as expressly provided in Paragraph 9 of this Lease, there shall be no abatement of Rent and about 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 Premises, the Building or the Project. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Section 1942 and any successive sections or statutes of a similar nature). (b) Tenant, at its expense, (i) shall keep the Premises and all furniture and fixtures and personal property contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors selected by Landlord, of all facilities which are not expressly required to be responsible for all repairs maintained or repaired by Landlord and maintenance of wall and floor coverings which are located in the Premises. Tenant shall promptly , including, without limitation, lavatory, shower, toilet, wash basin and diligently make kitchen facilities, and supplemental heating and air conditioning systems (including all repairs in plumbing connected to said facilities or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made systems installed by or on behalf of Tenant or any person claiming through or under existing in the Premises at the time of Landlord’s delivery of the Premises to Tenant). Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs Premises not required to be made by Landlord under Paragraph 5(a), above with replacements of any materials to be made by use of materials of equal or better quality. Tenant pursuant shall do all decorating, remodeling, alteration and painting required by Tenant during the Lease Term. Tenant shall pay for the cost of any repairs to Section 11.1 the Premises, the Building or the Project made necessary by any negligence or willful misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in or invited to the Premises or the Project by Tenant. If Tenant fails to make such repairs or replacements within fifteen (15) days after written notice from Landlord, Landlord may at its option make such repairs or replacements, and any other terms Tenant shall within thirty (30) days of demand pay Landlord for the cost thereof, together with an administration fee equal to fifteen percent (15%) of such costs. (c) Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in a safe, clean and (bneat condition, normal wear and tear excepted. Except as otherwise set forth in Paragraph 4(b) repairs of this Lease, Tenant shall remove from the Premises all trade fixtures, furnishings and other personal property of Tenant and all computer and phone cabling and wiring installed by or on behalf of Tenant’s Property or Improvements not occasioned , shall repair all damage caused by Landlord’s negligencesuch removal, Notwithstanding anything contained herein and shall restore the Premises to the contraryits original condition, reasonable wear and tear excepted. In addition to all other rights Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) orhave, in the event Tenant does not so remove any such repair cannot fixtures, furnishings or personal property, Tenant shall be effected within such 30 days perioddeemed to have abandoned the same, within a reasonable timein which case Landlord may store the same at Tenant’s expense, under appropriate the circumstancessame for itself, thereafterand/or sell the same in its discretion. 11.3 All repairs (d) Landlord represents and replacements made by either party warrants that Landlord has no reason to believe that the Building is not presently in compliance with all applicable earthquake and other seismic construction and safety laws, rules, regulations and standards (collectively “Seismic Standards”), and regardless of any other provision of this Lease, Landlord agrees that Landlord shall be at least equal in quality solely responsible for all obligations and expenses associated with the requirements of workmanship and material any Seismic Standards relative to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office buildingCommon Areas (“Seismic Standards Expenses”).

Appears in 1 contract

Sources: Office Lease (Encore Capital Group Inc)

Repairs. 11.1 TenantThe parties acknowledge and agree that Subtenant is subleasing the Subleased Premises on an “AS IS” basis, at its sole cost and expensethat Sublandlord has made no representations or warranties, shall take good care express or implied, whatsoever, with respect to the Subleased Premises, including, without limitation, any representation or warranty as to the suitability of the Subleased Premises for Subtenant’s intended use. Sublandlord shall have no obligation whatsoever to make or pay the cost of any alterations, improvements or repairs to the Subleased Premises for Subtenant’s use and occupancy thereof, including, without limitation, any improvement or repair required to comply with any law, regulation, building code or ordinance (including the Fixtures and Building Equipment therein and Tenant’s Property consistent Americans with the operation Disabilities Act of a first-class office building1990, as may be amended). Tenant In addition, Sublandlord shall pay have no obligation to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all perform any repairs, replacements and alterations or any other obligation of Master Landlord required to be performed by Master Landlord under the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out terms of the Building Master Lease. Sublandlord shall, however, demand performance of the same in writing from Master Landlord promptly after being requested to do so by Subtenant and shall use commercially reasonable efforts to obtain Master Landlord’s performance; provided, however, if Master Landlord defaults under the Master Lease or the Premises, (iii) the acts, omissions, negligence or misuse of Tenant or fails to perform 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 obligations under the Premises (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days Master Lease after receipt of written notice from Tenant Sublandlord of the specific repair required such failure, Sublandlord will, at Subtenant’s request and at no material cost to be made (whichSublandlord, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, assign Sublandlord’s rights under the circumstancesMaster Lease to Subtenant to the extent necessary to permit Subtenant to institute legal proceedings against the Master Landlord to obtain performance of Master Landlord’s obligations under the Master Lease, thereafter. 11.3 All repairs and replacements made by either party provided that Subtenant shall be at least equal in quality of workmanship responsible for all costs and material expenses related to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may besuch action, and shall be consistent with indemnify Sublandlord from any claims arising therefrom. If ▇▇▇▇▇▇▇▇▇▇▇ fails to abide by the operation provision set forth in the previous sentence, Subtenant will have the right to take such action and institute legal proceedings in the name of a first-class office buildingSublandlord, and for the purpose and to such extent, all rights and remedies of Sublandlord under the Master Lease are hereby conferred upon and assigned to Subtenant. Subtenant expressly waives any rights it may have to make repairs at the expense of Sublandlord.

Appears in 1 contract

Sources: Sublease (Forge Global Holdings, Inc.)

Repairs. 11.1 Tenant, at its sole cost and expense, shall take good care of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent a. The Tenant covenants with the operation of a first-class office building. Tenant shall pay Landlord to Landlordrepair, promptly upon demand, all costs maintain and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or keep the Premises, with the appurtenances and all fixtures, in good and substantial repair when, where and so often as need shall be, reasonable wear and tear and damage by fire, lightning, tempest, earthquake, acts of God or the Queen's enemies, impact of aircraft, riots, insurrections, structural defects or weaknesses and explosion (iii) unless caused by the actsnegligence of the Tenant, omissionsits agents, negligence or misuse of Tenant or any of its subtenants or any of its or their employees, agentsinvitees, contractorssubtenants, licensees concessionaires or invitees or their use or occupancy or manner licensees) only excepted, provided that the Tenant shall keep the Premises well pointed at all times in accordance with the Landlord's reasonable requests and in such condition as a careful owner would do. The colour of use or occupancy all painting shall first be approved in writing by the Landlord. Without limiting the generality of the Premises (except fire or other casualty caused by Tenant’s negligenceforegoing, 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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make undertake and complete all normal maintenance, painting, repairs and replacements of all wall and floor coverings, curtains, blinds, drapes, and glass in or to about the Premises for which it is responsible from time to time and at all times during the Term hereof; c. If the Tenant should fail to repair in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity accordance with the provisions of Article XV. 11.2 Landlord shall keep hereof, the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost agents or employees, may forthwith enter the Premises and expense, shall make all the required repairs and replacementsfor that purpose the Landlord may bring and leave upon the Premises all necessary tools, structural materials and equipment and the Landlord will not be liable to the Tenant for any inconvenience, annoyance or non-structuralloss of business or any injury or damages suffered by the Tenant by reason of the Landlord effecting such repairs unless caused by the negligence of the Landlord, exterior its agents or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Leaseemployees, and (b) the expense of such repairs of Tenant’s Property or Improvements not occasioned will be borne by Landlord’s negligence, Notwithstanding anything contained herein the Tenant who shall pay it to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterforthwith upon demand. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease Agreement (Milinx Business Group Inc)

Repairs. 11.1 TenantLandlord shall maintain and repair the exterior of and the public portions of the Building and all Building systems servicing the Demised Premises. Tenant shall, at its sole cost and expensethroughout the term of this lease, shall take good care of the Demised Premises and the Fixtures fixtures and Building Equipment appurtenances therein and at Tenant’s Property consistent with 's sole cost and expense promptly make all repairs thereto and to the operation Building, whether structural or non-structural in nature, caused by or resulting from the carelessness, omission, neglect or improper conduct of a first-class office buildingTenant, Tenant's servants, employees, invitees, or licensees. Tenant shall pay to Landlord, promptly upon demand, also repair all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations damage to the Premises Building and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) Demised Premises caused by the moving of Tenant’s Property 's fixtures, furniture or Improvements in equipment. All the aforesaid repairs shall be of quality or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant class equal to the provisions of Section 8.2original work or construction. TenantIf Tenant fails, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlordafter ten (10) days written notice, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently to proceed with due diligence to make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms Tenant, the same may be made by the Landlord at the expense of this LeaseTenant, and (b) repairs the expenses thereof incurred by Landlord shall be collectible, as additional rent, after rendition of Tenant’s Property a bill or Improvements not occasioned by Landlord’s negligencestatement therefor. If the Demised Premises be or become infes▇▇▇ with vermin, Notwithstanding anything contained herein 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 contraryDemised Premises and following such notice, Landlord shall have promptly 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 hereinafter provided, there shall be no allowance to the Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required or others making or failing to be made (whichmake any repairs, alterations, additions or improvements in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material or to the quality of workmanship and material found in the original construction any portion of the Building or the PremisesDemised Premises or in and to the fixtures, as appurtenances or equipment thereof. The provisions of this Article 4 with respect to the making of repairs shall not apply in the case may be, and of fire or other casualty with regard to which Article 9 shall be consistent with the operation of a first-class office buildingapply.

Appears in 1 contract

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

Repairs. 11.1 7.01. Landlord, at its own cost and expense (subject to recoupment pursuant to Article 3 hereof), shall keep and maintain the public portions of the Building and the systems and facilities of the Building serving the demised premises (to the point of connection where the same enter the demised premises, or in the case of the electric system, to the electric closet on each floor of the demised premises except with respect to the Air-Cooled Units and the Water-Cooled Unit as to which the extent of Landlord's maintenance obligations shall be governed by the provisions of clause (ii) of subsection 21.01(a) hereof) in good working order, condition and repair and shall make all repairs thereto structural and otherwise, interior and exterior, as and when needed, to the extent that such items affect the use, occupancy or enjoyment of the demised premises for the conduct of Tenant's business, and Landlord shall make structural repairs to the demised premises, except that nothing contained in the foregoing shall obligate the Landlord to make those repairs for which Tenant is specifically responsible pursuant to any of the provisions of this Lease. Tenant shall take good care of the demised premises and shall, at its sole cost and expense, shall take good care of make such non-structural repairs to the Premises demised premises and the Fixtures fixtures and Building Equipment appurtenances therein and Tenant’s Property consistent with as are necessitated by the operation of a first-class office building. Tenant shall pay to Landlordact, promptly upon demandomission, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures occupancy or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) the acts, omissions, negligence or misuse of Tenant or any by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Notwithstanding the foregoing, all damage or injury to the demised premises and its subtenants fixtures, equipment and appurtenances whether requiring structural or any non-structural repairs, caused by or resulting from the negligence or willful misconduct of Tenant, its or their servants, employees, agentsinvitees, contractorscontractors or licensees, licensees or invitees or their use or occupancy or manner of use or occupancy of the Premises (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 (iv) the performance shall be repaired promptly by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where Tenant, at its expense, shall promptly replace all damaged or broken doors and glass (other than exterior windows) in and about the necessity therefor has been occasioned demised premises unless such damage was caused by the gross negligence Landlord or willful acts of Landlord, it its agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs repairs, maintenance and maintenance replacement of wall and floor coverings in the Premisesdemised premises and for the repair and maintenance of all sanitary and electrical fixtures and equipment therein. Tenant shall PARK AVE ARMORY/NYLPC - LEASE PT I promptly and diligently make make, at Tenant's expense, all repairs in or to the Premises demised premises for which it Tenant is responsible hereunder, and in any event within 30 days of receipt of written notice repairs required to be made by Tenant hereunder to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other systems of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant Building shall be made and performed only by contractor(s) approved by Landlord, such approval not to be unreasonably withheld or delayed. Any other repairs in conformity with the provisions of Article XV. 11.2 Landlord shall keep or to the Building outside the demised premises and Building Equipment in good order the facilities and repair and shall operate systems of the Building for which Tenant is responsible, shall be performed by Landlord at a reasonable cost and at Tenant's expense. Except as a first-class office building. Landlordotherwise provided in Section 9.05 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 into 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 substantially equal to the original work or installations. If Tenant fails to make all repairs and replacementssuch repairs, structural restoration or non-structuralreplacements within a reasonable period of time after demand is made therefor by Landlord, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to same may be made by Landlord at the expense of Tenant pursuant to Section 11.1 and such expense shall be collectible as additional rent and shall be paid by Tenant within 15 days after rendition of a ▇▇▇▇ therefor. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows, the windows, the fire stairs, any terraces or Building set back areas, utility closets and any other terms shafts passing through the floor on which the demised premises are located are not part of the premises demised by this Lease, and (b) repairs Landlord reserves all rights to such parts of Tenant’s Property the Building. 7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which is allowed by law. 7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein heat that is transmitted to the contraryBuilding structure or to any leased space to such a degree as to be objectionable to Landlord or to any other tenant in the Building in Landlord's reasonable judgment shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall have be under no obligation to endeavor to reduce such vibration, noise, heat or cold provided that the same does not exceed the level thereof generally maintained in office buildings comparable to the Building. PARK AVE ARMORY/NYLPC - LEASE PT I 7.04. Except as otherwise specifically 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 by reason of inconvenience, annoyance or injury to Tenant under this Section unless and until 30 days after receipt business arising from the making of written notice from Tenant of the specific repair required any repairs, alterations, additions or improvements in or to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction any portion of the Building or the Premisesdemised premises or in or to fixtures, appurtenances or equipment thereof. 7.05. Landlord shall use its reasonable efforts to minimize interference with Tenant's access to and use and occupancy of the demised premises in making any repairs, alterations, additions or improvements; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever, except that Landlord, at its expense, shall employ contractors or labor at so-called overtime or other premium pay rates to remedy any condition that either (i) threatens the health or safety of any occupant of the demised premises or (ii) materially adversely interferes with Tenant's ability to conduct its business at the demised premises. In all other cases, at Tenant's request, Landlord shall, upon Tenant's written request therefor, employ, if reasonably practicable, contractors or labor at so-called overtime or other premium pay rates and Tenant shall be liable as additional rent hereunder for the case may be, excess costs attributable thereto and shall be consistent with the operation of a first-class office buildingpay same to Landlord within fifteen (15) days after demand therefor.

