Common use of Repairs Clause in Contracts

Repairs. (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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.

Appears in 2 contracts

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

Repairs. (a) 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 keep the Premises (including all Fixtures) in good condition not be obligated to repair any Building Systems. Tenant shall, however, at its own cost and expense, maintain and repair 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 extent deemed appropriate by Tenant, its agents, employees, invitees and licensees 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 other installations in appurtenances (including Building Systems), whether requiring structural or nonstructural repairs, caused by the Premises moving of Tenant's Property or anywhere in the Building. Any maintenancecaused by or resulting from any act or omission of, repair or replacement Alterations made by, Tenant or Persons Within Tenant's Control, shall be repaired by Tenant, at Tenant's sole cost and expense, to the windows reasonable satisfaction of Landlord (including if the required repairs are non-structural in nature and do not affect any solar film attached theretoBuilding Systems), 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's sole cost and expense (if the required repairs are structural in nature or affect any Building Systems). All of the aforesaid repairs shall be performed in a manner and with materials and design of first class and quality consistent with first-class office buildings in Memphis and shall be made in accordance with the provisions of Article 5. If Tenant shall 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 commit or allow to be committed place a load upon any waste or damage to any portion 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. (b) Landlord shall at all times operate , both exterior and maintain the Building interior, in accordance conformance with the standards that are customarily followed applicable to first-class office buildings in the operation and maintenance Memphis, except for those repairs for which Tenant is responsible pursuant to any other provision of First-Class Office Buildings (the “Standard”). (c) this Lease. Landlord shall use reasonable efforts to minimize interference with Tenant’s 's use and occupancy of the Premises in making any repairs, alterations, additions or improvements to the Building or in the cleaning and maintenance thereofimprovements; 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 expenses whatsoeverimprovements. Notwithstanding the foregoing, except that Landlord, at its expense if Tenant 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s so request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and or incur any other overtime costs or expenses in making such repairs, alterations, additions or improvements, provided Tenant shall pay to Landlord, as Additional Rent, within ten (10) days after demand therefor, an amount equal to the excess costs incurred by Landlord by reason of compliance with Tenant's request. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord 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 its fixtures, appurtenances or equipment. Section 6.4. Without abatement or diminution in rent, Landlord reserves and shall have the following additional rights: 1. To erect, use and maintain pipes and conduits in and through the Premises; provided that all such conduits and pipes shall be located behind then-existing walls, under floors or above suspended ceilings and shall not interfere with the use and operation of the Premises, or any equipment or facilities located therein. 2. To take any and all measures, including inspections, repairs, alterations, additions and improvements to the extent it is practicable Premises or to do so, and Tenant shall pay to Landlordthe Building, as additional rentmay be necessary or desirable for the safety, within twenty (20) days after demandprotection or preservation of the Premises or the Building or Landlord's interests, an amount equal to or as may be necessary or desirable in the difference between operation of the overtime or other premium pay and straight time payBuilding.

Appears in 2 contracts

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

Repairs. (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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s requestown expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord shall employ contractors (or labor at so-called overtime or other premium pay rates Landlord’s property manager) may, but need not, make such repairs and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements to the extent it is practicable to do soreplacements, and Tenant shall pay Landlord (or Landlord’s property manager) the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord (or Landlord’s property manager’s) for all overhead, as additional rentgeneral conditions, within twenty fees and other costs or expenses arising from Landlord’s (20or Landlord’s property manager) days after demandinvolvement with such repairs and replacements forthwith upon being billed for same. Landlord may, an amount equal but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the difference between Premises or to the overtime Project or other premium pay to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and straight time payall rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 2 contracts

Sources: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)

Repairs. (a) Lessee shall, at its expense, take good care of the premises, which includes, but is not limited to, all electrical, plumbing, heating, air conditioning and other mechanical or machinery installations therein; all doors, as well as all plate glass doors and windows, fixtures and appurtenances therein, and shall make all repairs, alterations, replacements and modifications necessary to keep them in as good working order and condition, using material and labor of a kind and quality equal to the original work, as they were upon commencement of this Lease, including structural repairs when those are necessitated by the act, omission or negligence of Lessee or its agents, employees or invitees. The exterior walls of the Building, the windows and the portions of all window ▇▇▇▇▇ outside same are not part of the premises demised by this Lease, and Lessor hereby reserves all rights to such parts of the Building. Tenant shall not abandon or vacate the Demised Premises, shall not permit, license or suffer the occupancy of any other party in the Demised Premises and shall keep the Demised Premises (including all Fixtures) in good condition andand sidewalks, upon expiration or earlier termination of the Term, shall, subject service-ways and loading areas adjacent to the terms Demised Premises neat, clean and conditions free from dirt, rubbish, insects and pests at all times and store all trash and garbage within the Demised Premises, arranging for a regular pick up of Section 5.03(d) herein, surrender the same to Landlord in the same condition as when first occupied, reasonable wear such garbage 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 trash at Tenant’s expense. Tenant shall store all trash and garbage within the area designated by Landlord for such trash pick up and removal and only the receptacles of the size, design and color from time to time prescribed by Landlord. Tenant shall not commit operate an incinerator or allow burn trash or garbage within the Center. Tenant agrees, at Tenant’s sole cost and expense (i) to comply promptly and fully with all present and future governmental laws, ordinances, orders, rules and regulations affecting the Premises and/or Tenant’s use thereof, including without limitation, the Americans with Disabilities Act, 42, U.S.C. Section 12111, et. Seq., as amended, and/or the cleanliness, safety, occupancy and use of the same; and (ii) be committed and remain authorized to do business in the state in which the Center is located. Tenant shall make no alternations or additions to the Premises or erect any waste exterior signs other than a building standard Tenant sign (if any) provided by Landlord or damage as may be made with Landlord’s prior written consent which consent shall not be unreasonably withheld. All alterations or additions made with such consent shall be part of the Premises and the property of Landlord, subject to the terms of this Lease unless otherwise provided by the instrument of consent. Tenant’s trade fixtures, equipment or other personal property placed on the Premises may be removed by Tenant at any portion time during the Rental Term; but if installation of any of same in or on the Premises or the Building. (b) Landlord shall at removal therefrom of any thereof could deface structurally alter the Premises, Landlord’s written consent to installation must first be procured and, upon removal, 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 expense 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 damage to the Premises and/or (ii) except in the case of a fire or other casualty, precludes caused thereby shall be fully repaired promptly by Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s requestexpense. There shall be no outside storage of any kind whatsoever. Notwithstanding anything to the contrary contained herein, Landlord Tenant shall employ contractors not be responsible for roof 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 structural maintenance except to the extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time paysame may be occasioned by Tenant’s negligence.

Appears in 2 contracts

Sources: Lease Agreement (Sancilio Pharmaceuticals Company, Inc.), Lease Agreement (Sancilio Pharmaceuticals Company, Inc.)

Repairs. (a) Tenant Tenant, at its expense, shall maintain and keep the Premises and each and every part thereof (including except only that portion of the Premises, if any, that Landlord expressly elects to maintain and so notifies Tenant in writing, in which case such maintenance shall be done at Tenant's expense), including, without limitation, all Fixturesutility pipes and conduit, fixtures, heating, ventilating and air conditioning equipment exclusively serving the Premises, all signs, locks, doors, door frames, door checks, windows, window frames, storefronts, skylights and other openings in the roof or exterior walls and floor coverings in a first class order, condition and repair and shall make replacements necessary to keep the Premises in this condition. All replacements shall be of quality equal to or exceeding that of the original. Tenant shall make any and all repairs suggested at the time of the annual maintenance/inspections. Should Tenant fail to commence these repairs and replacements or otherwise maintain the Premises within three (3) days after written demand by Landlord, or shall Tenant commence but fail to complete any repairs or replacements within a twenty (20) day period after written demand by Landlord, Landlord may make the repairs or replacements and shall be promptly reimbursed by Tenant for the cost thereof, together with interest at the maximum lawful rate from the date of commencement of the work. Tenant shall repair promptly at its expense any damage to the Premises caused by Tenant or its agents or employees or caused by installation or removal of Tenant's personal property. Tenant shall maintain in good condition and, upon expiration or earlier termination of and repair the Term, shall, subject to the terms roofs 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 BuildingHVAC system. (b) Landlord shall at all times operate maintain in good condition and maintain repair the Building in accordance with the standards that are customarily followed in the operation foundations and maintenance of First-Class Office Buildings (the “Standard”). (c) Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy exterior surfaces of the Premises in making exterior walls of all buildings (exclusive of doors, door frames, door checks, windows, window frames, store fronts, sky lights and other openings therein). Tenant waives the provisions of Section 1941 and 1942 of the Civil Code of the State of California, or any repairssuperseding statute, 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 of 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 if necessary law permitting Tenant 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, repairs at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay's expense.

Appears in 2 contracts

Sources: Industrial Space Lease (Alpha Technologies Group Inc), Industrial Space Lease (Alpha Technologies Group Inc)

Repairs. Landlord shall, at Landlord’s expense, maintain and repair the Building (aincluding the Building systems) and the Land, except to the extent of Tenant’s responsibility set forth in this Article. Tenant shall keep shall, at Tenant’s expense, subject to the provisions of this lease, including Article 5, as if part of Tenant’s Work, maintain and repair the Premises (including any lavatories within the Premises) and all Fixtures) in good condition and, upon expiration or earlier termination of Building systems within and serving only the Term, shallPremises, 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 exceptedand damage for which Tenant is not responsible pursuant to this lease. If the Premises are on street level with an entry from the street directly into the Premises, Tenant shall, at Tenant’s obligation shall include expense (a) maintain and repair the obligation 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 repair reasonable wear and tear and damage for which Tenant is not responsible pursuant to this lease. Subject to Section 13.4, 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 Building (including any solar film attached thereto), the Building systems, ) or the Building’s structural components Land resulting from any act or any areas outside the Premises and which is omission of Tenant or Tenant’s obligation to perform employees or contractors, shall be performed by Landlord repaired, at Tenant’s expense, by Tenant to the reasonable satisfaction of Landlord or, at Landlord’s option, by Landlord. Tenant shall not commit or allow give prompt notice to be committed any waste or damage to Landlord if any portion of the Premises or any Building system within the Building. (b) Landlord shall Premises requires repair. Tenant 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 expense, cause vermin within the Premises in making any repairs, alterations, additions or improvements to the Building or in the cleaning and maintenance thereof; provided, however, that be exterminated (as reasonably required by Landlord). Landlord shall have no obligation liability to employ contractors Tenant, there shall be no abatement of the Rent and there shall not be deemed to be any actual or labor at so-called overtime constructive eviction of Tenant arising from Landlord performing any repairs or other premium pay rates work to 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 incur any other overtime costs or expenses whatsoeverthe Premises, except that Tenant’s Work and Tenant’s Property (all of which shall promptly be repaired by Landlord, at its expense shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair expense), but Landlord is not 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 employ overtime labor or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payexpenses.