Appears in 1 contract

Sources: Lease Agreement (PPC Publishing Corp)

Repairs. 11.1 (a) Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (including without limitation the roof, foundation, basement, structural portions of interior and exterior structural walls, but excluding the Demised Premises and other portions of the Building leased to other tenants), the mechanical, electrical and plumbing systems within the Building [exclusive of supplemental HVAC, mechanical, electrical or plumbing installations made by Tenant (such as, but not limited to, Liebert units and private restrooms), which shall be maintained by Tenant], at the Building parking facilities, the common areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its sole cost and expenseagents, contractors, employees, licensees, subtenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Except as expressly set forth above in this Article 14(a), Landlord shall not be required to make any repairs or improvements to the Demised Premises except for any initial improvements to the Demised Premises pursuant to the provisions of Exhibit "D" and except structural repairs necessary for ----------- safety and tenantability and except for the correction of punchlist items and latent defects pursuant to the provisions of Article 4 hereof. (b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the Fixtures same in good condition and Building Equipment therein repair, except for normal wear and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlordtear, promptly upon demand, all costs and expenses incurred damage by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (except fire or other casualty caused by Tenant’s negligencecasualty, if and repairs which are 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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts responsibility of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs report, in writing, to Landlord any defective or dangerous condition known to Tenant. Except for Tenant's rights as set forth in Article 18(e), to the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises for which it is responsible as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and in any event within 30 days of receipt of written notice of has made no promise to alter, remodel, improve, repair, decorate or paint the necessity therefor from Landlord. All repairs made by or on behalf of Tenant Demised Premises or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2part thereof, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 as specifically and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained expressly herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterset forth. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)

Repairs. 11.1 (a) Landlord shall, at its sole cost, make all necessary repairs to keep the exterior walls, foundation and structural frame of the Building and as part of Operating Costs perform all necessary repairs and maintenance to keep the roof and the Common Area, in good order and repair, excluding, however, all repairs which Tenant is obligated to make or pay for pursuant to this Section 8.1. Landlord agrees to exercise its rights under the existing roof warranty, which has been or will be transferred to the Landlord and which is attached hereto as Exhibit E. Tenant shall give Landlord prompt notice of any defective condition in the roof, roof membrane, any plumbing, heating system or electrical lines located in, servicing or passing through the Demised Premises and following such notice, Landlord shall use commercially reasonable efforts where practicable to initiate all repairs promptly and to remedy the condition with due diligence, subject to unavoidable delay, but at the expense of Tenant if repairs are necessitated by any act attributable to Tenant, Tenant’s servants, agents, employees, invitees or licensees; provided, however, that no liability of Landlord to Tenant shall accrue hereunder unless and until Tenant has given notice to Landlord of the specific repair to be made. (b) Tenant, at its sole cost and expense, shall take good care of the Demised Premises, including all Building equipment and HVAC and other systems located therein and serving the Demised Premises and the Fixtures plate glass, floors, windows and Building Equipment therein doors, and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs property and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2fixtures. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratchedobtain a preventative maintenance contract on the HVAC system, damaged or broken doors the form and glass in and about the Premises and contractor under which shall be responsible subject to Landlord’s reasonable approval. Tenant shall provide Landlord with an executed copy of the preventative maintenance contract no later than ninety (90) days after the Commencement Date. The preventative maintenance contract shall provide for all repairs the inspection and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from LandlordHVAC system on not less than a semi-annual basis. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity accordance with the provisions of Article XV. 11.2 Landlord shall keep the Building Section 8.2 and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material design to the quality of workmanship and material found in the original construction of the Building or Demised Premises and the Premises, as the case may beBuilding. If Tenant fails to proceed with due diligence to make repairs required to be made by Tenant, and such failure shall continue for 10 days after notice from Landlord, the same may be made by Landlord at the expense of Tenant and the amount so incurred by Landlord shall be consistent with the operation paid to Landlord by Tenant within 20 days after submission of a first-class office buildingb▇▇▇ or statement therefor by Landlord.

Appears in 1 contract

Sources: Lease Agreement (G Iii Apparel Group LTD /De/)

Repairs. 11.1 TenantLandlord shall maintain all of the demised Premises, excluding the Building, and shall maintain the roof, exterior structural walls, foundation as to load bearing integrity, fire sprinklers, electrical panels, and HVAC system. All of Landlord's costs of maintenance shall be subject to reimbursement pursuant to paragraph 5 hereof. Tenant shall, at its sole cost cost, keep and expensemaintain (including replacements if necessary) the Building, and every part thereof (except as noted in the preceding paragraph) and all appurtenances in clean, good and sanitary order, condition and repair, and Tenant expressly waives any and all rights it might otherwise have under the law to make repairs or replacements at the expense of the Landlord. Tenant shall take good care keep its sewers and drains (and use the same only for designated purposes) open and clear and shall keep the sidewalks and Common Areas adjacent to the Premises clean and free of all debris. Tenant agrees that it will paint, varnish, wallpaper, or otherwise redecorate or renovate the interior of the Premises and Tenant's trade fixtures when necessary to maintain the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of Premises in a first-class office buildingcondition. Landlord for the benefit of Tenant shall pay will enforce all rights to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to repair or replacement of defective work under contracts for the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out construction of the Building or Tenant's Improvements. On the last day of the term, or at any sooner termination of this Lease, Tenant shall also surrender to Landlord the Premises in good and sanitary condition and repair, but with reasonable use, wear and tear, or damage by fire, act of God or by the elements excepted; and Tenant also agrees to remove all of its signs and trade fixtures which Tenant has the right to remove from the Premises, (iii) the acts, omissions, negligence or misuse of Tenant or restoring 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 (except fire or other casualty damage 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 (iv) the performance by Tenant of its obligations pursuant such removal. Repairs to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs premises required to be made by Tenant pursuant to Section 11.1 and any other terms under the provisions of this Leaselease must be completed whether or not they are due to either conditions existing upon the commencement of the lease, and (b) repairs or use during the term of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, lease. During the term of this Lease Landlord shall have no liability to Tenant under this Section unless keep in force preventative maintenance contracts with qualified contractors covering all heating and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs air conditioning equipment and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or elevator equipment which serves the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease Agreement (Fair Isaac & Company Inc)

Repairs. 11.1 Tenant(a) Lessor shall, at its expense, keep the foundations, exterior wall, and the roof in good order and repair, and shall make structural repairs and replacements necessary to keep in good order and repair the Premises and the pipes and ducts running through the Premises but not including Lessee's service connections therewith and excluding additions and improvements, or repairs necessitated because of damage caused by any act, omission or negligence of Lessee. No liability of Lessor to Lessee shall accrue, however, under this covenant, unless and until Lessee has given written notice to Lessor of the specific repair required to be made and a reasonable time allowed thereafter to commence same. If Lessor is required to make repairs by reason of any act, omission or negligence of Lessee the cost of such repairs shall be borne by Lessee and shall be due and payable immediately upon receipt of Lessor's notification of the amount due. (b) Throughout the term of the Lease, Lessee shall maintain in good repair all portions of the Premises not required to be maintained in good repair by Lessor, including, without limitation, the air conditioning, electrical wiring, glass, pumps, plumbing, doors, windows, sidewalks, driveways, lawns, shrubbery, and walls. The Lessee, at its sole cost and expense, shall take good care maintain all portions of the leased Premises in a clean and orderly condition, free of dirt, rubbish and unlawful obstructions during the Fixtures and Building Equipment therein and Tenant’s Property consistent with term of this lease. In the operation event that the cost of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether any such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms Lessee is paid by Lessor, then Lessee shall reimburse Lessor for said total cost of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein in addition to the contraryrent which is required under paragraph 1.0 and if payment of said repairs remains unpaid on the tenth (10th) day of the month for which it is due, Landlord interest on the amount owing shall be due and payable by Lessee at the rate of twelve percent (12%-) per annum. (c) Either party shall give the other party at least fifteen (15) days' written notice of needed repairs and the party required to make the repairs shall have no liability a reasonable time thereafter to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required cause work on said repairs to be made (whichcommenced, in the case of unless it is an emergency, may and once commenced, said work shall be telephone notice confirmed in writing) or, in continued and completed with reasonable dispatch provided that the event such repair canparty responsible for the repairs shall not be effected within liable for failure to complete such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation reason of a first-class office buildingforce majeure as stated in paragraph 3.5 below.

Appears in 1 contract

Sources: Commercial Lease (Ocean Optique Distributors Inc)

Repairs. 11.1 Tenant shall put, keep, repair, replace and maintain the Leased Premises at all times in a good, neat, clean and sanitary condition and state of repair, reasonable wear and tear and damage caused by 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, at its sole cost officers, employees and expense, shall take good care of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office buildingagents. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by allow Landlord in connection with all repairs, replacements and alterations access to the Leased Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant during all reasonable hours to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant which Tenant fails or refuses to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days periodmake, within a reasonable period of time, under and shall pay Landlord as Additional Rent the circumstancescost of such repairs made for Tenant by Landlord, thereafter. 11.3 All together with 15% of such costs. Subject to Tenants obligation to pay Operating Expenses pursuant to Section 5, Landlord shall make all necessary repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality outer walls, roof, and structural elements of workmanship the Building. Landlord shall keep the plumbing, sewage, heating, air conditioning, electrical and material found in the original construction ventilating systems of the Building in good repair, ordinary wear and tear and casualty damage covered by insurance excepted. Landlord shall maintain and keep the common areas, grounds, walkways, driveways, and parking areas in a neat and clean condition. Notwithstanding the foregoing, to the extent any cost of repairs or improvements to the Building, to the Leased Premises or to any common areas are occasioned by or contributed to by the negligence or default of Tenant, its officers, employees, agents, 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 Premisesinstallations of Tenant in the Leased Premises shall be paid for by Tenant, as the case may beAdditional Rent hereunder, and shall be consistent with the operation of a first-class office buildingimmediately upon billing.

Appears in 1 contract

Sources: Lease Agreement (2nd Swing Inc)

Repairs. 11.1 TenantOwner shall maintain and repair the exterior of and the public portions of the buildings 5, at its sole cost and expenseTenant shall, shall throughout the term of this lease, take good care of the Premises demised premises including the bathrooms and lavatory facilities (if the demised premises encompass the entire floor of the building) and the Fixtures windows and Building Equipment window frames and, the fixtures and appurtenances therein and at Tenant’s Property consistent with 's sole cost and expense promptly make all repairs thereto and to the operation building, whether structural or non-structural in nature, caused by or resulting from the carelessness, omission, neglect or improper conduct of a first-class office buildingTenant, 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 lease, including Article 6. Tenant shall pay to Landlord, promptly upon demand, also repair all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations damage to the Premises building and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) demised premises caused by the moving of Tenant’s Property 's fixtures, furniture or Improvements in equipment. All the aforesaid repairs shall be of quality or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant class equal to the provisions of Section 8.2original work or construction. TenantIf Tenant fails, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlordafter ten days notice, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently to proceed with due diligence to make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant, the same may be made by the Owner at the expense of Tenant, and the reasonable expenses thereof incurred by Owner shall be collectable, as additional rent, after rendition of a bill or statement thereof. If the demised premises be or become infe▇▇▇▇ with vermin, Tenant pursuant shall, at its expense, cause the same to Section 11.1 be exterminated. Tenant shall give Owner prompt noitce 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 the 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 other terms repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment thereof. The provisions of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein Article 4 with respect to the contrary, Landlord making of repairs shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, not apply in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party fire or other casualty with regard to which Article 9 hereof shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.apply. Window Cleaning:

Appears in 1 contract

Sources: Lease Agreement (Access Integrated Technologies Inc)

Repairs. 11.1 TenantOwner shall maintain and repair the exterior of and the public portion of the building. Tenant shall, at its sole cost and expensethroughout the term of this lease, shall take good care of the Premises demised premises including the bathrooms and lavatory facilities (if the demised premises encompass the entire floor of the building) and the Fixtures windows and Building Equipment window frames and, the fixtures and appurtenences therein and at Tenant’s Property consistent with sole cost and expense promptly make all repairs a thereto and to the operation building, whether structural or non-structural in nature, caused by or resulting from the carelessness, omission, neglect or improper conduct of a first-class office building. 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 lease, including Article 6, Tenant shall pay to Landlord, promptly upon demand, also repair all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations damage to the Premises building and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) demised premises caused by the moving of Tenant’s Property fixtures, furniture or Improvements in equipment. All the aforesaid repairs shall be of quality or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant class equal to the provisions of Section 8.2original work or construction. TenantIt Tenant fails, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlordafter ten days notice, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently to proceed with due diligence to make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) 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 b▇▇▇ or statement therefore. If the demised premises be or become infested with vermin, Tenant pursuant shall, at its expense, cause the same to Section 11.1 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 the 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 in and to the fixtures, appurtenances or equipment 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 terms article of this Lease, and (b) repairs of lease. Tenant agrees that Tenant’s Property or Improvements not occasioned sole remedy at law in such instance will be by Landlord’s negligence, Notwithstanding anything contained herein way of any action for damages for breach of contract. The provisions of this Article 4 with respect to the contrary, Landlord making of repairs shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, not apply in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterfire or other casualty with regard to which Article 9 hereof shall apply. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Loft Lease (Nara Bancorp Inc)

Repairs. 11.1 Tenanta. By taking possession of the Premises, Tenant shall be deemed to have accepted the Premises in its present condition. Tenant shall, at its Tenant’s sole cost and expense, keep the Premises and every part thereof in good condition and repair, damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. Tenant shall take upon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good care condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Landlord shall have no obligation whatsoever to alter, remodel, improve, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations or warranties to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. b. Notwithstanding the provisions of Article 10.a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including, without limitation, the roof, foundation, floor slab, exterior walls and interior structural supports and the Fixtures basic plumbing, air-conditioning, heating, and Building Equipment therein electrical 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’s Property consistent with the operation of a first-class office building. , its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord, promptly upon demand, Landlord the all costs of such maintenance and expenses incurred repairs. Tenant shall maintain any air conditioning, heating or electrical systems installed by Tenant or necessary for Tenant beyond the basic systems currently on the Premises. 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 provided in connection Article 21 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with all Tenant’s business arising from the making of any repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements improvements in or out to any portion of the Building or the PremisesPremises or in or to fixtures, (iii) appurtenances and equipment therein, Tenant waives the actsright to make repairs at Landlord’s expense under any law, omissions, negligence statute or misuse of Tenant ordinance now or hereafter in effect. c. In the event Landlord fails to perform any of its subtenants obligations herein or any of its or their employees, agents, contractors, licensees or invitees or their use or occupancy or manner of use or occupancy of under the Premises Lease and (except fire in case of emergency posing an immediate threat to persons or other casualty caused by Tenant’s negligenceproperty, 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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and which case no prior notice shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or required) fails to the Premises for which it is responsible and in any event cure such default within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for thirty (a30) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant specifying the nature of such default where such default could reasonably be cured within said thirty (30) day period, or fails to commence such cure within said thirty (30) day period and thereafter continuously with due diligence prosecute such cure to complete where such default could not reasonably be cured within said thirty (30) day period, then Tenant shall have the right, but not the obligation, to cure such default and to demand reimbursement by landlord of the specific repair required to be made cost of such cure, with interest thereon at the rate of ten percent (which, in 10%) per annum from the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction date of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office buildingexpenditure until repaid.

Appears in 1 contract

Sources: Office Lease Agreement (Eschelon Telecom Inc)

Repairs. 11.1 Tenant4.01. Tenant shall, at its sole cost and expenseexpense and only using Landlord as general contractor, shall take good care of make such repairs to the Premises demised premises and the Fixtures fixtures and Building Equipment appurtenances therein and Tenant’s Property consistent with necessitated by the operation of a first-class office building. Tenant shall pay to Landlordact, promptly upon demandomission, all costs and expenses incurred by Landlord in connection with all repairsoccupancy, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (except fire or other casualty caused by Tenant’s '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 (iv) by the performance use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 3.05 of this Lease, all damages 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 its obligations pursuant to the provisions Building or by installation or removal of Section 8.2. Tenantfurniture, fixtures or other property, and for all of which aforesaid items, Landlord has not been or will not be reimbursed by insurance, 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. except where If Tenant fails to make such repairs, restorations or replacements, same may be made by Landlord at the necessity therefor has been occasioned by the gross negligence or willful acts expense of Landlord, it agents, employees or contractors, Tenant and such expense shall promptly replace scratched, damaged or broken doors and glass in and about the Premises be collectible as additional rent and shall be responsible for all repairs and maintenance paid by Tenant within 15 days after rendition of wall and floor coverings in the Premisesa ▇▇▇▇ therefor. 4.02. Tenant shall promptly not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry. and diligently make all repairs which is allowed by law. ▇.▇▇. ▇▇▇▇▇▇▇▇ machines and mechanical equipment belorigin5 to Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring-type vibration eliminators sufficient to absorb and prevent such vibration or noise, cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in a first class office such as the Building. 4.04. There shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice portion of the necessity therefor from Landlord. All repairs made by Building or on behalf of Tenant the demised premises or any person claiming through in or under Tenant shall be made and performed in conformity with the provisions of Article XVto fixtures, appurtenances or equipment thereof. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building4.05. Landlord, at its sole cost and expense, shall maintain and make all repairs necessary Structural Changes to the structural elements of (i) the Building and replacementsthe demised premises, structural or non-structuraland (ii) the Common Areas, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained hereinafter defined in this Section 11.227.11, except for that: (a) repairs required Landlord shall not be responsible for the maintenance, repair or replacement of any such systems including but not limited to be made by Tenant supplemental heating, ventilating and air conditioning, electric, plumbing including bathrooms and kitchens which are located within the demised premises and are supplemental or special to the Building standard systems, whether installed pursuant to Section 11.1 and any other terms of this Lease, Lease or otherwise; and (b) the cost of performing any of said maintenance or repairs caused by the negligence of Tenant’s Property , its employees, agents, servants, or Improvements not occasioned invitees or the failure of Tenant to perform its obligations under this Lease, shall be paid by Landlord’s negligenceTenant, Notwithstanding anything contained herein except to the contraryextent of insurance proceeds, if any, actually collected by Landlord with regard to the damage necessitating such repairs; and (c) Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt not be responsible for the repair of written notice from Tenant of the specific repair required to be made (which, any floor coverings located in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair candemised premises. Landlord shall also not be effected responsible for the repair or maintenance of any electric lighting (including but not limited to tubes, bulbs, ballasts) and any wall finish or covering within such 30 days period, within a reasonable time, under the circumstances, thereafterdemised premises. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease Agreement (Stratcomm Media LTD)

Repairs. 11.1 8.1 At Tenant, at its 's sole cost and expense, Tenant shall take keep in good care order, condition and repair the Premises and every part thereof, including, without limiting the generality of the foregoing, all plumbing, heating, ventilating and air conditioning systems, electrical and lighting facilities and equipment within the Premises, fixtures, interior walls and interior surfaces of exterior walls, ceilings, windows (including glass and casings), doors (including casings and locks), plate glass and skylights located within the Premises. Landlord reserves the right to procure and maintain the ventilating and air conditioning system maintenance contract for the entire Property, including the Premises, and if Landlord so elects, the cost thereof shall be included in the Property's Operating Cost. Tenant shall promptly replace any portion of the Premises or system or equipment in the Premises which cannot be fully repaired, regardless of whether the benefit of such replacement extends beyond the Lease Term. Tenant shall be solely responsible and shall indemnify, protect, defend and hold Landlord harmless as a result of any penetrations or perforations of the Fixtures roof caused by Tenant. Tenant shall also be responsible, at Tenant's sole cost, to comply with all Requirements relating to the Premises including, but not limited to, the obligation to make all improvements, alterations or modifications required by such Requirements. It is the intention of Landlord and Building Equipment therein and Tenant’s Property consistent with Tenant that, at all times during the operation of a Lease Term, Tenant shall maintain the Premises in an attractive, first-class office buildingand fully operative condition. Tenant shall pay to Landlord, promptly upon demand, also be responsible for all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations repairs to the Premises and the Fixtures Property which are made necessary by any act or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) the acts, omissions, negligence or misuse omission of Tenant or any of its subtenants or any of its or their affiliates, employees, agents, contractors, licensees subtenants, visitors, patrons, guests or invitees invitees. If Tenant fails to perform Tenant's obligations under this Section 8.1, Landlord may enter upon the Premises after ten (10) days written notice to Tenant (except in the case of emergency, in which event, no notice shall be required), perform such obligations on Tenant's behalf and put the Premises in good order, condition and repair, without liability to Tenant for any loss or their use damage that may accrue to Tenant's merchandise, fixtures, or occupancy other property or manner of use or occupancy to Tenant's business by reason thereof and the cost for making such repairs plus ten percent (10%) for administrative overhead shall be due and payable as Additional Rent to Landlord together with Tenant's next Minimum Monthly Rent installment. 8.2 Landlord agrees to keep in good order, condition and repair the foundations, exterior walls and roof of the Premises (but excluding the exterior and interior of all windows, doors, roll-up doors and any plate glass) except fire or other casualty for reasonable wear and tear and except for any damage thereto caused by Tenant’s negligence, if the fire any act or other casualty insurance policies insuring Landlord are not invalidated and the rights of Landlord are not adversely affected by this provision) or (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf commision of Tenant or any person claiming through its agents, employees, servants, contractors, subtenants, licensees, customers or under business invitees. It is an express condition precedent to all obligations of Landlord to repair and maintain that Tenant shall have notified Landlord in writing of the need for such repairs or maintenance. The cost of such repairs shall be made and performed included in conformity with the provisions of Article XV. 11.2 Landlord Property's Operating Cost as aforesaid. All work shall keep the Building and Building Equipment be completed in good order and repair and shall operate the Building a timely manner in workmanlike quality. Except as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained may be otherwise expressly provided for in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, there shall be no abatement of Minimum Monthly Rent, Additional Rent or any other payment due to Landlord under this Lease and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability of Landlord by reason of any injury to Tenant or interference with Tenant's business arising from the making of any repairs, alterations or improvements under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterLease. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease (Truevision International Inc)