Appears in 2 contracts

Sources: Office Lease, Office Lease

Repairs. (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) 7.1 Landlord shall at all times operate and maintain during the Building in accordance Lease Term (with the exception of Tenant’s rights with respect to the HVAC set forth in Section 6.9 above) maintain in good condition and operating order and in a manner reasonably commensurate with the maintenance standards of owners of Comparable Buildings, the structural portions of the Building, including, without limitation, all Base Building, the exterior walls, foundation, roof of the Building, the structural portions of the floors of the Building, stairs, stairwells, escalators, elevators, parking areas, exterior landscaping and all Common Areas (collectively, the “Building Structure”), and the Building’s mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems (and all associated equipment, boilers, connections and/or facilities related to such HVAC systems) (collectively, the “Building Systems”) except to the extent that such repairs are customarily followed required due to the gross negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the gross negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times (upon not less than forty-eight (48) hours advance written notice, except in the operation case of emergencies in which case no such notice shall be required and maintenance of Firstsuch entry may be at any time) to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem reasonable necessary or as Landlord may be required to do by governmental or quasi-Class Office Buildings (the “Standard”). (c) governmental authority or court order or decree. Landlord shall use reasonable efforts to minimize interference with interruption of Tenant’s use and occupancy of operations in the Premises in making during 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 expense 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 entry into the Premises and/or (ii) pursuant to this Article 7. Tenant shall at all times, except in the case of a fire emergencies, have the right to escort Landlord or other casualtyits agents, precludes Tenant from conducting its business from more than thirty percent (30%) of representatives, contractors or guests while the same are in the Premises, provided such escort does not materially and adversely affect Landlord’s access rights hereunder. 7.2 Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems. In all other casesTenant shall, at Tenant’s requestown expense, keep the Premises, including, without limitation, glass panels and partitions, washrooms, lavatories, showers, toilets, basins, and supplemental HVAC systems, including each of their respective mechanical, plumbing and electrical connections, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs within ten (10) business days following notice from Landlord (no notice shall be required in the event of an emergency), Landlord shall employ contractors or labor at so-called overtime or other premium pay rates may, but need not, make such repairs and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements to the extent it is practicable to do soreplacements, and Tenant shall pay Landlord the actual out-of-pocket cost thereof. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. 7.3 Notwithstanding the foregoing, in the event that Landlord fails to Landlord, as additional rentmake any repairs to the Premises which Landlord is required to make pursuant to the terms of this Lease (which failure to repair materially and adversely affects Tenant’s use of the Premises), within twenty thirty (2030) days after demandwritten notice from Tenant (or one (1) business day after written notice in the case of an emergency involving the likelihood of imminent harm to person or material damage to property), then Tenant may give Landlord an amount equal additional three (3) business days written notice (or additional one (1) business day’s written notice in the case of an emergency as described above) (such additional notice, a “Self Help Notice”) specifying that Tenant is going to take such required action (which notice must describe in detail the action required of Landlord pursuant to this Lease, and state in the subject line in boldface, ALL CAPS that “LANDLORD’S ATTENTION IS REQUIRED. IF LANDLORD FAILS TO COMMENCE PERFORMANCE OF ITS OBLIGATIONS WITHIN THREE (3) BUSINESS DAYS FOLLOWING THE DATE OF THIS NOTICE, TENANT SHALL EXERCISE IT’S “SELF HELP” REMEDY PURSUANT TO SECTION 7.3 OF THE LEASE”). If Landlord has not commenced to repair such problem (or reasonably objected to the difference between required action described in Tenant’s notice) within such three (3) business day period (or one (1) business day period in the overtime case of an emergency) after receipt of the Self Help Notice from Tenant (which Self Help Notice must conform with the foregoing requirements), then Tenant shall have the right to perform the required action of Landlord in a good and professional manner in accordance with all applicable laws (using vendors pre-approved by Landlord) and, provided that Landlord has not disputed or other premium objected to the required action described in Tenant’s notice, Landlord shall reimburse Tenant for the actual and reasonable costs thereof (to the extent such costs would not otherwise be payable by Tenant under this Lease) within thirty (30) days after presentation of a reasonably detailed invoice demonstrating the expenses incurred by Tenant. If Landlord does not reimburse such costs incurred by Tenant within such thirty (30) day period, then Tenant shall be entitled to pursue arbitration of Landlord’s obligation for payment of such amount in accordance with Section 7.4. If Tenant prevails in any such arbitration, and such arbitration is not subject to appeal, and Landlord does not pay the amounts finally determined to be owed within thirty (30) days after written notice of that final determination, that finally determined amount may be offset by Tenant from Rent next due and straight time paypayable under this Lease. In no event shall the total amounts offset under this Section 7.3 in any calendar month exceed twenty-five percent (25%) of the Base Rent payable in that calendar month. 7.4 In the event that under Section 7.3, Landlord and Tenant are to arbitrate a dispute over whether Landlord is obligated to reimburse Tenant for costs incurred by Tenant under Section 7.3, such dispute shall be resolved by expedited binding arbitration before a retired judge in the State of California under the auspices of JAMS (or any successor to such organization, or if there is no such successor, then to a comparable organization mutually agreed upon by Landlord and Tenant) in San Francisco, California, according to the then rules of commercial arbitration of such organization. JAMS shall be instructed to complete the arbitration within thirty (30) days.

Appears in 2 contracts

Sources: Consent to Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, Inc.)

Repairs. 14.1. Landlord shall make all repairs necessary to maintain the Building roof, exterior walls, foundation and structure and the plumbing, heating, air conditioning and electrical systems, windows and floors (aexcluding carpeting and tile) Tenant shall keep the Premises (including all Fixtures) in good condition and, upon expiration or earlier termination of the TermDemised Premises installed by Landlord, shall, subject as promptly as reasonably possible following written notice from Tenant that such repair is needed; provided however that Landlord shall undertake such repairs within thirty (30) days of receipt of such notice and diligently prosecute same to completion. In no event shall Landlord be obligated to repair any damage 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 Demised Premises caused by Tenantany act, omission or negligence of Tenant or its employees, agents, employeesinvitees, invitees and licensees to the equipment and other installations in the Premises licensees, subtenants 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 contractors except at Tenant’s expense. Notwithstanding anything to the contrary in this Lease, Tenant shall not commit or allow to be committed any waste or damage to any portion of responsible, at its sole cost and expense, for all maintenance, repairs and replacements necessary for the Premises or the Building. Tenant Improvements (b) Landlord shall at all times operate and maintain the Building in accordance with the standards that are customarily followed as such term is defined in the operation and maintenance of First-Class Office Buildings (the Work Letter attached hereto as Exhibit StandardB”). 14.2. Except as the Landlord is obligated for repairs as provided above, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Demised Premises and shall keep the Demised Premises and the fixtures therein in neat and orderly condition. If the Tenant refuses or neglects to make such repairs, or fails to diligently prosecute the same to completion, after thirty (c30) days written notice from Landlord of the need therefor (except that such notice and thirty (30) day period shall not be required in the event of an emergency), Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials furnished in, on or about the Demised Premises shall be performed and furnished by Tenant in strict compliance with all applicable Governmental Requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Center, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall use have the right to reasonably approve any and all contractors and suppliers to furnish materials and labor for such repairs. 14.3. Provided that Landlord uses reasonable efforts not to minimize materially interfere with or interrupt Tenant’s business in the Demised Premises, Landlord shall not be liable by reason of any injury to or interference with Tenant’s use and occupancy business arising from the making or not making of the Premises in making any repairs, alterations, additions additions, or improvements in or to the Building Demised Premises, or the Center, or to any appurtenances or equipment therein. Landlord shall not be liable for any failure of any utility service, but shall make its best efforts to repair such failure as quickly as possible. Notwithstanding the foregoing, in the cleaning event of an interruption of services that is within Landlord’s reasonable control and maintenance thereofdoes not result from any equipment or systems installed by Tenant and lasts in excess of three (3) business days, Tenant’s rent shall ▇▇▇▇▇ in the following proportions: (i) if the office space is rendered untenantable and unusable, 15% of rent shall ▇▇▇▇▇ from the first (1st) business day of interruption until normal service has been restored; providedand (ii) if the lab space is untenantable and unusable, however, that Landlord 70% of rent 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▇▇▇▇▇ from the first (1st) business day of interruption until normal service has been restored, except that Landlordif Tenant is able to use at least one (1) biology lab and one (1) chemistry lab, at its expense then only 25% of rent 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 so ▇▇▇▇▇; provided that either (i) results in a denial of access to each instance, Tenant does not in fact use the Demised Premises and/or (ii) except in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, during such time and Tenant shall pay promptly provides notice to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payLandlord of such interruption.

Appears in 2 contracts

Sources: Commercial Lease Agreement (Trevena Inc), Commercial Lease Agreement (Trevena Inc)

Repairs. Except as otherwise provided in Article VII, or except as resulting from Tenant's negligence, overloading or misuse, or by Tenant's failure to perform its obligations under the Lease, except as resulting from settling or sagging within standard engineering tolerance (a) Tenant shall keep provided that the Premises (including all Fixtures) in good condition and, upon expiration settling or earlier termination sagging does not affect the surface or structural integrity of the TermBuilding or in any way materially affect the ordinary and customary use of the Premises, shallor any part thereof by Tenant), 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, or except for damage or deterioration resulting from reasonable wear and tear excepteddamage, Landlord shall keep in good order, condition and repair, the roof of the Building, all gutters and downspouts, foundations, exterior (including exterior painting and finish) and structural portions of the Building, all building systems serving the Building, and all plumbing and utility lines serving the Premises, whether located within or outside of the Premises. Tenant’s obligation The Landlord's obligations shall include include, without limitation, the obligation to repair make all damage caused by Tenantnecessary repairs, its agents, employees, invitees and licensees replacements or alterations to the equipment roof, the exterior walls, the foundation, the floor slabs and all other structural elements of the Building, as well as caulking windows and precast panels and other installations portions of the Building exterior, to clean the exterior windows of the building to maintain the Building Parking Area and to maintain in good order and condition the Premises or anywhere other buildings and improvements located within the Park, including but not limited to the Common Areas of the Park. Landlord shall also maintain, repair and replace the rooftop HVAC equipment (specifically excluding all interior portions of the HVAC system including but not limited to VAV boxes, duct work, circulating pumps control systems, 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 requirements of the Landlord's Plans and Tenant's Plans, and shall assign (to the extent assignable) all warranties and guarantees with respect thereto to Tenant. Tenant may elect, at its cost and expense and upon the prior consent of Landlord (which such consent shall not be unreasonably withheld or delayed), to bring actions to enforce remedies under said warranties or guarantees 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 name of the Premises in making any repairs, alterations, additions Landlord 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 jointly with Landlord, at its no expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.;

Appears in 2 contracts

Sources: Lease Agreement (Rsa Security Inc/De/), Lease Agreement (Rsa Security Inc/De/)