Repairs. 11.1 TenantLandlord shall maintain and repair the exterior of and the public portions of the Building and all Building systems servicing the Demised Premises and all other portions of the Demised Premises for which Tenant is not responsible and which Tenant did not install, at its sole cost such as the base Building services and expenseBuilding equipment located within the Demised Premises, shall (i.e., plumbing, which is not installed by Tenant etc.). Tenant shall, throughout the term of this lease, take good care of the Demised Premises including the windows and window frames and, the Fixtures fixtures and Building Equipment appurtenances therein and at Tenant’s Property consistent with 's sole cost and expense promptly make all repairs thereto and to the operation Building, whether structural or non-structural in nature, caused by or resulting from the carelessness, omission, neglect or improper conduct of a first-class office buildingTenant, Tenant's servants, employees, invitees, or licensees. Tenant shall pay to Landlord, promptly upon demand, also repair all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations damage to the Premises Building and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) Demised Premises caused by the moving of Tenant’s Property 's fixtures, furniture or Improvements in equipment. All the aforesaid repairs shall be of quality or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant class equal to the provisions of Section 8.2original work or construction. TenantIf Tenant fails, at its sole cost after ten (10) days notice, to commence and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently thereafter proceed with due diligence to make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms Tenant, the same may be made by the Landlord at the expense of this LeaseTenant, and the expenses thereof incurred by Landlord shall be collectible, as additional rent, within ten (b10) repairs days after rendition of a bill or statement therefore. If the ▇▇▇ised Premises be or become infested with vermin, as a result of Tenant’s Property 's actions or Improvements not occasioned by Landlord’s negligenceinactions, Notwithstanding anything contained herein 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 contraryDemised Premises and following such notice, Landlord shall have remedy the condition with due diligence, but at the expense of Tenant (except to the extent such expense is actually reimbursed by Landlord's insurance company, but subject to the second paragraph of Article 9 hereof), if repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees, invitees or licensees as aforesaid. There shall be no allowance to the Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required or others making or failing to be made (whichmake any repairs, alterations, additions or improvements in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material or to the quality of workmanship and material found in the original construction any portion of the Building or the PremisesDemised Premises or in and to the fixtures, as appurtenances or equipment thereof provided Landlord shall use reasonable efforts to minimize interference with Tenant's occupancy. The provisions of this Article 4 with respect to the making of repairs shall not apply in the case may be, and of fire or other casualty with regard to which Article 9 shall be consistent with the operation of a first-class office buildingapply.

Appears in 1 contract

Sources: Office Lease (Fusion Telecommunications International Inc)

Repairs. 11.1 Tenant, at its sole cost and expense, shall take good care of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations Prior to the Premises Closing Date, the Seller shall cause to be undertaken the remedial improvements and repairs to the Fixtures or the Building Equipment therein, whether Property (such repairs, replacements the "REMEDIAL REPAIRS") contemplated in that certain contract by and alterations are interior between the Seller and T Equipment Corp., dated as of February 4, 2000, a complete and correct copy of which is annexed hereto as EXHIBIT L (the "REPAIRS CONTRACT"). Seller agrees that the Repairs Contract will not be amended to effect a reduction in the scope of the work thereunder without the consent of Purchaser, which consent may be granted or exteriordenied in Purchaser's sole discretion. Seller further agrees that there shall be no other change orders or amendments effected under such Contract without the prior consent of Purchaser, structural which consent will not be withheld or otherwise, ordinary or extraordinarydelayed unreasonably. To the extent that the Remedial Repairs have not been completed prior to the Closing Date, the need for which arises out of (i) Purchaser shall assume the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) Repairs Contract at Closing and thereafter the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations Purchaser shall diligently complete such Remedial Repairs pursuant to the provisions Repairs Contract. In addition to the foregoing, Seller shall cause Engineers Design Group, Inc. ("EDG"), in accordance with the contract between EDG and Seller for such services a complete and correct copy of Section 8.2which is annexed hereto as EXHIBIT M (the "EDG CONTRACT"), to provide reasonable and customary architectural and engineering services with respect to the Repairs Contract, which will include, without limitation, requirements for reasonable and customary oversight, field supervision of work, monitoring of compliance of the work with the Contract Documents, reviews of shop drawings and reviews of contractors' requisitions for payments. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and Seller shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or payments due to EDG pursuant to the Premises for EDG Contract. At Closing, the Seller shall place in escrow with the Escrow Agent, pursuant to an escrow agreement mutually acceptable to the Seller and the Purchaser and reflecting the terms of this Section 10.4, the form of which it is responsible and in any event within 30 escrow agreement shall be negotiated to completion no later than ten (10) days of receipt of written notice after the end of the necessity therefor from Landlord. All repairs made by Due Diligence Period (or on behalf of Tenant or any person claiming through or under Tenant shall be made if the Due Diligence Period is prematurely terminated and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant an early Closing Date is established pursuant to Section 11.1 and any other terms of this Lease1.3, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligenceprior to such early Closing Date), Notwithstanding anything contained herein an amount equal to the contraryproduct of 1.25 and the estimated cost to complete the portion of the Remedial Repairs remaining unfinished as of the Closing Date (the "ESTIMATED COST"). The Estimated Cost shall be determined by one or more certificates to be obtained by the Seller from the contractor performing the Remedial Repairs. Completion of the work shall be determined by an independent, Landlord licensed architect mutually agreeable to the Seller and the Purchaser, the cost of whose services shall have no liability be the sole expense of the Seller. The Escrow Agent shall disburse to Tenant under this Section unless and until 30 the Purchaser escrowed funds to pay the Purchaser's actual, invoiced, third-party costs of effecting the Remedial Repairs, within ten (10) business days after receipt of Purchaser's proper written notice from Tenant of the specific repair required to requisition therefor (but no more frequently than twice a month) which shall be made (which, accompanied by invoices and other commercially reasonable supporting documentation as set forth in the case of an emergencyescrow agreement, may which requisition and supporting documentation shall be telephone notice confirmed in writing) orsimultaneously delivered to the Seller for review and approval, in the event such repair canwhich approval shall not be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building unreasonably withheld or the Premises, as the case may be, delayed and shall be consistent with deemed to have been given if written objection is not given to the operation Purchaser and the Escrow Agent within such ten (10) day period. The balance of the escrowed funds shall be returned to the Seller within thirty (30) days after the final retainage payments have been made to the contractor under the Repairs Contract. If the Seller disapproves any requisition, or if the Seller and the Purchaser can not agree on a mutually agreeable architect, the disagreement shall be arbitrated by a licensed architect selected by the Seller, a licensed architect selected by the Purchaser, and a third licensed architect selected by those two architects, and the decision of a first-class office buildingmajority of these three shall be binding on the parties, with detailed arbitration procedures and time lines to be established in the escrow agreement. The Seller shall be responsible for the cost of all Remedial Repairs pursuant to the Repairs Contract which are completed on or prior to the Closing Date. The provision of this Section 10.4 shall survive the Closing.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Dean Witter Realty Yield Plus L P)

Repairs. 11.1 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 not be required to incur out of pocket costs) any warranties and other rights Landlord may have against any third party related to elements of the Premises 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, damage or loss due to Tenant’s acts or omissions with respect to such warranties and rights. Notwithstanding anything to the contrary contained herein, in 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 elevator systems, core building electrical service system, or core building plumbing system servicing the Premises or the Project (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), 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 the definition of Operating Costs with respect to such Core Building Systems. All maintenance and repairs made by Tenant shall be performed in a good and workmanlike manner and in accordance with the alteration provisions of Article 10. In addition, except as provided in Sections 9.2, 9.3 and 9.4, Tenant shall, at, its expense and pursuant to the terms and conditions of this Lease, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn elements of the Premises that are not Landlord’s obligation to maintain pursuant to Sections 9.2, 9.3 and 9.4 below, excepting ordinary wear and tear and subject to the terms of Articles 15 and 16 below. Notwithstanding anything to the contrary contained herein, 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 notice 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 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 Landlord incurred in connection therewith, within thirty (30) days after Landlord’s written demand. 9.2 Subject to the provisions of Article 15 and Article 16, Landlord shall maintain, repair and replace, at its sole cost and expense, shall take good care and not as an Operating Cost, the structural elements of the Premises Project consisting of the foundations, roof structures, column beams, load bearing and exterior walls and structural elements of the Building and the Fixtures foundations, column beams, load bearing walls and structural elements of the Underground Parking Areas and any future multi-floor parking structure on the Project. Except as set forth in the immediately preceding sentence and subject to the limitations set forth in the definitions concerning capital improvements and structural elements, in addition to Landlord’s obligations with respect to Core Building Equipment therein Systems as set forth in Section 9.1 above, Landlord shall maintain and Tenantrepair the Common Areas of the Project, the cost of which shall be reimbursed as an Operating Cost. 9.3 Landlord agrees to deliver the Premises to Tenant on the Commencement Date in a “broom clean” condition with Landlord’s Property consistent Work Substantially Completed (and all materials and debris resulting from Landlord’s Work removed from the Premises), with the operation of a first-class office buildingCore Building Systems in good working order and repair and with the Premises watertight (the “Delivery Condition”). Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by inform Landlord in connection writing of all failures of the Delivery Condition discovered by Tenant promptly following discovery thereof. Any claim based on a failure of a Delivery Condition must be asserted in a written notice by Tenant to Landlord given before the one hundred eightieth (180th) day following the Commencement Date hereof (the “Warranty Date”), and, if not asserted in writing before the Warranty Date, from and after the Warranty Date such claim shall be void and of no force or effect. Notwithstanding anything to the contrary contained herein, Tenant acknowledges and agrees that Landlord’s sole liability with respect to any failure of a Delivery Condition shall be (i) to cause the Premises to be placed in the Delivery Condition, or (ii) for the cost thereof pursuant to the next proceeding sentence. If Landlord fails to commence correcting any failure of a Delivery Condition within thirty (30) days after receipt of notice from Tenant given on or before the Warranty Date, Tenant shall have the right, but not the obligation, to perform such work and charge Landlord the reasonable cost therefore, which Landlord shall pay within thirty (30) days of receipt of the invoice. Except as expressly set forth herein, Tenant hereby waives any and all repairsrights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, replacements statute, or ordinance now or hereafter in effect. 9.4 Landlord represents and warrants to Tenant that if based upon current interpretations of Requirements as of the Commencement Date, the Premises (exclusive of furniture and equipment) fail to comply with Requirements, including, without limitation, the Americans with Disabilities Act (the “ADA”), Landlord will be solely responsible, at its cost, and not as an Operating Cost, to correct such violation of the Requirements. Notwithstanding the foregoing, Tenant shall be responsible for the cost of compliance with Requirements triggered by Tenant’s particular use of the Premises, Tenant’s construction or alteration thereof, Tenant’s breach of this Lease or future interpretations of or changes to Requirements to the extent that such compliance would not otherwise be Landlord’s obligation under the terms of Sections 9.2 or 9.3 above; provided, in no event shall Tenant be responsible for any alterations to the Premises that are Landlord’s obligation to perform under the terms of Section 9.2 above. Tenant shall inform Landlord in writing of all breaches of Requirements that are Landlord’s obligation to correct that are discovered by Tenant promptly following discovery thereof. Notwithstanding anything to the contrary contained herein, Tenant acknowledges and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need agrees that Landlord shall not be liable for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) the acts, omissions, negligence or misuse of any damages incurred by 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 due to a failure of the Premises (except fire or other casualty caused by Tenant’s negligence, if to comply with Requirements as the fire or other casualty insurance policies insuring Requirements are interpreted as of the date of this Lease. 9.5 Landlord are not invalidated and the rights of Landlord are not adversely affected by this provision) or (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenantshall, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its ’s sole cost and expense, perform, or cause to be performed, the work (“Landlord’s Work”) as provided in the plans to be prepared by Landlord and submitted to and approved by Tenant, which approval shall make not be unreasonably withheld, conditioned or delayed. The parties hereto agree that the basic scope of the Landlord’s Work is as set forth on Exhibit H, and that both parties agree to such scope of work. Landlord’s plans and all repairs design and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to construction of Landlord’s Work shall comply with the covenant contained in this Section 11.2all applicable statutes, except ordinances, regulations, laws, codes and industry standards. Tenant shall review and approve each set of plans for Landlord’s Work (awhich may be presented separately for each element) repairs within three (3) days of Landlord’s submission thereof. If Tenant does not respond to said plans within such three (3) day period, Tenant’s approval shall be deemed given. If Landlord is required to be made by Tenant pursuant to Section 11.1 and resubmit any other terms of this Lease, and (b) repairs plans as the result of Tenant’s Property review, Tenant shall indicate its acceptance or Improvements rejection of the revised plans within two (2) days following receipt by Tenant. If Tenant does not occasioned by Landlord’s negligence, Notwithstanding anything contained herein respond to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected revised plans within such 30 days two (2) day period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party Tenant’s approval shall be at least equal in quality of workmanship and material deemed given to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office buildingsaid revised plans.