Repairs. (a) Landlord shall maintain in good operating order and keep in good repair and condition, in a manner consistent with the maintenance and operations standards employed by landlords of Comparable Buildings, as part of Basic Services shall be limited to (i) the structural portions of the Building, (ii) the exterior walls of the Building, including, without limitation, glass and glazing, (iii) the roof, (iv) mechanical, electrical, plumbing, sprinkler, HVAC and life safety systems except for any lavatory, shower, toilet, wash basin and kitchen facilities that serve Tenant shall keep exclusively and were not part of the Premises base Building core infrastructure and any supplemental heating and air conditioning systems (including all Fixturesplumbing connected to said facilities or systems located in the Premises), and (v) in good Common Areas. Landlord shall not be deemed to have breached any obligation with respect to the condition and, upon expiration or earlier termination of any part of the Term, shall, subject 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: (i) Landlord shall not be required to repair damage to any of the foregoing to the terms extent caused by the negligence or willful misconduct of Tenant or it agents, employees or contractors, except to the extent covered by insurance carried by Landlord; and conditions (ii) the obligations of Section 5.03(d) herein, surrender Landlord pertaining to damage or destruction by casualty shall be governed by the same to provisions of Paragraph 9. Landlord in shall have the same condition as when first occupied, reasonable wear and tear excepted. Tenant’s obligation shall include right but not the obligation to undertake work of repair all damage caused that Tenant is required to perform under this Lease and that Tenant fails or refuses to perform in a timely and efficient manner. All costs incurred by TenantLandlord in performing any such repair for the account of Tenant shall be repaid by Tenant to Landlord within thirty (30) days of demand, its agentstogether with an administration fee equal to ten percent (10%) of such costs. Except as expressly provided in Paragraphs 9 and 12 of this Lease, employees, invitees there shall be no abatement of Rent and licensees no liability of Landlord by reason of any injury 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 interference with Tenant’s obligation to perform shall be performed by Landlord at Tenant’s expense. Tenant shall not commit business arising from the making of any repairs, alterations or allow to be committed any waste improvements in or damage to any portion of the Premises Premises, the Building or the BuildingProject. 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) Landlord Tenant, at its expense, (i) shall at all times operate and maintain keep the Building in accordance with the standards that are customarily followed in the operation and maintenance of Firstnon-Class Office Buildings (the “Standard”). (c) Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy structural, interior portions of the Premises and all fixtures contained therein in making any repairsa safe, alterationsclean and neat condition, additions and (ii) shall bear the cost of maintenance and repair, by contractors reasonably approved by Landlord, of all facilities which are not expressly required to be maintained or improvements repaired by Landlord and which are located in the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities, and supplemental heating and air conditioning systems (including all plumbing in the Premises connected to said facilities or systems installed by or on behalf of Tenant or existing in the Premises at the time of Landlord’s delivery of the Premises to Tenant and were not part of the base Building core infrastructure). Tenant shall make all repairs 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 expense shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair Premises not required to be made by it hereunder Landlord under subparagraph (a) above with replacements of any materials to remedy any condition that either (i) results in a denial be made by use of access to the Premises and/or (ii) except in the case materials of a fire equal or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premisesbetter quality. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlorddo all decorating, as additional rentremodeling, within twenty (20) days after demand, an amount equal to alteration and painting required by Tenant during the difference between the overtime or other premium pay and straight time pay.Lease

Appears in 2 contracts

Sources: Office Lease (Sienna Biopharmaceuticals, Inc.), Office Lease (Sienna Biopharmaceuticals, Inc.)

Repairs. In the event Tenant is required to restore the Leased Property pursuant to Section 10.2.2, Tenant shall commence promptly and continue diligently to perform the repair and restoration of the Leased Property (hereinafter called the “Work”), so as to restore the Leased Property in compliance with all Legal Requirements and so that the Leased Property shall be, to the extent practicable, substantially equivalent in value and general utility to its general utility and value immediately prior to such damage or destruction. Subject to the terms hereof, the Landlord shall be required to advance the insurance proceeds and any additional amounts payable by Landlord pursuant to Section 10.2.3 to Tenant regularly during the repair and restoration period so as to permit payment for the cost of any such restoration and repair. Any such advances shall be made not more than monthly within ten (10) Business Days after Tenant submits to Landlord a written requisition and substantiation therefor on AIA Forms G702 and G703 (or on such other form or forms as may be reasonably acceptable to Landlord). Landlord may, at its option, require, prior to advancement of said insurance proceeds and other amounts by Landlord, (a) approval of plans and specifications by an architect satisfactory to Landlord (which approval shall not be unreasonably withheld or delayed), (b) general contractors’ estimates, (c) architect’s certificates, (d) unconditional lien waivers of general contractors, if available, (e) evidence of approval by all governmental authorities and other regulatory bodies whose approval is required, (f) deposit by Tenant shall keep the Premises (including all Fixtures) in good condition and, upon expiration or earlier termination of the Termapplicable deductible amount with Landlord, shall, subject to the and (g) such other terms and conditions of Section 5.03(d) herein, surrender the same to as Landlord in the same condition as when first occupied, reasonable wear and tear exceptedmay reasonably require. Tenant’s obligation to restore the Leased Property pursuant to this Article 10 shall include the obligation to repair all damage caused by Tenant, its agents, employees, invitees and licensees be subject to the equipment and other installations release of available insurance proceeds by Landlord or directly to Tenant and, in the Premises or anywhere in the Building. Any maintenanceevent such proceeds are insufficient, 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 expense shall employ contractors or labor at so-called overtime or other premium pay rates if necessary electing 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time paysuch deficiency available therefor.

Appears in 2 contracts

Sources: Master Lease (CNL Income Properties Inc), Master Lease (CNL Income Properties Inc)

Repairs. (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 11.1 Tenant, at its agentssole cost and expense, 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 shall take good care of the Premises and which is the Fixtures and Building Equipment therein and 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 Property consistent 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premisesfirst-class office building. In all other cases, at Tenant’s 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 extent it is practicable to do so, and 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 additional renta 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 twenty (20) days after demanda reasonable time, an amount 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 difference between quality of workmanship and material found in the overtime original construction of the Building or other premium pay the Premises, as the case may be, and straight time payshall 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. (a) Tenant Section 7.1 Save and except for the completion of incomplete items provided for in Article II, Section 2.5 hereof, and the completion of the Deferred Maintenance Items, Tenant, at its sole cost and expense, from and after the Commencement Date and throughout the term of this Lease Agreement, shall take good care of the Demised Premises and all improvements erected thereon and shall keep the Premises (including all Fixtures) same in good condition andorder and condition, upon expiration or earlier termination and make and perform all necessary routine maintenance and repairs thereof, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, of every nature, kind and description. When used in this Article VII, 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 term “repairs” shall include the obligation to repair all damage caused by Tenantnecessary replacements, 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 repairsrenewals, alterations, additions and betterments. All repairs made by Tenant shall be at least equal in quality and cost to the original work. The necessity for or improvements adequacy of repairs shall be measured by the standards which are appropriate for buildings of similar construction and class, provided that Tenant shall in any event make all repairs necessary to avoid any structural damage or other damage or injury to the Building or in other improvements erected on the cleaning and maintenance thereof; providedDemised Premises. Landlord’s prior written consent shall be required for any Tenant repair, however, that the cost of which exceeds $15,000. Landlord shall not unreasonably withhold or delay its consent to any such repair. Section 7.2 Tenant shall put, keep and maintain all portions of the Demised Premises and the parking areas, sidewalks, curbs, entrances, passageways and all areas adjoining the same, in a clean and orderly condition, free of dirt, rubbish, snow, ice and unlawful obstructions. Section 7.3 Other than warranty work required by law, and once the Improvements and Deferred Maintenance Items have no obligation been completed, Landlord shall not be required to employ contractors furnish any services or labor at so-called overtime facilities 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 if necessary to make any repair required repairs or alterations in, about, or to the Demised Premises or any improvements erected thereon. After completion of the Improvements and the Deferred Maintenance Items, Tenant hereby assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Demised Premises and improvements thereon. Section 7.4 Tenant shall not do or suffer to be made by it hereunder to remedy done any condition that either (i) results in a denial of access waste or damage, disfigurement or injury to the Premises and/or (ii) except in Demised Premises, or any improvements erected thereon, or to the case fixtures or equipment therein, or permit or suffer to occur any overloading of a fire the floors or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) use of the Premises. In all other cases, at Tenant’s request, Landlord shall employ contractors improvements that would place an undue stress on any improvement 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payportion thereof beyond that for which such facility was designed.

Appears in 2 contracts

Sources: Lease Agreement (Accentia Biopharmaceuticals Inc), Lease Agreement (Biovest International Inc)

Repairs. 7.01. Tenant shall, at its sole cost and expense, be responsible for the maintenance and repair of the Demised Premises (aincluding 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 and appurtenances therein as and when needed to preserve them in good working order and condition (except that as to structural repairs Landlord shall be obligated to make same unless they are necessitated by any act, omission, occupancy or negligence of Tenant or by the use of the Demised Premises in a manner contrary to the purposes for which same are leased to Tenant, in which case Tenant shall be so obligated). Tenant shall keep all glass, including windows, doors and skylights, clean and in good condition and repair and Tenant shall replace any glass that may be damaged with glass of the same kind and quality. All damage or injury to the Property caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. Tenant shall promptly make all repairs in or to the Demised Premises or the Property for which Tenant is responsible, provided that any repairs required to be made to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other Building systems shall be performed only by Landlord. 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 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 Premises (including loading docks and areas adjacent thereto and the driveways and streets within the Property leading to said loading docks free of all Fixtures) in good condition anddirt, upon expiration rubbish and other obstructions arising from Tenant's use or earlier termination occupancy of any such facilities or the Term, shall, subject to the terms and conditions use 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 such facilities by Tenant's officers, its agents, employees, suppliers or invitees and licensees to the equipment and other installations in the Premises including independent contractors making deliveries 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 expensepick-ups from such loading docks. 7.03. Tenant shall not commit 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 allow heat that may be transmitted to the Building structure or to any leased space to such a degree as to be committed any waste objectionable to Landlord or damage to any portion other 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 Premises 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. (b) 7.05. 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 shall at all times operate and maintain by reason of inconvenience, annoyance or injury to business arising from the Building in accordance with the standards that are customarily followed in the operation and maintenance making 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 in or to any portion of the Building or the Demised- Premises or in the cleaning and maintenance or to fixtures, appurtenances or equipment thereof; provided, however, that . Landlord shall have no obligation exercise reasonable diligence so as to employ contractors or labor at so-called minimize any interference with Tenant's business operations, but shall not be required to perform the same on an 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 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premisesbasis. 7.06. In all other cases, at Tenant’s 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 extent it is practicable to do so, and If Tenant shall pay install a supplemental air-conditioning system subject to Landlordand in accordance with the requirements of this Lease, as additional rentTenant shall maintain same in good order and condition, within twenty (20) days 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 demand, an amount equal to the difference between the overtime or other premium pay and straight time payexecution thereof.

Appears in 2 contracts

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

Repairs. (a) Tenant LESSEE'S REPAIRS. By entry hereunder, Lessee shall be deemed to have accepted the Premises, including without limitation the hearing and air conditioning system as being in good, sanitary order, condition and repair. Lessee shall, at Lessee's sole cost and expense, keep the Premises (including all Fixtures) and every part thereof in good condition andand repair (except as hereinafter provided with respect to Lessor's obligations) including without limitation, the maintenance, replacement and repair of any storefront, doors, window casements, glazing, hearing and air-conditioning system (when there is an air-conditioning system, Lessee shall obtain and maintain in full force and effect at all times during the term of this lease a service contract for repairs amid maintenance of said system, said maintenance contract shall conform to the requirements under the warranty, if any, on said system and shall be in a form approved and with a company designated by lessor, unless Lessor elects to obtain such a contract, in which event the cost of such contract shall be included as an Adjustment under Article 9 - upon request, Lessee shall deposit with Lessor reasonably satisfactory evidence that any such contract to be maintained by Lessee has been obtained by Lessee and then is in full force and effect, including without limitation, a copy of such contract), plumbing pipes, electrical wiring and conduits. Lessee shall, upon the expiration or earlier sooner termination of the Term, shall, subject to the terms and conditions of Section 5.03(d) hereinthis Lease hereof, surrender the same Premises to Landlord the Lessor in the same condition as when first occupiedgood condition, reasonable broom clean, ordinary wear and tear and damage from causes beyond the reasonable control of Lessee excepted. Tenant’s obligation Lessee shall include also sweep and maintain in a neat and sightly condition the obligation sidewalks adjacent 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 expenseany exterior trash enclosure provided for Lessee's use. Tenant shall not commit or allow to be committed any waste or Any damage to any portion adjacent premises caused by Lessee's use of the Premises or shall be repaired at the Building. (b) Landlord shall sole cost and expense of Lessee. Lessee hereby waives any right to make repairs at all times operate and maintain the Building in accordance with the standards that are customarily followed in the operation and maintenance expense of First-Class Office Buildings (the “Standard”). (c) Landlord shall use reasonable efforts Lessor pursuant to minimize interference with Tenant’s use and occupancy Section 1942 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) Civil Code of the Premises. In State of California and all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payrights provided for by Section 1941 of said Civil Code.

Appears in 2 contracts

Sources: Shopping Center Lease (Futon World Inc), Shopping Center Lease (Futon World Inc)

Repairs. (a) Tenant Subject to Paragraph 5(b), Landlord shall make all necessary repairs to the exterior walls, exterior doors, windows, corridors and other common areas of the Building and the Project and Landlord shall keep the Premises (including Building and the Project in a safe, clean and neat condition, and use reasonable efforts to keep all Fixtures) equipment used in common with other tenants, such as elevators, plumbing, heating, air conditioning, intrabuilding network cabling and similar equipment, in good condition andand repair. Except as provided in Paragraphs 14 and 15 hereof, upon expiration there shall be no abatement of rent and no liability of Landlord by reason of any injury to or earlier termination interference with or interruption of Tenant's business arising from the Term, shall, subject to the terms and conditions failure 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)such equipment, the Building systemsmaking of any repairs, the Building’s structural components alterations 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 improvements in or allow to be committed any waste or damage to any portion of the Premises Building or Project or in or to fixtures, appurtenances and equipment therein. Tenant waives the Building. (b) Landlord shall right to make repairs 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 Landlord's expense under Section 1942 of the Premises California Civil Code, or under any law, statute or ordinance now or hereafter in making any repairs, alterations, additions or improvements to the Building or in the cleaning and maintenance thereof; provided, however, that effect. Landlord shall have no obligation to employ contractors repair until a reasonable time after receipt of notice or labor at so-called overtime or other premium pay rates or knowledge of the need for repair. The cost of all such work by Landlord shall be included in Operating Expenses pursuant to incur any other overtime costs or expenses whatsoever, except Paragraph 3. (b) Tenant agrees that Landlord, at its expense shall employ contractors or labor at so-called overtime or other premium pay rates if necessary it will make all repairs to make any repair the Premises and fixtures therein not required above to be made by it hereunder Landlord and shall do all decorating, remodeling, alteration and painting required by Tenant during the term of this Lease. Tenant will pay for any repairs to remedy the Premises, the Building or the Project made necessary by any condition that negligence or carelessness of Tenant or its assignees, subtenants, employees of their respective agents or other persons permitted in the Building or on the Project by Tenant, or any of them, and will maintain the Premises, and will leave the Premises upon termination of this Lease in a safe, clean, neat and sanitary condition. (c) Tenant's repair and maintenance obligations pursuant to Paragraph 5(b) shall extend to any non-Building standard equipment which is either (ia) results in a denial of access place in or to serve solely the Premises and/or upon execution of this Lease or (iib) except in the case of a fire is installed by or other casualty, precludes for Tenant from conducting its business from more than thirty percent (30%whether by Landlord or Tenant) of to serve solely the Premises. In Such non-standard equipment includes, but is not limited to, any supplemental heating, ventilating and air conditioning equipment (whether or not located in the Premises), water heaters, dish washers and refrigerators. Moreover, Tenant's insurance and indemnification obligations pursuant to Paragraph 20 shall extend to all other cases, at Tenant’s request, Landlord shall employ contractors or labor at sosuch non-called overtime or other premium pay rates standard equipment and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements to the extent it is practicable use and malfunctioning of such equipment. If Landlord undertakes any repair or maintenance obligation of Tenant pursuant to do soParagraph 5(b) (such as equipment located outside of but serving only the Premises), and the cost of such repair or maintenance shall be reimbursed by Tenant shall pay to Landlord, as additional rentAdditional Rent, within twenty ten (2010) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payTenant's receipt of Landlord's invoice therefor.

Appears in 2 contracts

Sources: Lease (Adforce Inc), Lease (Adforce Inc)

Repairs. (a) Tenant shall keep the take good care of Demised Premises (including all Fixtures) in good condition and fixtures therein and, upon expiration or earlier termination of the Term, shall, subject to the terms provisions of Article 4 hereof, shall, except for ordinary wear and conditions of Section 5.03(d) hereintear, surrender 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 same to Landlord in original work. Landlord, however, shall repair the same condition as when first occupiedBuilding plumbing, reasonable heating, ventilating or air conditioning and electrical systems and make structural repairs within Demised Premises arising from ordinary wear and tear exceptedor through causes over which Tenant has no control, except as otherwise provided in this Lease. Landlord may repair, at the expense of Tenant’s obligation shall include the obligation to repair , all damage caused by 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 the Building, done by Tenant or Tenant's agents, servants, employees, invitees and licensees contractors, visitors or Licensees 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, 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 equipment 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 installations glass damaged or broken from any cause whatsoever in the or about Demised Premises unless caused by or anywhere in the Building. Any maintenance, repair or replacement due to the windows (including any solar film attached thereto)sole negligence of Landlord, the Building systemsLandlord's agents, the Building’s structural components servants or any areas outside the Premises and which is Tenant’s obligation to perform employees. Except as provided in Article 10 hereof, there shall be performed no allowance to Tenant for a diminution of rental value, and no Liability on the part of Landlord by Landlord at Tenant’s expense. Tenant shall not commit reason of inconvenience, annoyance or allow injury to be committed business arising from the making of, or the failure to make, any waste repairs, alterations, decorations, additions or damage improvements in or to any portion of the Premises Building or any of the areas used in connection with the operation thereof, or Demised Premises, or in or to fixtures, appurtenances or equipment, or by reason of the act or neglect of Tenant or any other tenant or occupant of the Building. (b) ; and in no event shall 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 be responsible for any consequential damages arising or alleged to minimize interference with Tenant’s use and occupancy have arisen from any of the Premises foregoing matters except those arising as a result of Landlord's gross negligence or willful misconduct. Tenant hereby waives all rights under the provisions of Sections 1932, 1933, 1941 and 1942 of the Civil Code of the State of California and all rights under any Law in making any repairs, alterations, additions or improvements existence during the Term of this Lease authorizing a tenant to make repairs at the Building or in the cleaning and maintenance thereof; provided, however, that expense of a 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 terminate a Lease upon the complete or expenses whatsoever, except that Landlord, at its expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) partial destruction of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payteased premises.

Appears in 2 contracts

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

Repairs. (a) Tenant shall keep the Premises Lessee accepts said premises (including all Fixturesglazing, outside adjacent sidewalks and parking areas, if any) in their present condition, acknowledging same to be in good condition andorder and repair; Lessee shall maintain the said premises in as good order and repair as when received, upon expiration damage by fire, war, earthquake, or earlier termination 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 TermCalifornia Civil Code, shallor any other law which would permit Lessee to make repairs at Lessor's expense. Lessee agrees to water, subject 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 terms monthly rental. Included in repairs and conditions maintenance for which the Lessee is obligated to pay are: replacement when necessary of Section 5.03(d) hereinlight globes, surrender 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 not limit the same general provisions hereof concerning repairs. For the duration of the lease, Lessee agrees to Landlord maintain and pay for a service contract which meets the manufacturer's recommendations of the air conditioning and heating systems installed in the same condition as when first occupied, reasonable wear and tear exceptedleased premises. Tenant’s obligation Lessor shall include the obligation not be obligated to repair all damage caused by Tenantminor settlement cracks on walls or floor of the leased premises, 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 be responsible for the leaking of said walls due thereto or allow to be committed any waste or damage to any portion as the result of the Premises or the Buildingporosity thereof. (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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.

Appears in 2 contracts

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

Repairs. (a) Tenant Landlord shall keep the Premises (including all Fixtures) maintain in good condition and, upon expiration or earlier termination order and repair (as compared to other first-class properties of similar quality in the area of the Term, shallBuilding), 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 normal wear and tear excepted. Tenant’s obligation shall include and subject to casualty and condemnation, the obligation to repair all damage caused by Tenant, its agents, employees, invitees and licensees to Building (excluding the equipment Demised Premises and other installations in portions of the Premises or anywhere in the Building. Any maintenance, repair or replacement Building leased to the windows (including any solar film attached theretoother tenants), the Building systemsparking facilities, the Building’s 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 gross negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord within thirty (30) days of written demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural components or any areas outside repairs necessary for safety and tenantability. Landlord shall keep in good order and repair the roof, floor slab, gutters, downspouts, drains and leaders, load bearing structures and exterior walls of the Premises, all utility lines and systems up to their point of entry into the Premises, and all lines and systems within the Premises and which is Tenant’s obligation to perform shall be performed by Landlord at Tenant’s expense. Tenant shall that do not commit or allow to be committed any waste or damage to any portion of exclusively serve the Premises or the BuildingPremises. (b) Landlord shall at Tenant covenants and agrees that it will take good care of the Demised Premises and all times operate alterations, additions and improvements thereto and will keep and maintain the Building same in accordance with good condition and repair, except for normal wear and tear. Tenant shall as soon as reasonably practical report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the standards that are customarily followed fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord 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 operation Demised Premises or any part thereof, except as specifically and maintenance of First-Class Office Buildings (the “Standard”)expressly herein set forth. (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 Notwithstanding anything to the Building or contrary provided 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s requestthis Lease, Landlord shall employ contractors or labor at so-called overtime or make all necessary repairs and replacements to the fire protection sprinklers and systems serving the Demised Premises, all utility lines and systems up to their point of entry into the Demised Premises and all pipes, conduits, wires and other premium pay rates and incur any other overtime costs or expenses in making any repairslines running through the Demised Premises which do not exclusively serve the Demised Premises, alterationswith the cost thereof bring an Operating Expense, additions or improvements to the extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time paychargeable under Article 9 herein.