Appears in 1 contract

Sources: Lease Agreement (Atheros Communications Inc)

Repairs. 11.1 Tenant(a) Landlord shall maintain in good order and repair, at subject to normal wear and tear and subject to casualty and condemnation, the roof, structural portions of the exterior and interior of the Building, the base building systems, including the base building mechanical, electrical, plumbing, vertical transportation, and life safety systems, the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, subject to Article 18 hereof, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its sole cost and expenseagents, 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 make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenantability. (b) Except for damage caused by Landlord or its agents, contractors or employees (acting within the scope of their employment) and which is not covered by insurance of the type required to be maintained by Tenant under this Lease, Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the Fixtures same in good condition and Building Equipment therein repair, except for normal wear and tear and for any damage caused by casualty or condemnation (the repair obligations for which are covered by Articles 22 and 35 hereof). Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, 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. (c) Notwithstanding anything contained in this Lease to the contrary, if Tenant is unable to (and does not) operate its business in the Demised Premises, or any portion thereof, for a period of five (5) days or more as a result of Landlord’s Fault, as hereinafter defined, there shall be an abatement of Base Rental and Tenant’s Property consistent with Additional Rental in proportion that the operation Demised Premises are unusable after said fifth day and for so long as such condition shall exist. If Tenant is unable to (and does not) operate its business in the Demised Premises, or any material portion thereof, for a period of one (1) year or more as a first-class office building. result of Landlord’s Fault, Tenant shall pay have the right to Landlord, promptly upon demand, all costs and expenses incurred terminate this Lease by written notice to Landlord in connection with all repairs, replacements and alterations given prior to the Premises and date that the Fixtures condition caused by Landlord’s Fault has been cured or corrected to the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, extent that Tenant is-able to operate its business in all but an immaterial portion of the need for which arises out of Demised Premises. The term “Landlord’s Fault” shall be defined as (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 misconduct of Landlord are not adversely affected by this provision) or (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it ’s agents, employees or contractors, shall promptly replace scratched(ii) the performance of any work by Landlord, damaged or broken doors and glass in and about Landlord’s agents, employees or contractors (unless necessitated by the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in intentional acts or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf negligence of Tenant or its agents, contractors, employees, invitees, licensees, subtenants or assigns), and (iii) Landlord’s failure to make any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made performed by Tenant pursuant Landlord hereunder. This Article 15 (c) shall not be applicable to Section 11.1 and conditions arising from fire or other casualties or any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned taking by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant exercise of the specific repair required to be made (which, power of eminent domain or private purchase in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterlieu thereof. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease Agreement (Internap Network Services Corp)

Repairs. 11.1 TenantLESSOR agrees to keep and maintain the Building as a first class office building, in good order and 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 CAM charges): all fixtures serving, but not located within the perimeter of, the Premises, including but not limited to, water, plumbing, sewer, HVAC, fire/life safety, electrical and sprinkler systems. If any such maintenance and repairs are caused in part or in whole by the act, 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 repairs. LESSEE shall at once report in writing to LESSOR any known defective or 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 LESSOR as a result of such defect or damage. LESSOR shall not be obligated to commence non-emergency repairs or to perform routine maintenance of the Premises for a period not to exceed ten (10) days following written notice to LESSOR of the need for such repair or maintenance. Emergency repairs shall be commenced as quickly as is reasonably practicable (for purposes of this LEASE, repairs involving the air conditioning system shall be deemed to be emergency repairs). There shall be an abatement of rent after five (5) days of non-use of the Premises, but 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 equipment therein. LESSEE will, at its own cost and expense, keep and maintain the Premises and 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 as when first received, reasonable wear and tear and casualty excepted. All damage or injury to the 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 LESSEE, 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, shall take good care that portion of the Premises water, plumbing, sewer, electrical and sprinkler systems located within the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation perimeter of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant LESSOR shall promptly assign to LESSEE any and diligently make all repairs in or warranties applicable to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XVsuch items. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease Agreement (Marine Bancshares Inc)

Repairs. 11.1 TenantTenant shall, at its sole cost cost, keep and expensemaintain the Leased Premises and appurtenances and every part thereof (excepting exterior walls and roofs which Landlord agrees to repair) including by way of illustration and not by way of limitation all windows, shall take good care and skylights, doors, any store front and the interior of the Leased Premises, including all pluming, heating, air conditioning, sewer, electrical systems and all fixtures and all other similar equipment serving the Leased Premises in good and the Fixtures sanitary order, condition, and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office buildingrepair. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance pest control within the Leased Premises; including, but not limited to the eradication of wall and floor coverings in any ants or terminates should infestation be observed during the Premisesterm of the Lease. To the best of Landlord's knowledge, the Leased Premises is free of any insects or rodents. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlordshall, at its sole cost cost, keep and expensemaintain all utilities, fixtures and mechanical equipment used by Tenant in good order, condition and repair. All windows shall make all repairs be washed and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, cleaned as often as necessary to comply with keep them clean and fee from smudges and stains. In the covenant contained event Tenant fails to maintain the Leased Premises as required herein or fails to commence repairs (requested by Landlord in this Section 11.2writing) within thirty (30) days after such request, except for (a) repairs required or fails diligently to be made by Tenant pursuant proceed thereafter to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrarycomplete such repairs, Landlord shall have no liability the right in order to preserve the Leased Premises or portion thereof, and/or the appearance thereof, to make such repairs or have a contractor make such repairs and charge Tenant under this Section unless and until 30 days after receipt for the cost thereof as additional rent, together with interest at the rate of written notice twelve percent (12%) per annum from Tenant the date of making such payments. ▇▇▇▇▇▇▇▇ agrees to inspect the specific repair required to be made (which, mechanical equipment in the case of an emergency, may be telephone notice confirmed Leased Premises to insure it is in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereaftergood working order at lease commencement. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease Agreement (Innotrac Corp)

Repairs. 11.1 TenantSublessee shall maintain the Subleased Premises in the same or better condition than the condition in which the Subleased Premises existed on the Commencement Date (reasonable wear and tear excluded). Notwithstanding any other provisions of this Sublease (including, without limitation, the quiet enjoyment covenant of Paragraph 2.3), the only repairs and maintenance to which Sublessee is entitled hereunder are those to which Sublessor is entitled under the Master Lease. Sublessee shall look solely to Master Lessor under the Master Lease for all such repairs and maintenance, including, without limitation, the repairs and maintenance to be provided by Master Lessor under Section 5.4 of the Master Lease. Sublessor shall have no obligation to perform or make any such repairs or maintenance with respect to the Subleased Premises. Sublessee agrees, at its sole cost and expense, shall take good care to perform all repairs to and maintenance of the Subleased Premises and required by Sublessor as tenant under the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to LandlordMaster Lease, promptly upon demandincluding, all costs and expenses incurred by Landlord without limitation, those described in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out Section 5.5 of the Building Master Lease. Notwithstanding the foregoing, Sublessor does hereby assign, transfer and set over to Sublessee any and all rights it has or might have against the Premises, (iii) Master Lessor under 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible Master Lease for all repairs -------------------------------------------------------------------------------- OFFICE BUILDING SUBLEASE -4- and maintenance to be provided by Master Lessor under Section 5.4 of wall and floor coverings in the Master Lease, to the extent that such repairs involved are applicable to the Subleased Premises. Tenant Sublessee shall promptly pursue any such rights and diligently make all repairs in remedies by virtue of such assignment at its own cost and expense and shall indemnify and hold harmless Sublessor from any loss, cost, claim, damages, expense, cause of action or to the Premises for which it is responsible liability (including, without limitation, attorneys' fees and in any event within 30 days costs) asserted against Sublessor by Master Lessor by reason of receipt Sublessee's pursuit of written notice of the necessity therefor from Landlordsuch rights and remedies. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity This assignment will terminate contemporaneously with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms termination of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterSublease. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Office Building Sublease (Vialink Co)

Repairs. 11.1 TenantNo representations, at its sole cost except as contained herein or endorsed hereon, have been made to Tenant respecting the condition of the Premises, and expense, the acceptance of possession of the Premises by Tenant shall be conclusive evidence as against Tenant that the Premises are now in a tenantable and good condition. Tenant shall take good care of the Premises and shall make all repairs (within the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations Premises (specifically excluding any repairs to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinarythe roof, the need for which arises out of (i) roof membrane, if applicable, the installationstructure, use, operation foundation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out walls of the Building or life safety, mechanical, electrical or other systems serving the Premises) as and when Landlord deems reasonably necessary in order to preserve the Premises in good working order and condition. In addition, Tenant shall reimburse Landlord, within thirty (iii30) days following written request therefore from Landlord, for the cost of any and all structural or nonstructural repairs, replacements or maintenance necessitated or occasioned by the acts, omissions, omissions or negligence or misuse of Tenant or any of its subtenants person claiming through or under Tenant, or any of its or their servants, employees, contractors, agents, contractorsvisitors or licensees, licensees or invitees or their by the use or occupancy or manner of use or occupancy of the Premises (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2or any such person. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned Unless otherwise caused by the gross negligence or willful acts misconduct of LandlordLandlord and/or Landlord Parties, it agentsLandlord shall not be liable for, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and there shall be responsible for all repairs and maintenance no abatement of wall and floor coverings rent with respect to any injury to or interference with Tenant’s business arising from any repairs, maintenance, alteration or improvement in or to any portion of the Premises. Tenant shall promptly and diligently make all repairs , the Common Areas or the Building or in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from fixtures, appurtenances or equipment therein. Tenant hereby waives all right to make repairs at Landlord. All repairs made by or on behalf of Tenant or any person claiming through or ’s expense under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord Sections 1932(1), 1941 and 1942 of the California Civil Code, and instead, all improvements, repairs and/or maintenance expenses incurred on the Premises shall keep be at the Building and Building Equipment in good order and repair expense of Tenant, and shall operate be considered as part of the consideration for leasing the Premises. All damages or injury done to the Premises by Tenant or by any person who may be in or upon the Premises with Tenant’s consent or at Tenant’s invitation, shall be repaired with material of equal or better quality than the then existing installation of Building as a first-class office building. LandlordStandard materials paid for by Tenant, and Tenant shall, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms termination of this Lease, surrender the Premises to Landlord in as good condition and (b) repairs of repair as when accepted by Tenant’s Property or Improvements not occasioned , reasonable wear and tear and damage by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterinsured casualty excepted. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Office Lease (Medivation, Inc.)

Repairs. 11.1 Tenant(a) Landlord shall maintain in good order and repair, at subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its sole cost and expenseagents, 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 make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenantability. (b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the Fixtures same in good condition and Building Equipment therein repair, except for normal wear and Tenant’s Property consistent with the operation of a first-class office buildingtear. Tenant shall pay at once report, in writing, to LandlordLandlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, promptly upon demandTenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, all costs statute or ordinance now or hereafter in effect. Landlord has no obligation and expenses incurred by Landlord in connection with all repairshas made no promise to alter, replacements and alterations to remodel, repair, decorate or paint the Demised Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2part thereof, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 as specifically and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained expressly herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterset forth. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Employment Agreement (Delta Air Lines Inc /De/)

Repairs. 11.1 Landlord shall maintain and repair the public portions of the Building, both exterior and interior, all Building systems and the restrooms on the ninth (9th) floor, all in a manner consistent with comparable office buildings in the general proximity of the Building, except for repairs and maintenance required to be performed by Tenant in accordance with the terms of this Lease. 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 to the lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing and subject to the terms of Article 9C hereof, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from the carelessness, omission, neglect or improper conduct of, or Alterations made by, or any work, labor, service or equipment done for or supplied to, Tenant or any subtenant, or the installation, use or operation of any property or equipment by Tenant or any of Tenant's subtenants, agents, employees, invitees or licensees, shall be repaired promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. Subject to the terms of Article 9C hereof, Tenant also shall take good care of repair all damage to the Building and the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred caused by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property 's fixtures, furniture or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made equipment by or on behalf of Tenant Tenant, Tenant's subtenants, agents, employees, invitees or any person claiming through licensees. All the aforesaid repairs shall be of quality and class equal to the original work or under Tenant construction and shall be made and performed in conformity accordance with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building3 hereof. Landlord, at its sole cost and expense, shall If Tenant fails after ten (10) days notice to proceed with due diligence to make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant hereunder, or if Landlord elects to Section 11.1 and make any other terms of this Lease, and (b) repairs of Tenant’s Property in or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the facilities and systems thereof for which Tenant is responsible, the same may be made by Landlord, at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible by Landlord as additional rent promptly after rendition of a ▇▇▇▇ or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Premises for which Landlord may be responsible hereunder. Except as expressly provided in Articles 10 and 29 hereof, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment 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 the case may beshall be reasonably approved by Landlord. 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 substances shall be consistent deposited therein. If at any time any windows of the Premises are temporarily closed, darkened or bricked-up if required by law or related to any construction upon property adjacent to the Real Property, Landlord shall 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 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 may be reasonably necessary to minimize the operation of a firstperiod during which such windows are temporarily closed, darkened or bricked-class office buildingup, but the foregoing shall not require Landlord to engage overtime or premium-pay labor.