Appears in 2 contracts

Sources: Lease Agreement (Profit Recovery Group International Inc), Lease Agreement (Profit Recovery Group International Inc)

Repairs. Owner shall maintain and repair the exterior of and the public portions of the building. Tenant shall, throughout the term of this lease, take good care of the demised premises including the bathrooms and lavatory facilities (a) if the demised premises encompass the entire floor of the building), the windows and window frames, and the fixtures and appurtenances therein, and at Tenant’s sole cost and expense promptly make all repairs thereto and to the building, whether structural or non-structural in nature, caused by, or resulting from, the carelessness, omission, neglect or improper conduct of Tenant, Tenant’s servants, employees, invitees, or licensees, and whether or not arising from Tenant’s conduct or omission, when required by other provisions of this lease, including article 6. Tenant shall keep also repair all damage to the Premises building and the demised premises caused by the moving of Tenant’s fixtures, furniture or equipment. All the aforesaid repairs shall be of quality or class equal to the original work or construction. If Tenant fails, after ten (including all Fixtures10) in good condition anddays notice, upon expiration to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Owner at the expense of Tenant, and the expenses thereof incurred by Owner shall be collectible, as additional rent, after rendition of a ▇▇▇▇ or earlier termination of statement therefore. If the Termdemised premises be or become infested with vermin, Tenant shall, subject to the terms and conditions of Section 5.03(d) hereinat its expense, surrender cause the same to Landlord be exterminated. Tenant shall give Owner prompt notice of any defective condition in any plumbing, heating system or electrical lines located in the same demised premises and following such notice. Owner shall remedy the condition as when first occupiedwith due diligence, reasonable wear and tear excepted. but at the expense of Tenant, if repairs are necessitated by damage or injury attributable to Tenant, Tenant’s obligation shall include the obligation to repair all damage caused by Tenantservants, its agents, employees, invitees and or licensees to the equipment and other installations as aforesaid. Except as specifically provided in the Premises Article 9 or anywhere elsewhere in the Building. Any maintenancethis lease, 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 there shall be performed no allowance to Tenant for a diminution of rental value and no liability on the part of Owner by Landlord at Tenant’s expense. reason of inconvenience, annoyance or injury to business arising from Owner, Tenant shall not commit or allow others making or failing 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 make any repairs, alterations, additions or improvements in or to any portion of the building or the demised premises, or in and to the Building fixtures, appurtenances or in 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 cleaning and maintenance thereof; provided, however, that Landlord shall have no obligation to employ contractors covenants of this or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever, except article of this lease. Tenant agrees that Landlord, Tenant’s sole remedy at its expense shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to law in such instance will be made by it hereunder to remedy any condition that either (i) results in a denial way of access an action for damages for breach of contract. The provisions of this Article 4 with respect to the Premises and/or (ii) except making of repairs shall not apply in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s request, Landlord casualty with regard to which Article 9 hereof 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payapply.

Appears in 2 contracts

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

Repairs. Landlord shall operate, maintain and make all necessary repairs (aboth structural and nonstructural) Tenant shall keep to the roof, foundation, load-bearing walls, façade, exterior windows, those parts of the Building Systems that provide service to the Premises (including but not to the Tenant's Distribution Systems or Alterations) and the common areas of the Building, in conformance with standards applicable to comparable non-institutional first-class office buildings in the City of Boston. Tenant, at Tenant's sole cost and expense, shall take good care of the internal, non-structural portions of the Premises, and the fixtures, equipment, Alterations and appurtenances therein and the Tenant's Distribution Systems and shall make all Fixtures) repairs thereto as and when needed to preserve them in good condition andworking order and condition. Notwithstanding the foregoing, upon expiration all damage or earlier termination injury to the Premises or the Excluded Areas or to any other part of the TermBuilding and Building Systems, shallor to its fixtures, subject to the terms equipment and conditions of Section 5.03(d) hereinappurtenances, surrender the same to Landlord in the same condition as when first occupiedwhether requiring structural or nonstructural repairs, reasonable wear and tear excepted. Tenant’s obligation shall include the obligation to repair all damage caused by or resulting from negligent acts or omissions, neglect or improper conduct of, or Alterations made by, Tenant, its Tenant's agents, employees, contractors, invitees or licensees, shall be repaired at Tenant's sole cost and licensees to the equipment and other installations in the Premises or anywhere in the Buildingexpense. 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 expense 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 Tenant hereunder to remedy any condition that either shall be made by (iA) results in a denial of access Tenant to the Premises and/or reasonable satisfaction of Landlord using contractors or other service providers reasonably acceptable to Landlord (iiif the required repairs are nonstructural in nature and do not affect any Building System), or (B) except Landlord at Tenant's expense (if the required repairs are structural in nature or affect any Building System). All of the aforesaid repairs shall be of good quality and of a class consistent with non-institutional first-class office building work or construction and shall be made in accordance with the provisions of Article 7 hereof. Tenant shall give Landlord prompt notice of any defective condition in the case of a fire Building or other casualtyin any Building System, precludes Tenant from conducting its business from more than thirty percent (30%) of located in, servicing or passing through the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time paysoon as Tenant becomes aware of same.

Appears in 2 contracts

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

Repairs. (a) Tenant shall Subject to Article VI hereof, Lessee shall, during the term of this Lease, at Lessee's expense, keep the Premises (including all Fixtures) in as good order, condition and, upon expiration or earlier termination and repair as they were at the time Lessee took possession 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 occupiedsame, reasonable wear and tear and damage from fire and other casualties excepted. Tenant’s obligation Lessee shall include keep the obligation to repair all damage caused by TenantPremises in a neat and sanitary condition, its agents, employees, invitees and licensees to the equipment and other installations in Lessee shall not commit any nuisance or waste on the Premises or anywhere in, on or about the Office Complex, throw foreign substances in the Buildingplumbing facilities, or waste any of the utilities furnished by the Lessor. Any maintenance, repair All uninsured damage or replacement injury to the windows (including any solar film attached thereto)Premises or to the Office Complex caused by Lessee moving furniture, the Building systemsfixtures, the Building’s structural components equipment 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 other devices in or allow to be committed any waste or damage to any portion out of the Premises or the Building. (b) Landlord Office 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 expense to the satisfaction of Lessor. All repairs, restorations and replacements shall be in quality and class equal to the original work and shall comply with all times operate requirements of this Lease. Subject to Article II hereof and to Lessee's specific obligations, except to the extent of any damage caused by the fault or negligence of Lessee, Lessor shall maintain and keep in good order, condition and repair all common areas of the Building in accordance with Office Complex and the standards that are customarily followed in structural portions of the operation Office Complex, including the outer walls, roof, floors, foundations, load bearing members, trusses, and maintenance joists, the HVAC facilities serving the Premises, and the portions of First-Class Office Buildings (the “Standard”). (c) Landlord shall use reasonable efforts to minimize interference with Tenant’s use plumbing and occupancy electrical lines located outside of the Premises in making which serve the Premises. Lessor and its employees and agents shall have the right to enter the Premises at any reasonable time or times after twenty-four (24) hours advance notice, for the purpose of inspection, cleaning, repairs, altering or improving the same but nothing contained herein shall be construed as imposing any obligation on Lessor to make any repairs, improvements, alterations, additions or improvements installations which are the obligation of Lessee. Either party may give written notice to the Building or in the cleaning and maintenance thereof; provided, however, that Landlord shall have no obligation other party at least thirty (30) days prior 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 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 vacating the Premises and/or (ii) except in for the case express purpose of arranging a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) meeting for a joint inspection of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.

Appears in 2 contracts

Sources: Office Lease (Jda Software Group Inc), Office Lease (Jda Software Group Inc)

Repairs. 8.3.1. The Landlord, at its own expense, shall promptly repair or replace any and all defects in the Landlord Improvements and Common Areas and all latent defects in the Additional Tenant Improvements. Landlord shall also maintain, repair and replace: (a) Tenant shall keep the Premises (including all Fixtures) in good condition and, upon expiration or earlier termination structural integrity of the TermBuilding (including, shallbut not limited to, subject to the terms and conditions of Section 5.03(d) hereinfoundation, surrender the same to Landlord in the same condition as when first occupiedexterior walls (but, 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 theretoexcluding exterior glass), the Building systemssupporting framework, the Building’s structural components or floor slab (exclusive of any areas outside the Premises floor coverings), 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. roof and roof membrane); (b) Landlord the Common Areas, which shall at all times operate and maintain the Building be maintained in accordance with the standards that are customarily followed in of a Class A office park for the operation Research Triangle Park, North Carolina area; and maintenance of First-Class Office Buildings (the “Standard”). (c) any damages resulting from its or its employees, agents, or invitees negligent or willful acts. Repairs required of Landlord shall use reasonable efforts to minimize interference with be made within five (5) business days after Landlord receives written notice from Tenant’s use and occupancy , or has actual knowledge, of the Premises in making any repairsneed for the repair (except that if the repair cannot be reasonably cured within that period, alterations, additions or improvements to the Building or in the cleaning and maintenance thereof; provided, however, that Landlord shall have no obligation not be in default so long as it promptly and diligently pursues completion of the repair). Except as assigned to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoeverLandlord above, except that LandlordTenant, at its expense own expense, shall employ contractors or labor at so-called overtime or other premium pay rates if necessary maintain and repair the Premises (including, but not limited to, the repair and replacement of the exterior glass, mechanical, plumbing, electrical systems, interior walls, floors, ceilings, security systems, the sprinkler system, and the monitoring systems) and otherwise make all repairs relating to make any repair required the Premises. All repairs to be made by it hereunder to remedy any condition that either (i) results Tenant shall be made promptly, in a denial of access workmanlike manner, paid for by Tenant allowing no liens to attach either to the Premises and/or (ii) except or to Tenant’s leasehold interest, and so as not to unreasonably disturb or inconvenience other tenants in the case Building. Landlord shall have the right to require Tenant to provide such assurances as Landlord shall reasonably require (e.g., bonds, escrows, etc.) to protect Landlord against unpaid work and to require that any work be performed only by duly licensed contractors and subcontractors approved by Landlord. Landlord shall make available to Tenant any warranties Landlord has received which are applicable to the repairs to be performed by Tenant. Tenant shall reimburse Landlord for all costs incurred by Landlord (over and above those amounts reimbursed by insurance carried by Landlord), along with a ten percent (10%) overhead fee, for all repairs to the Common Areas, or Building arising out of Tenant’s or its employees, agents, or invitees, negligent or willful acts. Continuously throughout the Term, Tenant shall maintain, at its expense, a fire maintenance contract covering the HVAC system located in or serving exclusively the Premises with a service contractor acceptable to and approved by Landlord in its reasonable discretion. This contract shall provide for routine maintenance, including, but not limited to, timely changing of all filters (at recommended intervals), adjustment and inspection of air handling mechanisms and control equipment, and performance of necessary lubrication, testing, and other casualtysuch normal maintenance procedures. Notwithstanding the preceding to the contrary, precludes in the event the Tenant from conducting fails to maintain the required HVAC maintenance contract, Landlord reserves the right to arrange for the HVAC system maintenance contract and charge Tenant for the reasonable costs of that contract. 8.3.2. Notwithstanding the above provisions to the contrary, except where the need for the HVAC Capital Repair (as defined below) is caused by Tenant’s or its business from agents’, employees’ or invitees’ negligent or willful acts or Tenant’s failure to keep the required HVAC maintenance contract continuously in effect, Tenant’s repair obligations under this Lease with respect to the Premises’ HVAC system shall not include any capital repair/replacements costing more than thirty percent $2500.00 (30%) a “HVAC Capital Repair”). Landlord, after notice of the Premises. In all other casesneed for an HVAC Capital Repair is received from the Tenant, shall, at Tenant’s requestits own expense, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates promptly and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements diligently cause the HVAC Capital Repair to the extent it is practicable to do so, and be made. Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to nevertheless reimburse the difference between Landlord for the overtime or other premium pay and straight time payfirst $2500.00 of the reasonably necessary costs incurred by Landlord in completing the HVAC Capital Repair.

Appears in 2 contracts

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

Repairs. (a) Tenant shall keep the Premises (including all Fixtures) Lessee agrees to act with care in good condition and, upon expiration or earlier termination its use and occupancy of the TermLeased Premises and the fixtures therein and shall at its sole cost and expense, shallmake all such repairs thereto, subject 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 terms purposes for which same are leased to Lessee, as and conditions of Section 5.03(d) hereinwhen needed to preserve them in their condition at the Commencement Date, surrender the same to Landlord in the same condition as when first occupied, except for reasonable wear and tear excepteduse, or damage by fire or other casualty (unless the negligence of Lessee or its agents, employees, contractors or invitees is a supervening cause). Tenant’s obligation shall include All damage or injury to the obligation Leased Premises and to repair all damage its fixtures, appurtenances and equipment or the Building of which the Leased Premises are a part, or to its fixtures, appurtenances and equipment caused by TenantLessee, its agents, employees, contractors or invitees or by Lessee moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Lessee at its sole cost and licensees expense, to the equipment reasonable satisfaction of Lessor. All such aforesaid repairs, restorations and other installations replacements shall be in quality and class equal to the original work or installations. If Lessee fails to make such repairs, restorations or replacements, same may be made by Lessor at the reasonable expense of Lessee and such expense shall be collectable as Additional Rent. Lessee expressly will not cause any damage to the hallways or common areas of the Building or the Property. Except as specifically herein otherwise provided, Lessee agrees that from and after the date that possession of the Leased Premises or anywhere is delivered to Lessee, and until the expiration of the term hereof, it will keep neat and clean and maintain in good order, condition and repair, the BuildingLeased 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. Any maintenanceLessee shall, at Lessee’s expense, repair or replacement and maintain (subject to the windows (including any solar film attached thereto), provisions of this lease) the Building systems, the Building’s structural components or any areas outside the Leased Premises and which is Tenant’s obligation any part and portion thereof from time to perform time to assure that the same are kept in first-class tenantable and attractive condition throughout the term of this lease. Lessee further agrees that the Leased Premises 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 kept in a clean, sanitary and maintain the Building safe condition 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 laws of the Premises Commonwealth of Massachusetts and local ordinances, and in making 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, alterationsmaintenance or cleaning of the kitchen area, additions or improvements to if any, within the Building or Leased Premises. Lessee has the sole responsibility for maintaining and keeping in good repair the cleaning and maintenance thereof; providedkitchen area and/or any appliances. Notwithstanding the foregoing, however, that Landlord Lessor shall have no obligation the right, upon written notice to employ contractors or labor at so-called overtime or other premium pay rates or Lessee, 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 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, precludes Tenant from conducting its business from more than thirty percent (30%) assume so much of the Premisesmaintenance of the Leased Premises as Lessor, in its sole discretion deems necessary. In all other cases, at Tenant’s 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 To the extent that the Lessor elects, it is practicable to do so, shall charge Lessee the cost of such repair or maintenance. All such charges shall be due and Tenant shall pay to Landlord, payable as additional rent, Additional Rent hereunder within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.thirty

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Repairs. (a) Section 6.01. Except as provided in Articles 10 and 14, Tenant shall keep take good care of the Demised Premises (including and the fixtures wholly contained therein and all Fixtures) portions of the HVAC, mechanical, plumbing and electrical systems wholly contained 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 condition and, upon expiration working order and condition. All damage or earlier termination injury to the Demised Premises or the Building or to any building equipment or systems caused by Tenant moving property in or out of the Term, shall, subject to the terms and conditions Building or by installation or removal 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 personalty or resulting from negligence or conduct of Tenant, its employees, agents, employeescontractors, customers, invitees and licensees visitors, shall be repaired, promptly by Tenant at Tenant's expense, and whether or not involving structural changes or alterations, to the equipment satisfaction of Landlord. All repairs shall include replacements or substitutions where necessary and other installations shall be at least equal to the quality, class and value of the property repaired, replaced or substituted and shall be done in a good and workmanlike manner. Section 6.02. Landlord, at its expense, shall maintain and make all repairs and replacements, structural and otherwise, to the Premises or anywhere in exterior and public portions of the Building. Any maintenance, repair or replacement to the windows (including any solar film attached thereto), the Building systemssystems up to its connection with the Demised Premises, and to the Building’s structural components Demised Premises, unless Tenant is required to make them under the provisions of Section 6.01 or any areas outside unless required as a result of the Premises and which is Tenant’s obligation to perform shall be performance or existence of alterations performed by Landlord Tenant or on Tenant's behalf, in which event Tenant, at Tenant’s its expense, shall perform such maintenance, repairs or replacements. Tenant shall not commit notify Landlord of the necessity for any repairs for which Landlord may be responsible in the Demised Premises under the provisions of this Section. Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption or allow injury to be committed business arising from Landlord's making any waste repairs or damage changes which Landlord is required or permitted by this Lease, or required by law, to make in or to any portion of the Premises Building or the Building. (b) Landlord shall at all times operate and maintain Demised Premises, or in or to the fixtures, equipment or appurtenances of the Building in accordance with or the standards that are customarily followed in Demised Premises. Notwithstanding the operation and maintenance of First-Class Office Buildings (the “Standard”). (c) foregoing, Landlord shall use reasonable efforts to make such repairs or changes in a manner to minimize its interference with the normal conduct of Tenant’s use and occupancy 's business, provided Landlord shall not be required to employ overtime or premium labor. Section 6.03. Tenant shall not store or place any materials or other obstructions in the lobby or other public portions of the Premises in making any repairsBuilding, alterations, additions or improvements to on the Building or in sidewalk abutting 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payBuilding.

Appears in 2 contracts

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

Repairs. (a) Tenant shall shall, at ▇▇▇▇▇▇’s own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises (Premises, including all Fixtures) improvements, fixtures and furnishings therein, in good order, repair and condition andat all times during the Lease Term. In addition, upon expiration or earlier termination of the Term, Tenant shall, at ▇▇▇▇▇▇’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and conditions of Section 5.03(d) hereinadequately repair all damage to the Premises and replace or repair all damaged, surrender the same to Landlord in the same condition as when first occupiedbroken, reasonable or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear excepted. or beyond the reasonable control of Tenant; provided however, that, at Landlord’s obligation shall include the obligation option, or if Tenant fails 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 make such repairs, alterationsLandlord (or Landlord’s property manager) may, additions or improvements to the Building or in the cleaning but need not, make such repairs 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do soreplacements, and Tenant shall pay Landlord (or Landlord’s property manager) the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord (or ▇▇▇▇▇▇▇▇’s property manager’s) for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s (or Landlord’s property manager) involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, as additional rentbut shall not be required to, within twenty (20) days after demandenter the Premises at all reasonable times to make such repairs, an amount equal alterations, improvements or additions to the difference between Premises or to the overtime Project or other premium pay to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and straight time payall rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.

Appears in 2 contracts

Sources: Office Lease (Artiva Biotherapeutics, Inc.), Office Lease (Artiva Biotherapeutics, Inc.)

Repairs. (a) Tenant Tenant, at its expense, shall take good care of and repair the interior of the Demised Premises and fixtures and appurtenances located therein and replace all light bulbs. Landlord, at its expense, shall take care of, and keep the Premises in repair and good order and condition, all exterior and structural portions (including all Fixtures) in good condition andthe foundations, upon expiration or earlier termination walls roofs, windows and structural portions of the Term, shall, subject ceiling and floors) and all light fixtures. All such repairs and maintenance shall be performed promptly and in a substantial and workmanlike manner. All damage or injury to the terms Demised Premises and conditions to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of Section 5.03(d) hereinthe Building or by installation or removal of furniture, surrender fixtures or other property, or from any other cause of any other kind or nature whatsoever due to the same to Landlord in the same condition as when first occupiedneglect, reasonable wear and tear excepted. Tenant’s obligation shall include the obligation to repair all damage caused improper conduct of, or other cause by Tenant, its agentsservants, or 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 repaired, restored or replaced by Landlord at Tenant’s expense. 's sole cost and expense (except for loss or damage or other insured against risks contained in fire insurance policies with standard extended coverage, whether or not said insurance is actually purchased.) Tenant shall not commit or allow to be committed place a load upon any waste or damage to any portion floor of the Demised Premises or exceeding the Buildingfloor load per square foot area which such floor was designed to carry. (b) During the progress of any work in the Demised Premises performed by the Landlord pursuant to the provisions hereof, Landlord may keep and store therein all necessary materials, tools, supplies, and equipment. Landlord shall at all times operate not be liable for inconvenience, annoyance, disturbance, loss of business or other damage of Tenant or any subtenant by reason of making such repairs or performance of any such work, or on account of bringing materials, tools, supplies and maintain equipment into the Building in accordance with Demised Premises during the standards course thereof, and the obligations of Tenant under this Lease shall not be affected thereby, provided that are customarily followed in the operation and maintenance Landlord uses efforts reasonable under the circumstances to minimize to the extent practical any resulting inconvenience, annoyance, disturbance, loss of First-Class Office Buildings (business or other damage to Tenant or any subtenant by reason of making such repairs or the “Standard”)performance of any such work or of any of the matters referred to above. (c) Landlord Any mechanic's liens resulting from work done for, or materials furnished for, Tenant 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 expense shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made discharged 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, precludes Tenant from conducting its business from more than thirty percent within Thirty (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payTenant receives notice of any such lien at Tenant's expense.

Appears in 2 contracts

Sources: Lease Agreement (MTM Technologies, Inc.), Lease Agreement (MTM Technologies, Inc.)

Repairs. (a) a. By taking possession of the Premises, Tenant shall keep be deemed to have accepted the Premises (including all Fixtures) as being in good, sanitary order, condition, and repair. Tenant shall, at Tenant's sole cost and expense, keep and maintain the Premises and every part thereof in good condition andand repair, 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 ordinary wear and tear excepted. Tenant’s Tenant shall be responsible for replacing any damaged or broken windows in the Premises, unless such damage or breakage is caused by Landlord's employees or contractors. Tenant is responsible for the maintenance, during the Term, and any extended term, of the heat pump units, thermostats and other equipment which is associated with the heating, ventilation and air conditioning equipment ("HVAC equipment") which is located within the Premises. Tenant is responsible for the repair and replacement of the HVAC equipment within the Premises during any extended term if Tenant exercises its option to extend. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to Landlord in good 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. Landlord shall include repair and maintain the obligation to repair all damage caused structural portions of the Building, and the heating, ventilation and air conditioning equipment (including the central cooling tower and control unit) which is located outside the Premises and other tenant's premises or which serves the common areas; provided, however, that if any such maintenance and repairs are necessitated in any part or in whole by the act, neglect, fault, or omission by Tenant, its agents, servants, employees, invitees contractors, licensees or invitees, Tenant shall reimburse Landlord for the cost of such maintenance and licensees to repairs. Landlord shall also repair and replace the HVAC equipment and other installations in within the Premises or anywhere in during the Buildinginitial Term. Any maintenance, repair failure by Landlord to make any such repairs 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 any maintenance shall not constitute a breach hereof 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 21 hereof, there shall be performed no abatement of rent and no liability of Landlord by Landlord at reason of any injury to or interference with Tenant’s expense. Tenant shall not commit 's business arising from the making of any repairs, alterations, or allow to be committed any waste improvements in or damage to any portion of the Building or 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 whatsoeverfixtures, except that Landlordappurtenances, at its expense shall employ contractors or labor at so-called overtime or other premium pay rates if necessary and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any repair required to be made by it hereunder to remedy any condition that either (i) results law, statute, or ordinance now or hereafter in a denial of access to the Premises and/or (ii) except in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payeffect.