Appears in 1 contract

Sources: Lease Agreement (Predictive Systems Inc)

Repairs. 11.1 TenantBy entry hereunder, Tenant accepts the Premises as being in the condition in which Landlord is obligated to deliver the Premises, provided that such acceptance shall not extend to latent defects which are not discoverable through a diligent inspection of the Premises. Tenant shall, at its all times during the term hereof and at Tenant's sole cost and expense, shall take good care of keep the Premises in good condition and repair, ordinary wear and tear and damage thereto by fire, earthquake, act of God or the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office buildingelements excepted. Tenant shall pay hereby waives all rights to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to make repairs at the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 expense of Landlord are not adversely affected by this provision) or (iv) the performance by Tenant of its obligations pursuant in lieu thereof to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in vacate the Premises. Tenant shall promptly at the end of the term hereof surrender to Landlord the Premises and diligently make all repairs Alterations thereto in the same condition as when received, ordinary wear and tear and damage by fire, earthquake, act of God or the elements excepted. Landlord had no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, except as specifically herein set forth. No representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically herein set forth. Landlord agrees to repair and maintain the structural components of the Building, including but not limited to the Premises for which it is responsible foundation, bearing and in any event within 30 days of receipt of written notice of exterior walls, sub-flooring and roof, as well as the necessity therefor from Landlordelevators, the electrical, mechanical, plumbing, sewage, heating, ventilating and air conditioning systems, the Common Areas. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made responsible for the repair and performed in conformity with maintenance of any supplemental air conditioning equipment installed by Tenant or Tenant's contractor within the provisions Premises. Tenant shall provide Landlord a copy of Article XV. 11.2 the maintenance agreement for such equipment within thirty (30) days of such installation. Landlord shall keep use reasonable efforts to enforce construction warranties' obtained from the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein initial tenant improvements to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterPremises. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Office Lease (CRL Network Services Inc)

Repairs. 11.1 A. Landlord shall be responsible for making all repairs necessary to maintain the plumbing, the fire protection, sprinkler and 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 Landlord). Landlord shall be responsible for maintaining any connections to the Building plumbing, 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 obligated to commence any such repairs within the Leased Premises (other than normal air 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 or its employees, agents, invitees, licensees, subtenants, or contractors, Landlord shall have the right to make the repair at Tenant, at its 's sole cost and expense, provided that if the damage necessitating such repairs is covered by insurance carried by Landlord or Tenant, the proceeds of such insurance shall take good care be made available by Landlord, or by Tenant, as the case may be, to cover the cost of such repairs and the rights of any party, and of its insurer, shall be subject to the provisions of Section 21D. If Tenant requires maintenance, servicing, repair or replacement of any 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, its agents, or contractors, or, if Landlord shall so determine, by engineers or contractors engaged by Tenant and approved by Landlord, but, in either event, at the sole expense of Tenant, unless the need 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 the cost of such repairs shall be at rates competitive in the San J▇▇▇ market for work of the same type. B. All replacement of lighting tubes, lamps, bulbs and ballasts required in the Leased Premises will be done by Landlord at Tenant’s expense. C. Tenant shall maintain the Leased Premises and the Fixtures fixtures and Building Equipment appurtenances therein including, but not limited to, ceilings, partitions, doors, lighting fixtures, switches, floor coverings, alterations, additions and Tenant’s Property consistent Improvements made by Tenant in good order and repair, in a neat and clean condition, at all times, except that as set forth in Section 9A hereof, Administrator shall provide basic cleaning and extermination services to the Leased Premises. Landlord shall provide regular maintenance to and service the ventilating and air conditioning equipment servicing the Leased Premises (for example, without limitation, regular filter changes and fan belt replacement). Except with regard to repair or replacement following a casualty or an eminent domain taking, or due to the operation negligence or willful misconduct of a first-class office building. the Administrator or the Landlord, or as specified in Sections 11A or 11B above, the Tenant shall pay be responsible for all maintenance, repair and replacement of any kind and nature of the Leased Premises, at Tenant's sole expense. Except as specified in Section 11A or 11B and subject to LandlordSection 21D, promptly upon demand, Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord in connection with of repairing and replacing all repairs, replacements and alterations damage or injury to the Leased Premises and Building and to fixtures and equipment caused by Tenant or its employees, agents, invitees, licensees, subtenants, or contractors, or as the Fixtures result of all or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out any of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the them moving of Tenant’s Property or Improvements in or out of the Building or the Premisesby installation or removal of furniture, (iii) 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 (except fire fixtures 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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XVproperty. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease Agreement (American Community Properties Trust)

Repairs. 11.1 Tenant(a) ▇▇▇▇▇▇▇▇ agrees, at its sole ▇▇▇▇▇▇▇▇'s own cost and expense, to maintain the building in good order, condition and state of repair, and to make the following repairs relating to the premises: (i) all structural repairs; (ii) all repairs to and replacements of the roof and under flooring; (iii) all repairs to the exterior of the premises and the building, including sidewalks adjoining same; (iv) all repairs and replacements to utilities systems and sewer lines; (v) all repairs to any fire sprinkling main and system servicing the premises, except the fire suppression system installed on the premises, which Tenant shall be responsible for maintaining and shall provide evidence satisfactory to Landlord demonstrating that such system is in good working order on an annual basis; (vi) all repairs to the interior of the premises if the need therefore arose as a result of Landlord's act or failure to act; and (vii) all repairs to the restrooms and the hallway in the rear of the premises. The Landlord shall not be responsible or liable to the Tenant for any loss or damage resulting to the Tenant's property or to the Tenant from bursting, stoppage or leaking of water, gas, sewer, sprinkler or steam pipes. Nor shall the landlord be responsible for any repairs made necessary by the acts of the Tenant, its employees or invitees. Except as herein above provided, Tenant shall take good care of the Premises premises, shall replace broken glass in windows and doors and shall do the work required to maintain the premises, the storefront and the Fixtures fixtures and Building Equipment therein equipment therein, including the plumbing and Tenant’s Property consistent with electrical systems located in and serving the operation of a first-class office buildingpremises, in good working order. Tenant shall pay inspect and clean the kitchen exhaust equipment at least once each quarter and provide the Landlord copies of all NFPA reports. Tenant agrees to Landlord, promptly upon demand, repair all costs and expenses incurred damages caused by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) the acts, omissions, negligence or misuse of Tenant or any of its subtenants or any of its or their employeesinvitees. Tenant further agrees to maintain and repair the heating, agentsventilating and air-conditioning system ("HVAC System") located in and servicing the premises, contractorsexcept that Landlord shall, licensees or invitees or their use or occupancy or manner of use or occupancy of the Premises (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenantwhen necessary, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole own cost and expense, shall make all repairs replace the major components of such HVAC System, including the unit itself, the compressor and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and fan motor. (b) If Landlord fails to make any of the repairs or to timely perform any of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, other obligations required of Landlord shall have no liability to Tenant under this Section unless and until 30 lease within thirty (30) days after receipt of written notice from Tenant of the specific repair required to be made (whichnecessity therefore, Tenant, in addition to any other rights or remedies available to it hereunder, at law or in equity, shall have the case right, but not the obligation, after notice and consultation with Landlord to make said repairs or to perform such obligations on behalf of Landlord and to deduct the entire cost thereof from rent due or to become due hereunder. If, in an emergency, any such repairs are immediately necessary for the proper use, enjoyment or preservation of the premises, no prior thirty (30) days' notice shall be required but Tenant shall give Landlord whatever notice is reasonable in the circumstances and may be telephone notice confirmed forthwith make said repairs on behalf of Landlord and deduct the entire cost thereof from rent due or to become due hereunder. At the end, expiration or other termination of the term hereby granted, Tenant shall deliver up the premises in writinggood order and condition, reasonable wear and tear and damage by casualty, fire, condemnation, the elements or Landlord excepted. Tenant shall repair any damages to the Premises or Building caused by Tenant, its employees, agents or invitees. (c) orIn order to secure Tenant's obligations under the terms of this Agreement, Tenant shall upon the execution of this lease deposit with Landlord the sum of Four Thousand, Three Hundred Dollars and No Cents ($4,300.00) as security deposit. Upon termination of this lease the Landlord shall return such deposit to the Tenant less (1) any amounts expended to repair or clean the premises, (2) any unpaid rentals or late payment fees then due, and (3) the cost of performing any obligations imposed upon Tenant by this lease. The existence of this security deposit shall not excuse the payment of any monthly rental amount and, in particular, shall not excuse the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction payment of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office buildinglast month's rent due under this lease agreement.

Appears in 1 contract

Sources: Lease Agreement

Repairs. 11.1 Tenant, at its sole cost and expense, Section 6.01. Tenant shall take good care of the non-structural portions of the Demised Premises and the Fixtures and Building Equipment fixtures therein and Tenant’s Property consistent with all portions of the operation of a first-class office buildingHVAC serving the Demised Premises, mechanical, plumbing and electrical systems within and exclusively serving the Demised Premises, and at its sole cost and expense make all repairs thereto as and when needed to preserve them in good working order and condition. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations All damage or injury to the Demised Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural to any building equipment or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the systems caused by Tenant moving of Tenant’s Property or Improvements property in or out of the Building or the Premises, (iii) the acts, omissions, by installation or removal of personalty or resulting from negligence or misuse intentional misconduct of Tenant or any of Tenant, its subtenants or any of its or their employees, agents, contractors, licensees or customers, invitees or their use or occupancy or manner of use or occupancy of the Premises (except fire or other casualty caused by Tenant’s negligenceand visitors, 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 (iv) the performance shall be repaired, promptly by Tenant of its obligations pursuant at Tenant's expense, and whether or not involving structural changes or alterations, to the provisions satisfaction of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by shall include replacements or on behalf of Tenant or any person claiming through or under Tenant substitutions where necessary and shall be made at least equal to the quality, class and performed value of the property repaired, replaced or substituted and shall be done in conformity with the provisions of Article XVa good and workmanlike manner. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office buildingSection 6.02. Landlord, at its sole cost and expense, shall maintain and make all repairs and replacements, structural or non-structuraland otherwise, to the exterior or interiorand public portions of the Building and to the Demised Premises, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs unless Tenant is required to be made make them under the provisions of Section 6.01 or unless required as a result of the performance of alterations by Tenant pursuant to Section 11.1 and or on Tenant's behalf, in which event Tenant, at its expense, shall perform such maintenance, repairs or replacements. Tenant shall notify Landlord of the necessity for any other terms repairs for which Landlord may be responsible in the Demised Premises under the provisions of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Section. Landlord shall have no liability to Tenant under by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair Lease, or required by law, to be made (which, make in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material or to the quality of workmanship and material found in the original construction any portion of the Building or the Demised Premises, as or in or to the case may befixtures, and equipment or appurtenances of the Building or the Demised Premises, provided that Landlord shall be consistent with use commercially reasonable efforts to minimize any disruption to Tenant's business operations in the operation Demised Premises. Section 6.03. Tenant shall not store or place any materials or other obstructions in the lobby or other public portions of a first-class office buildingthe Building, or on the sidewalk abutting the Building.

Appears in 1 contract

Sources: Lease Agreement (Jesup & Lamont, Inc.)