Appears in 2 contracts

Sources: Lease Agreement (RVision, Inc.), Office Lease Agreement (RVision, Inc.)

Repairs. (a) 10.01 Subject to Section 10.02 below, Tenant shall shall, at all times and at its sole cost and expense, keep all applicable parts of the Premises (including without limitation the Tenant Improvements and Tenant Alterations, windows, glass and plate glass, doors (including, without limitation, overhead and roll up doors), exterior stairs, skylights, any special office entries, interior walls and finish work, floors and floor coverings), interior and exterior, and all Fixtures) equipment and facilities within or serving the Premises, in good order, condition and, upon expiration or earlier termination and repair regardless of whether the portion of the TermPremises requiring repairs, shallor the means of repairing same, subject to are reasonably or readily accessible, and regardless of whether the terms and conditions need for such repairs or maintenance occurs as a result of Section 5.03(dTenant’s use, any prior use, vandalism, acts of third parties, Force Majeure (as defined in Article 26 below) herein, surrender or the same to Landlord in age of the same condition as when first occupiedPremises, reasonable wear and tear excepted. Tenant’s obligation shall include The standard for comparison of condition will be the obligation to repair all damage caused by Tenant, its agents, employees, invitees and licensees to the equipment and other installations in condition of the Premises or anywhere in as of the Building. Any maintenance, repair or replacement to the windows (including any solar film attached thereto), the Building systems, the Buildingoriginal date of Landlord’s structural components or any areas outside delivery of the Premises and which is Tenant’s obligation failure to meet such standard shall create the need to repair. If Tenant does not perform shall be performed by Landlord at Tenant’s expense. Tenant shall not commit required maintenance 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 the right, without waiver of Default or labor at so-called overtime or other premium pay rates or to incur of any other overtime costs right or expenses whatsoeverremedy, except that Landlord, at its expense 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 perform such obligations of access to the Premises and/or (ii) except in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at on Tenant’s 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 extent it is practicable to do sobehalf, and Tenant shall pay to Landlordwill reimburse Landlord for any costs incurred, as additional rent, within twenty (20) days after demand, together with an administrative fee in an amount equal to 10% of the difference between cost of the overtime repairs, immediately upon demand. 10.02 In the event the Premises constitute a portion of a multiple occupancy Building or otherwise at Landlord’s election, Landlord shall perform the repair and maintenance of the roof, exterior walls, exterior areas and common sewage line plumbing which are otherwise Tenant’s obligation under Section 10.01 above, and any other maintenance and repair of exterior, structural, and/or common elements which Landlord shall elect, and Tenant shall, in lieu of the obligations set forth under Section 10.01 above with respect to such items, be liable for its Proportionate Share of the expenses so incurred by Landlord; provided, Tenant shall reimburse Landlord for 100% of any such expense incurred by Landlord due to the act or omission of Tenant or any Tenant Entity. Tenant expressly waives the benefit of any statute or other premium pay legal right now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord’s expense, whether by deduction of rent or otherwise, or to terminate this Lease because of Landlord’s failure to keep the Property, or any part thereof in good order, condition and straight time payrepair.

Appears in 2 contracts

Sources: Industrial Lease Agreement, Industrial Lease Agreement (Technest Holdings Inc)

Repairs. (a) Every tenant is entitled to safe and healthy housing under Colorado’s warranty of habitability and a landlord is prohibited by law from retaliating against a tenant in any manner for reporting unsafe conditions in the tenant’s residential premises, requesting repairs, or seeking to enjoy the tenant’s right to safe and healthy housing. Tenant shall keep the Premises (including all Fixtures) clean and in good order and condition andand immediately pay Landlord, upon expiration demand, for the cost to make any repairs caused by ▇▇▇▇▇▇’s negligence or earlier termination misuse or that of Tenant’s family, guests, invitees or agents. Tenant shall give prompt notice of any non-emergency repairs or maintenance needed, via email ▇▇▇▇@▇▇▇▇▇.▇▇▇ or via the Tenant Portal, and tenant shall include complete and clear information with their request. Landlord will make reasonable efforts to make necessary repairs in a reasonable timeframe. If Tenant is experiencing an emergency, for example, lack of heat during freezing temperatures, flooding, or sewer back up, Landlord will attempt to make necessary repairs within one business day. Tenant should report all emergency repairs by calling the Landlord’s office line at G70-41G-8881. If outside of business hours, Tenant will be directed to on-call support. Email and online portal communications are NOT monitored outside of business hours, which are Monday through Friday between G:00am and 5:00pm, and we are closed for holidays. Because on-call coverage rotates, always call Landlord’s office line first rather than saving a technician’s cell phone number. Scheduling repairs may take longer than times noted above depending upon the nature of the Termissue, shallavailability of materials, subject to the terms availability of labor, etc. Resetting a circuit breaker, resetting a garbage disposal, resetting GFCI outlets, and conditions of Section 5.03(d) hereinsimilar actions that can be reasonably performed by Tenant without assistance, 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 the responsibility of Tenant prior to contacting Landlord for maintenance. Burned out light bulbs shall be promptly replaced by Landlord Tenant at Tenant’s expenseexpense with the proper size, type and wattage bulb. Tenant is not authorized to conduct any structural repairs or any cosmetic repairs that would permanently alter the appearance of the Premises in any manner. Tenant agrees that, except for any window being noted as cracked or broken on the Move-In Checklist, Tenant shall reimburse Landlord the cost to repair or replace any window that becomes cracked or broken during the Lease term. Tenants shall be responsible for damages to the Premises caused by theft, break-ins, accidents or unexplained events of the Premises. Tenants shall pay for any extermination costs for any pests, except as required by applicable law. Landlord reserves the right to charge a fee for any request made by Tenant for the repair of any item that Landlord determines was not a reasonable or necessary request. 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 liabilities or expenses whatsoever, except that chargeable to Landlord, at its expense shall employ contractors or labor at so-called overtime or other premium pay rates if necessary . Tenant must make arrangements to make any repair required to be made by it hereunder to remedy any condition that either (i) results in a denial of provide access to the Premises and/or (ii) except in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of to all persons whose entry is reasonably required to make any repairs to the Premises. In Prior to entry, ▇▇▇▇▇▇ must move all other casespersonal property from, at and clean, the area where the repairs will be made as reasonably necessary to complete the repairs. Tenant must remove or kennel unfriendly animals, or animals that will impede completion of repairs. If a repair person retained by ▇▇▇▇▇▇▇▇ is unable to enter or access the Premises, is unable to complete the repairs, or is delayed in completing the repairs due to Tenant’s requestfailure to perform any obligations stated in this Section, 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 extent it is practicable to do so, and Tenant shall pay to any charge incurred by Landlord, as additional rent, within twenty (20) days after demand, an amount equal including time and mileage and/or cost to cancel or reschedule the difference between the overtime or other premium pay and straight time payrepair.

Appears in 1 contract

Sources: Rental Agreement

Repairs. (a) Tenant SECTION 8.1. Landlord shall keep the Premises foundations, structural portions of the exterior walls (including except plate glass or glass) and roof and all Fixturesheating, air conditioning, ventilation, (except heating, air condition and ventilation systems serving the leased premises) electrical and plumbing systems exterior to the leased premises in good condition repair and, upon expiration if necessary or earlier termination required by proper governmental authority, make modification or replacements thereof; provided that Landlord shall make, at Tenant's expense: (1) all repairs, modifications or replacements to the heating, ventilation, and air conditioning equipment serving the leased premises solely even if located outside the leased premises and (2) any such repairs, modifications or replacements which become necessary or desirable by reason of the Term, shall, subject to the terms and conditions act or negligence 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, servants or employees, invitees and licensees or by reason of any illegal entry into or upon the leased premises. SECTION 8.2. Except as provided in Section 8.1 of this Article VII the Landlord shall not be obliged to make repairs, replacements or improvements of any kind upon the equipment and other installations in the Premises or anywhere in the Building. Any maintenanceleased premises, 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 equipment, facilities or fixtures therein contained, 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 be kept in good order, condition and maintain repair by Tenant, and in a clean, sanitary and safe condition and which shall not violate any applicable laws, ordinances and regulations of any governmental authority having jurisdiction. Tenant shall permit no waste, damage or injury to the Building in accordance leased premises. SECTION 8.3. Tenant shall forthwith at its own cost and expense replace with glass of the standards that are customarily followed same quality any cracked or broken glass, including plate glass or glass and any interior and exterior windows and doors in the operation leased premises, and maintenance any interior and exterior windows and doors in the leased premises. If specifically required by Landlord, Tenant shall maintain a policy or policies in companies acceptable to Landlord insuring Landlord and Tenant, as their interests may appear, against breakage of First-Class Office Buildings (all such glass in the “Standard”). (c) Landlord leased premises and shall use reasonable efforts to minimize interference deposit, such policy or policies or certificates evidencing their existence, together with Tenant’s use and occupancy evidence of the Premises in making any repairspayment of the premiums thereon, alterations, additions or improvements with Landlord at the commencement of the term and at least thirty (30) days prior 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 expense 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 expiration of access to the Premises and/or (ii) except in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payeach such policy.

Appears in 1 contract

Sources: Lease Agreement (United Community Bancshares Inc)

Repairs. (a) Landlord shall make all interior, exterior and structural repairs, excluding such repairs necessitated by the negligence or improper conduct of Tenant shall keep the Premises (or its invitees, but 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 of the roof, windows and window glass, replacement of light bulbs and fluorescent lamps, elevators, plumbing, and electrical, heating and air conditioning systems, common areas, removal of graffiti from the exterior and interior of the Building and/or the Demised Premises, and all repairs needed because of Landlord's negligence or because of defective materials or workmanship in the construction and/or improvement of the Demised Premises or of the Building of which they are a part. Landlord shall repair and maintain any sidewalks, curbs and passageways adjoining and/or appurtenant to the windows Demised Premises in good, clean and orderly condition, free of dirt, rubbish, snow, ice and unlawful obstruction. In the event Landlord fails to fulfill its obligations, Tenant may, in addition to its other remedies, give written notice to Landlord specifying the repairs required by Tenant and Landlord shall commence performance of such work within five (including 5) business days after the giving of such notice and diligently proceed to complete said work. In the event Landlord fails to so commence or diligently proceed in a continuous manner to complete said work after said written notice, Tenant, in addition to any solar film attached thereto)other remedy it may have, (i) may, as agent of Landlord, perform the Building systemssame and deduct the cost thereof from any rent due or that may become due and payable under this Lease, or (ii) withhold an amount of rent equal to 133% of the Building’s structural components or reasonable cost of such repairs as reasonably determined by Tenant until Landlord performs such repairs to the reasonable satisfaction of Tenant, at which time any areas outside amounts so withheld shall be promptly paid to Landlord. Anything to the Premises and which is Tenant’s obligation contrary notwithstanding, in the event the repairs to perform shall be performed by the Landlord at Tenant’s expense. are required to correct a hazardous condition or to end an emergency which renders the premises unsuitable for the use set forth herein, Tenant shall not commit give Landlord, its agent, superintendent or allow the person designated to be committed receive such notice, immediate notice in writing, personally or by certified mail, and Landlord, shall commence the repairs by the next business day after receipt of such notice ( the making of necessary telephone calls being deemed commencement) and diligently proceed in a continuous manner to complete said work. In the event Landlord fails to commence and complete said work after said notice, as aforesaid, Tenant (i) may, as agent for the Landlord, perform same and deduct the reasonable cost thereof from any waste rent due or damage that may become due and payable under this Lease, (ii) may withhold an amount of rent equal to any portion 133% of the Premises reasonable cost of such repairs as reasonably determined by Tenant until Landlord performs such repairs to the reasonable satisfaction of Tenant at which time any amounts so withheld shall be promptly paid to Landlord, or the Building. (biii) may give 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 a second notice (the “StandardSecond Notice). (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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay said default to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.