Repairs. 11.1 Tenant, at its sole cost and expense, Tenant shall take good care of the Premises premises and fixtures therein and, subject to the Fixtures provisions of paragraph 5 hereof shall make, as and Building Equipment therein when needed, as a result of misuse or neglect by Tenant or Tenant's servants, employees, agents, visitors, licensees, contractors, guests or invitees all repairs in and about the demised premises necessary to preserve them in good order and condition, which repairs shall be in quality and class equal to the original work. However, Landlord * may repair, at the expense of Tenant’s Property consistent with , all damage or injury to the operation demised premises or to the building or to its fixtures, appurtenances or equipment, done or caused by Tenant or Tenant's servants, employees, agents, visitors, licensees, contractors, guests or invitees, or caused by moving property of Tenant in or out of the building, or by installation or removal of furniture or other property, or resulting from fire, air conditioning unit or system short circuits, overflow or leakage of water, steam, illuminating gas, sewer gas, sewage or odors, or by frost, or by bursting or leaking of pipes or plumbing works, or gas, or from any other cause, due to the carelessness, negligence, or improper conduct of Tenant, or Tenant's servants, employees, agents, visitors, licensees, contractors, guests or invitees. Except as provided in paragraph 13 hereof, there shall be no allowance to Tenant for a first-class office buildingdiminution of rental value, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to person(s), property or business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the building or the premises or in or to the fixtures, appurtenances or equipment, nor shall there be any liability upon the Landlord for failure to make any repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in or to the fixtures, appurtenances or equipment. The Tenant shall pay and does hereby indemnify and hold the Landlord harmless and free from all liability for all injuries suffered by any person(s), and for damages sustained to Landlordproperty, promptly upon demandand for any monies paid out by Landlord in settlement of any claims or judgements resulting from such damages or injuries, as well as for all costs expenses and expenses attorney's fees incurred by Landlord in connection with all repairstherewith, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) the acts, omissions, except if caused by 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it its agents, representatives, employees or and contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. * after twenty (20) days prior written notice to Tenant if Tenant shall promptly and diligently not have commenced to make all repairs in or to the Premises for which it is responsible and in any event such repair within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2such twenty (20) day period, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone in which event no notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premisesrequired, as the case may be, and shall be consistent with the operation of a first-class office building.WINDOW CLEANING

Appears in 1 contract

Sources: Lease Agreement (McNaughton Apparel Group Inc)

Repairs. 11.1 Landlord shall make, as an Operating Expense of the Building, all repairs necessary to maintain the plumbing, heating, ventilating, air conditioning, electric systems, external windows and floors (excluding carpeting and floor coverings), provided, however, that Landlord shall not be obligated to make any such repairs until the expiration of a reasonable period of time 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, at unless the need for such repairs is caused solely by the negligence or wilful misconduct of Landlord, its sole cost and expense, agents or employees. Tenant shall take good care of maintain the Leased Premises and the Fixtures fixtures and Building Equipment appurtenances therein and Tenant’s Property consistent with in good repair at all times. Except to the operation extent released by Landlord pursuant to the waiver of a first-class office building. subrogation provision in Section 23 hereof, Tenant shall pay to Landlord, promptly upon demand, reimburse Landlord for all costs and expenses incurred by Landlord in connection with of repairing and replacing all repairs, replacements and alterations damage or injury to the Leased Premises and the Fixtures Building and to fixtures and equipment caused by Tenant or its employees, agents, invitees, licensees, subtenants, or contractors, or as the Building Equipment therein, whether such repairs, replacements and alterations are interior result of all or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out any of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the them moving of Tenant’s Property or Improvements in or out of the Building or the Premisesby installation or removal of furniture, (iii) 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 (except fire fixtures or other casualty caused by Tenant’s negligence, if the fire or other casualty insurance policies insuring Landlord are not invalidated property. Such costs and the rights of Landlord are not adversely affected by this provision) or (iv) the performance expenses shall be collectible as Additional Rent and paid by Tenant within fifteen (15) days after rendition of its obligations pursuant a ▇▇▇▇ therefor. Landlord shall not be liable by reason of any injury to or interference with Tenant's business arising from the provisions making of Section 8.2. Tenantany repairs, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence alterations, additions or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs improvements in or to the Leased Premises for which it is responsible and or the Building or to any appurtenances or equipment therein. There shall be no abatement of rent because of such repairs, alterations, additions or improvements or because of any delay by Landlord in any event within 30 days of receipt of making the same. Tenant shall give to Landlord prompt written notice of the necessity therefor from Landlord. All repairs made by any accidents to, or on behalf of Tenant or any person claiming through or under Tenant shall be made defects in plumbing, electrical, heating and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building air conditioning systems and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, apparatus located in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterLeased Premises. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease Agreement (Worldgate Communications Inc)

Repairs. 11.1 Tenant, at its sole cost and expense, shall take good care of The Tenant agrees to maintain the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate during the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms term of this Lease, at its own expense, including the floors, walls, ceiling, interior or exterior doors, inside plumbing, all heating, ventilating, air conditioning and other equipment and fixtures installed by the Landlord. Tenant agrees that it will at its own expense repair, maintain and replace when necessary all equipment (b) repairs of including but not limited to heating and air conditioning, doors and/or door closures), fixtures, windows and floor coverings and that it will redecorate the Premises when necessary. Tenant agrees that it will have done at its own expense any work for or about the Premises resulting from or associated with Tenant’s Property 's occupancy which may be required by law or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, regulation or lawful authority. Landlord shall have no liability to Tenant under this Section unless and until 30 days agrees within a reasonable time after receipt of written notice from the Tenant to make all repairs reasonably necessary to the structural portion of the specific Premises and roof, including gutters and all downspouts, subject to Paragraph 16. The Tenant also agrees, at his own expense, to repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material any damage to the quality common areas and facilities (defined in Paragraph 7) caused by the operation of workmanship its business or by the actions of its employees, agents or invitees on or about the Premises, the Building, Land or the common areas and material found in facilities, including, without limitation, any damage to the original construction parking areas caused by the operation (including without limitation, the driving, loading or unloading) of the Building delivery vans, trucks, carts or vehicles of any sort servicing Tenant's business or the Premises. The Tenant also agrees at his own expense to keep in effect during the term of this Lease and any extension or renewal thereof a full service contract (preventative maintenance ) on the heating, as the case may beventilating and air conditioning equipment with a licensed contractor approved by Landlord, and which approval shall not be consistent unreasonably withheld. Tenant agrees to provide Landlord with the operation a copy of a first-class office buildingthis Maintenance contract upon request.

Appears in 1 contract

Sources: Lease Agreement (Strayer Education Inc)

Repairs. 11.1 TenantIn furtherance of clause (a), at its sole cost the Borrower shall diligently make or cause to be made all needful and expense, shall take good care of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all proper repairs, renewals and replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, thereto whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2or foreseen or unforeseen. All such repairs, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs renewals and replacements made by either party shall be at least equal in quality of workmanship quality, value and material class to the quality of workmanship and material found in the original construction that of the Building or improvements which are the subject of such repairs, renewals and replacements. All repairs and alterations at the Premises, as including, without limitation, Significant Repairs and Improvements, the case may beRenovation Capital Expenditures and Maintenance Capital Expenditures, shall be done in a good and workmanlike manner and shall be consistent completed substantially in accordance with all Legal Requirements and free and clear of Liens or claims for materials supplied or for labor or services performed in connection with such repairs and alterations or otherwise. Prior to commencement of any Significant Repair or Improvement, all of the following requirements and conditions shall be satisfied: (i) The Required Lenders shall have determined that (x) the Borrower has the financial resources to complete the Significant Repair or Improvement (except for Renovation Capital Expenditures) on a timely and lien-free basis, other than Permitted Liens, (y) the Renovation Capital Expenditures can be completed on or before the Third Renovation Capital Expenditure Date or other period requested by the Borrower and approved by the Agent (acting upon the reasonable direction of the Required Lenders), and (z) any other Significant Repair or Improvement can be completed prior to the Termination Date; (ii) If reasonably requested by the Agent, the Agent shall have received architectural or engineering plans and specifications for the Renovation Capital Expenditures and any other Significant Repair or Improvement and an estimate of the costs and expenses of such Renovation Capital Expenditures and any other Significant Repair or Improvement; (iii) If requested by Agent, Agent shall have received copies of the agreements pursuant to which the Renovation Capital Expenditures and any other Significant Repair or Improvement shall be done and the identities of the parties performing the construction obligations thereunder; (iv) Agent shall have received the assignment to the Agent of all construction and design-professional contracts pursuant to the Mortgage and the Assignment of Agreements, together with the operation written consent to such assignments by all parties to such contracts (which may be included in any such contract), all of a first-class office buildingwhich shall be in form and substance reasonably satisfactory to the Agent (acting upon the reasonable direction of the Required Lenders); and (v) Agent shall have received such other information and documentation as Agent may reasonably request regarding the Renovation Capital Expenditures and any other Significant Improvement and Repair and the restoration or repairs and the cost thereof. The Borrower shall not undertake to construct (i) any Renovation Capital Expenditures and any other Significant Repair or Improvement except in compliance with this Section 7.18(b) hereof, and (ii) with respect to any Renovation Capital Expenditures, also in compliance with Section 4.3(b).

Appears in 1 contract

Sources: Loan and Facilities Agreement (Bh Re LLC)

Repairs. 11.1 Tenant(a) Landlord shall maintain in good order and repair, at its sole cost subject to normal wear and expensetear and subject to casualty and condemnation, shall take good care of the Building (excluding the Demised Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the Premises, (iii) foregoing necessitated by the acts, omissions, intentional acts or negligence or misuse of Tenant or any of its subtenants or any of its or their employees, agents, contractors, licensees employees, invitees, licensees, tenants or invitees 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 make any repairs or their use or occupancy or manner of use or occupancy of improvements to the Demised Premises except structural repairs necessary for safety and tenantability, the necessity for which (except fire or other casualty caused i) Landlord is notified in writing by Tenant’s negligence, if the fire and (ii) is not brought about by any act or other casualty insurance policies insuring Landlord are not invalidated and the rights neglect of Landlord are not adversely affected by this provision) or (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratchedlicensees, damaged or broken doors invitees. (b) Tenant covenants and glass in and about agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible under any of the provisions of this Lease shall be responsible limited to the cost of such repairs or maintenance or the curing of such defect. Landlord shall not be liable to Tenant for all repairs and maintenance of wall and floor coverings damage to person or property caused by any latent defects in the Building or the Demised Premises, defects in the cooling, heating, electric, water, elevator or other apparatus or systems or by water discharged from sprinkler systems, if any, in the Building or the Demised Premises, nor for the theft, mysterious disappearance, or loss of the Building. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, 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. (c) Tenant shall at its own cost and expense keep and maintain the Demised Premises and all parts thereof in good repair and tenantable condition and indemnify Landlord against any loss, damage, or expense arising by reason of any failure of Tenant so to keep the Demised Premises in good repair and tenantable condition or due to any act or neglect of Tenant, its agents, employees, contractors, invitees, or licensees. If Tenant fails to perform, or cause to be performed, such maintenance and repairs, then at the option of Landlord, in its sole discretion, any such maintenance or repair may be performed or caused to be performed by Landlord and the cost and expense thereof shall be charged to Tenant, and Tenant shall pay the amount thereof to Landlord on demand as Additional Rental. Tenant shall not install X-ray machines or other equipment which emits radiation in the Demised Premises without Landlord's approval, which approval shall not be unreasonably withheld. Landlord's withholding of consent shall not be unreasonable if, by way of illustration and not limitation, adequate protection for the safety of people is not installed in connection with such equipment. Tenant hereby accepts the risks of and all responsibility for any injury or damage which may result from the operation or failure of operation of any such X-ray equipment or other equipment which emits radiation. All equipment owned or operated by Tenant must be installed and protected in a manner satisfactory to Landlord and in compliance with all governmental regulations. Tenant will be obligated to obtain and maintain at its expense any permits, licenses or approvals required in connection with its use of the Demised Premises or in connection with any equipment of Tenant in the Demised Premises. All repairs, replacements and clearing of stoppages from plumbing fixtures within the Demised Premises, as well as repair or replacement of special or non- standard electrical fixtures, lights and light bulbs within the Demised Premises (other than standard 2x4 lights), and the furnishing of toilet paper and paper towels to toilets and sinks located within the Demised Premises shall be at Tenant's expense. (d) Tenant agrees to conform to Landlord's signage program for the Building; however, all costs and expenses for any sign, sign installation, removal and repair shall be paid by Tenant. Tenant shall obtain the written approval of Landlord prior to placing and maintaining, or causing or permitting to be placed and maintained, any sign, advertising matter or other thing of any kind, on the exterior of the Demised Premises, or any decorating, lettering or advertising matter on any exterior door to the Demised Premises. Tenant shall promptly and diligently make all repairs in not affix or attach anything to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, windows in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterDemised Premises. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Lease Agreement (Webmd Inc)

Repairs. 11.1 TenantBy 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 its 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 take good care have no obligation to alter, remodel, improve, repair, decorate or paint the 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 the Fixtures structural portions of the Building, including the basic plumbing, heating, ventilating, air conditioning and Building Equipment therein electrical systems installed or furnished by Landlord, 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’s Property consistent with the operation of a first-class office building. , its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord, promptly upon demandas additional rent, all costs the reasonable cost of such maintenance and expenses incurred 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. There shall be no abatement of rent and no liability of Landlord in connection by reason of any injury to or interference with all Tenant's business arising from the making of any repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements improvements in or out to any portion of the Building or the Premises, (iii) the acts, omissions, negligence Premises 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 (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 (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to fixtures, appurtenances and equipment therein. Tenant waives the Premises for which it is responsible right to make repairs at Landlord's expense under California Civil Code Sections 1941 and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 1942 and any other terms of this Leaselaw, and (b) repairs of Tenant’s Property statute or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contraryordinance now or hereafter in effect, Landlord shall have no liability the right to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of enter the specific premises at any time for repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material or maintenance to the quality of workmanship Building, including but not limited to the building structure, HVAC, plumbing and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office buildingelectrical systems.

Appears in 1 contract

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

Repairs. 11.1 Landlord shall consistently maintain in good condition and promptly repair the exterior of, structural portions and the public portions of the Building and all Building systems servicing the Premises throughout the Term. 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 (subject to the provisions of Subsection C of Article 9 below). Tenant shall pay Landlord for all replacements to the lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing but subject to the provisions of Subsection C of Article 9 below, all damage or injury to the Premises or, subject to Landlord's direction and supervision, to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from the neglect or improper conduct of, or Alterations made by, or any work, labor, service or equipment done for or supplied to, Tenant or any subtenant, or the installation, use or operation of any property or equipment by Tenant or any of Tenant's subtenants, agents, employees, invitees or licensees, shall be repaired promptly by Tenant, at its sole cost and expense, to the reasonable satisfaction of Landlord. Tenant also shall take good care of repair all damage to the Building and the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred caused by Landlord in connection with all repairs, replacements and alterations to the Premises and the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property 's fixtures, furniture or Improvements in or out equipment. All the aforesaid repairs shall be of the Building or the Premises, (iii) 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 (except fire or other casualty caused by Tenant’s negligence, if the fire or other casualty insurance policies insuring Landlord are not invalidated quality and the rights of Landlord are not adversely affected by this provision) or (iv) the performance by Tenant of its obligations pursuant class equal to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence original work or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises construction and shall be responsible for all repairs and maintenance of wall and floor coverings made in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity accordance with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building3 hereof. Landlord, at its sole cost and expense, shall If Tenant fails after ten (10) days notice to proceed with due diligence to make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant hereunder, or if Landlord elects to Section 11.1 and make any other terms of this Lease, and (b) repairs of Tenant’s Property in or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the facilities and systems thereof for which Tenant is responsible, the same may be made by Landlord, at the expense of Tenant, and the reasonable, out-of-pocket expenses thereof incurred by Landlord shall be collectible by Landlord as Additional Rent promptly after rendition of a bill or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Premises for which Landlord may be responsible hereunder. Except as expressly provided in Article 10 hereof, 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 Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, or the Premises, as the case may beor in or to fixtures, appurtenances, or equipment thereof. 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 substances shall be consistent with deposited therein. If at any time any windows of the operation Premises are temporarily or permanently closed, darkened or bricked-up, if required by law or related to any construction upon property adjacent to the Real Property by Landlord or others, Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefor nor abatement of a first-class office buildingrent nor shall the same release Tenant from its obligations hereunder nor constitute an eviction.

Appears in 1 contract

Sources: Lease Agreement (COMPASS Pathways PLC)

Repairs. 11.1 (a) Tenant shall take good care of the demised premises and the fixtures and appurtenances therein and at its sole cost and expense make all repairs thereto as and when needed to preserve the same in good working order and condition. With respect to the Building systems serving the demised premises Tenant shall be responsible for (i) repair and maintenance of Tenant's internal air-distribution system to the point at which the same connects to the main distribution duct for the demised premises, (ii) repair and maintenance of the internal electrical system to the panel box serving the demised premises, and (iii) repair and maintenance of all plumbing fixtures and lines in and serving the demised premises to the point at which the same join the main vertical risers of the Building. All such repairs and maintenance with respect to such Building system shall be performed by Tenant at Tenants cost and expense, by contractors and mechanics listed on Landlord's Approved List. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the demised premises and to its fixtures, appurtenances and equipment shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, shall take good care of the Premises and the Fixtures and Building Equipment therein and Tenant’s Property consistent with the operation of a first-class office building. Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all which repairs, restorations and replacements shall be in quality and alterations class equal to the Premises and the Fixtures original work or installations. All damage or injury to the Building Equipment thereinor to its fixtures, whether such repairs, replacements appurtenances and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need for which arises out of (i) the installation, use, operation or existence of Improvements or Tenant’s Property, (ii) the equipment caused by Tenant moving of Tenant’s Property or Improvements property in or out of the Building or the Premisesby installation or removal of furniture, (iii) 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 (except fire fixtures or other casualty property, or in any other manner caused by Tenant’s negligence, its agents, servants or contractors, shall be repaired, replaced or restored by Landlord at Tenant's cost and expense and such expense shall be collectible as additional rent and shall be paid by Tenant within fifteen (15) days after rendition of a ▇▇▇▇ therefor. Notwithstanding anything to foregoing contained here, if Tenant fails to make the fire repairs, restoration or other casualty insurance policies insuring replacements required under this Section 7.01 within twenty (20) days after notice thereof, 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 15 days after rendition of a ▇▇▇▇ therefor. The exterior walls of the Building, the portions of any window ▇▇▇▇▇ outside the windows, and the windows are not invalidated and part of the rights of Landlord are not adversely affected premises demised by this provisionLease and Landlord reserves all rights to such parts of the Building. (b) or (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. TenantLandlord shall, at its sole cost and expenseexpense (except as otherwise set forth herein), maintain and repair the structural portions of both the Building and the demised premises and the portion of the Building systems serving the demised premises for which Tenant is not responsible pursuant to Paragraph (a) hereof and the common areas to the extent that same affect Tenant's use and occupancy of, or access to, the demised premises. except where Tenant shall promptly notify Landlord of all repairs required to be made within the demised premises for which Landlord is responsible hereunder and Landlord shall perform same at its sole cost and expense provided, however, if the necessity therefor has for any of such repairs which are Landlord's obligation to perform shall have been occasioned by the gross any action, omission to act or negligence of Tenant or willful acts of Landlord, it Tenant's agents, employees or contractors, then Landlord shall promptly replace scratched, damaged make or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or cause to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, all such repairs at its Tenant's sole cost and expense, and Tenant shall make all repairs pay to Landlord as additional rent within ten (10) days of Landlord's demand therefor, an amount equal to Landlord's cost thereof. 7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and replacementswhich is allowed by law. If Tenant shall desire a floor load in excess of that which the affected floors are designed to carry, structural or non-structuralLandlord agrees (provided Landlord's architects, exterior or interiorin their reasonable discretion, ordinary or extraordinary, find that the work necessary to comply increase such floor load does not adversely affect the structure of the Building, and further provided that such work will not interfere with the covenant contained amount or availability of any space adjoining alongside, above or below the demised premises, or interfere with the occupancy of other tenants in this Section 11.2the Building), except to strengthen and reinforce the same so as to give the live load desired, provided Tenant shall submit to Landlord the plans showing the locations of and the desired floor live load for (a) repairs required the areas in question and provided further that Tenant shall agree to pay for or reimburse Landlord on demand for the cost of such strengthening and reinforcement as well as any other reasonable out-of-pocket costs to and expenses of Landlord occasioned by or resulting from such strengthening or reinforcement. 7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be made objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant pursuant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to Section 11.1 absorb and any prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air-conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other terms parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold. 7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability on the part of Landlord by reason of inconvenience, annoyance or injury to Tenant under this Section unless and until 30 days after receipt business arising from the making of written notice from Tenant of the specific repair required any repairs, alterations, additions or improvements in or to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafter. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction any portion of the Building or the Premisesdemised premises or in or to fixtures, as the case may be, and appurtenances or equipment thereof. In performing such repairs Landlord shall make a reasonable effort to minimize any inconvenience to Tenant but nothing herein shall be consistent with the operation of a first-class office buildingdeemed to obligate Landlord to perform same on an overtime or premium basis.

Appears in 1 contract

Sources: Lease Agreement (24/7 Media Inc)

Repairs. 11.1 Tenant, at its sole cost and expense, shall take good care of the Premises THE Landlord and the Fixtures Tenant covenant with each other that save where the building or other item of fixed equipment is identified as redundant in Part 4 of Schedule 6 or by subsequent agreement 5.1 The Tenant will put the Property into good repair and Building Equipment therein keep it in that condition. 5.2 The Landlord may serve written notice on the Tenant specifying works for which the Tenant is liable whereupon the Tenant is to execute all repairs works or replacements required and Tenant’s Property consistent if the Tenant does not within two months of that service commence and thereafter proceed diligently with the operation execution of a first-class office building. such repairs works or replacements the Landlord or any person authorised by them may enter upon the Property and execute such repairs and the cost thereof with interest at the Prescribed Rate from the date of expenditure by the Landlord to the date of payment by the Tenant shall pay to Landlord, promptly upon demand, all costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations be a debt due from the Tenant to the Premises Landlord and be forthwith recoverable by action. 5.3 The Tenant may serve written notice on the Fixtures or the Building Equipment therein, whether such repairs, replacements and alterations are interior or exterior, structural or otherwise, ordinary or extraordinary, the need Landlord specifying works for which arises out of (i) the installation, use, operation Landlord is liable whereupon the Landlord is to execute all repairs works or existence of Improvements or Tenant’s Property, (ii) the moving of Tenant’s Property or Improvements in or out of the Building or the Premises, (iii) 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 (except fire or other casualty caused by Tenant’s negligence, replacements required and if the fire Landlord does not within two months of that service commence and thereafter proceed diligently with the execution of such repairs works or other casualty insurance policies insuring Landlord are not invalidated and replacements the rights of Landlord are not adversely affected by this provision) or (iv) the performance by Tenant of its obligations pursuant to the provisions of Section 8.2. Tenant, at its sole cost and expense. except where the necessity therefor has been occasioned by the gross negligence or willful acts of Landlord, it agents, employees or contractors, shall promptly replace scratched, damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly and diligently make all repairs in or to the Premises for which it is responsible and in any event within 30 days of receipt of written notice of the necessity therefor from Landlord. All repairs made by or on behalf of Tenant or any person claiming through or under authorised by them may execute such repairs and the cost thereof with interest at the Prescribed Rate from the date of expenditure by the Tenant to the date of payment by the Landlord shall be made and performed in conformity with a debt due from the provisions of Article XV. 11.2 Landlord shall keep the Building and Building Equipment in good order and repair and shall operate the Building as a first-class office building. Landlord, at its sole cost and expense, shall make all repairs and replacements, structural or non-structural, exterior or interior, ordinary or extraordinary, necessary to comply with the covenant contained in this Section 11.2, except for (a) repairs required to be made by Tenant pursuant to Section 11.1 and any other terms of this Lease, and (b) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence, Notwithstanding anything contained herein to the contrary, Landlord shall have no liability to Tenant under this Section unless and until 30 days after receipt of written notice from Tenant of the specific repair required to be made (which, in the case of an emergency, may be telephone notice confirmed in writing) or, in the event such repair cannot be effected within such 30 days period, within a reasonable time, under the circumstances, thereafterforthwith recoverable by action. 11.3 All repairs and replacements made by either party shall be at least equal in quality of workmanship and material to the quality of workmanship and material found in the original construction of the Building or the Premises, as the case may be, and shall be consistent with the operation of a first-class office building.

Appears in 1 contract

Sources: Farm Business Tenancy Agreement