Appears in 1 contract

Sources: Lease Renewal and Amendment Agreement (Clipper Realty Inc.)

Repairs. (a) 9.1 Except to the extent Landlord is obligated to do so pursuant to Paragraph 9.2 hereof, Tenant shall keep 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 (including all Fixtures) and every part thereof and keep, maintain and preserve the Premises in good first class condition andand repair, 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 normal wear and tear excepted. Any such maintenance and repair shall be performed by Initials /s/ Illegible Initials /s/ Illegible 07/17/02 Landlord’s contractor, or by such contractor or contractors as Tenant may choose from an approved list to be submitted to Landlord following Tenant’s obligation request. All costs and expenses incurred in such maintenance and repair shall include be paid by Tenant as Additional Rent within ten (10) days after billing by Landlord or such contractor or contractors. Landlord shall not be liable for and, except as provided in Article 14 hereof, there shall be no abatement of 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 obligation Building, including the Premises, or in or to the fixtures, appurtenances and equipment therein. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. 9.2 Notwithstanding anything contained in subparagraph 9.1 to the contrary, (except for Tenant’s cabling wherever located, Tenant’s light fixtures, Tenant’s trade fixtures and other non-standard Building items, supplemental HVAC units, and items within the inside perimeter of the Premises which are below the ceiling tiles and above the slab; all of which shall be maintained by Tenant at its sole cost and expense) Landlord shall replace, repair and maintain all damage aspects of the Building, the Building structure, the Building plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord, and the common areas in a manner consistent with other Class “A” office buildings in Long Beach, unless such maintenance or repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Tenant, its agents, employeesservants, invitees employees or invitees, in which case Landlord shall cause the necessary maintenance or repair to be performed and licensees Tenant shall pay 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)Landlord on demand as Additional Rent, the Building systems, the Building’s structural components reasonable cost of such maintenance and repairs. 9.3 All repairs and replacements made by or on behalf of Tenant or any areas outside the Premises and which is Tenant’s obligation to perform person claiming through or under Tenant shall be made and performed by Landlord (a) 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. cost and expense and at such time and in such manner as Landlord may designate, (b) Landlord by contractors or mechanics approved by Landlord, (c) so that same shall be at all times operate least equal in quality, value, and maintain utility to the Building original work or installation, and (d) in accordance with the standards that are customarily followed Rules and Regulations for the Building adopted by Landlord from time to time and in accordance with all applicable laws and regulations of governmental authorities having jurisdiction over the operation and maintenance of First-Class Office Buildings (the “Standard”). (c) Premises. If Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy gives Tenant notice of the Premises in making necessity of any repairs, alterations, additions repairs 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 expense shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair replacements required to be made by it hereunder Tenant under Articles 9.1 and 9.2 above and Tenant fails to remedy commence diligently to effect the same within 10 days thereafter, Landlord may proceed to make such repairs or replacements and the expenses incurred by Landlord in connection therewith shall be due and payable from Tenant upon demand as Additional Rent; provided that Landlord’s making any condition that either (i) results in such repairs or replacements shall not be deemed a denial waiver of access to the Premises and/or (ii) except in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses default in making any repairs, alterations, additions or improvements failing to make the extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time paysame.

Appears in 1 contract

Sources: Office Lease (Molina Healthcare Inc)

Repairs. (a) Tenant shall 4.5.1 At all times during the Term to keep and maintain the Premises (including all Fixtures) in good and substantial repair and condition and, upon expiration (damage by the Insured Risks excepted save to the extent that payment of any insurance monies be withheld by reason of or earlier termination arising out of any act omission neglect or default of the Term, shall, subject to the terms Tenant or any sub-tenant or their respective servants agents licensees or invitees) 4.5.2 To keep in good 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 safe 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 Conduits exclusively serving the Premises and which is Tenant’s obligation to perform indemnify the Landlord against all liability howsoever arising from any failure to repair or the misuse or overloading of any Conduits serving the Premises 4.5.3 To maintain in good and serviceable repair and condition the Landlord's fixtures and fittings and all plant machinery and equipment in or upon and exclusively serving the Premises and to replace such of them as may become worn out lost unfit for use or destroyed by substituting others of a like or more modern nature and of good quality and if the Landlord shall be performed at any time so require to enter into agreements upon terms first approved in writing by the Landlord at Tenant’s expense. Tenant shall not commit with the manufacturers thereof or allow with approved maintenance contractors for the regular inspection and servicing of the same 4.5.4 To remedy any breach of covenant and to be committed any waste or damage to any portion repair and make good all defects decays and wants of repair in respect of the Premises or of which notice in writing shall be given by 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 Tenant and for which the cleaning and maintenance thereof; provided, however, Tenant may be liable hereunder within one calendar month after the giving of such notice provided 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 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 default by the Tenant it shall be lawful for (but not obligatory upon) the Landlord (but without prejudice to the right of re-entry hereinafter contained or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) rights of the Premises. In Landlord with regard thereto) to enter upon the Premises and remedy the breach and/or make good such defects decays and wants of repair and the cost thereof and all expenses (including Surveyors' and other cases, professional fees) together with interest thereon at Tenant’s request, the Stipulated Rate from the date of expenditure by the Landlord until payment by the Tenant as well after as before judgment 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 the option of the Landlord be a debt due from the Tenant to the extent it is practicable to do so, Landlord and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.be forthwith recoverable by action

Appears in 1 contract

Sources: Lease (4front Software International Inc/Co/)

Repairs. 12.1 Landlord shall, throughout this Lease Term and at its sole cost and expense, maintain and repair in good condition and make all replacements to, the exterior of the building, the roof system, foundation system, exterior walls and structural portions of the building in which the Premises are located, including without limitation gutters and down spouts, sprinkler system, all electrical, gas, sewage and water lines and conduit to the point of connection at the rear, interior of the Premises or permanently embedded in the walls, ceiling or foundation of the Premises or serving parts of the Shopping Center in addition to the Premises. Landlord shall make all replacements and repairs to the Premises covered under contractor's, manufacturer's, vendor's or insurer's warranties which are not assignable to Tenant under the provisions of Section 12.2. Landlord expressly warrants the good condition and operation of, and shall maintain, repair and make all replacements to, the heating, venting and air conditioning system (a"HVAC") serving the Premises for a period of twelve (12) months from the Commencement Date. Subject to the waiver of subrogation provisions set forth in Section 15.5, repairs of any of the foregoing which are the result of Tenant's, or its agent's, contractor's or employee's, negligence or misconduct shall be made at Tenant's sole cost and expense. Landlord shall at Landlord's sole cost and expense (I) paint those portions of the exterior of the building in which the Premises are located which are painted and power wash or clean, as applicable, the remaining exterior when necessary, but in no event less than once every five (5) years and (ii) remove any graffiti on or other defacement to the exterior walls of the Premises. 12.2 Tenant shall keep repair and maintain in good condition the interior of the Premises, and windows, plate glass, glass doors, and the HVAC on the roof of the Premises (including all Fixturesafter the expiration of Landlord's twelve (12) month obligation set forth in good condition andSection 12.1 above), upon expiration but excluding repairs due to fire or earlier termination other casualty, condemnation or the negligence or misconduct 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 TenantLandlord, its agents, contractors or employees, invitees and licensees or repairs required as a result of the failure of Landlord to maintain or repair any part of the equipment and building or other installations improvements as specified in Section 12.1 above or as a result (I) of failure of Landlord or its architects, contractors or consultants to comply with applicable Regulations in the Premises design 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 construction of the Premises or the Building. (b) Landlord shall at all times operate and maintain the Building in accordance with which the standards that are customarily followed Premises is situated, or (ii) defects 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 design or construction of the Premises in making any repairsor such Building, alterations, additions or improvements to the Building or in the cleaning and maintenance thereof; provided, however, that all of which Landlord shall have no obligation to employ contractors correct or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever, except that Landlord, repair at its expense shall employ contractors sole cost and expense. ▇▇▇▇▇▇▇▇ agrees to assign to Tenant all warranties received in connection with the construction of the Premises or, if any warranty is not assignable, ▇▇▇▇▇▇▇▇ agrees to enforce such warranty on behalf of Tenant. 12.3 Any repair, alteration, addition 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 improvement of a denial of access structural nature to the Premises and/or (iiother than with respect to any such work performed by Tenant pursuant to Section 13.1 below) except in or to the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) exterior of the Premises. In all other casesPremises or Common Area, or any part thereof, which may be necessary or required by reason of any Regulation shall be immediately made by and at Tenant’s request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates the cost and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements to the extent it is practicable to do so, and Tenant shall pay to expense of Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.

Appears in 1 contract

Sources: Build to Suit Lease

Repairs. A. Landlord shall make, at Landlord’s sole cost and expense, all repairs necessary to maintain the structural, plumbing, HVAC and electrical systems, exterior doors and windows, floors (aexcept carpeting). Landlord shall commence such repairs as promptly as the circumstances reasonably permit and in no event later than thirty (30) days of Landlord’s receipt of written notice from Tenant that such repairs are needed and thereafter shall diligently pursue the same to completion with reasonable promptness. If Landlord fails to complete such repairs in a timely manner as herein provided^ Tenant may complete the repairs at Landlord’s cost and expense, and deduct the amount thus expended from the rent falling due hereunder. B. Except as the Landlord is obligated for repairs as herein provided. Tenant shall make at Tenant’s sole cost and expense all repairs necessary to maintain the Premises and shall keep the Premises (including all Fixtures) and the fixtures therein in good condition andneat and orderly condition. If the Tenant refuses or neglects to make such repairs, upon expiration or earlier termination of the Term, shall, subject fails to the terms and conditions of Section 5.03(d) herein, surrender diligently prosecute the same to completion, or requests Landlord in to perform additional work outside of Landlord’s requirements under this Lease and on behalf of Tenant, after thirty (30) days written notice from Landlord of the same condition need therefore, Landlord may make such repairs at the expense of Tenant and such expense, along with a fifteen per cent (15%) service charge, shall be collectible as when first occupied, reasonable wear and tear excepted. additional rent. C. Landlord shall not be liable by reason of any injury or to interference with Tenant’s obligation shall include business arising from the obligation making of any repairs in accordance with this Article 16 in or 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) Building or to any appurtenances or equipment therein unless attributable to the gross negligence or misconduct of Landlord, its employees or agents. Landlord shall at all times operate and maintain the Building in accordance interfere as little as reasonably practicable with the standards that are customarily followed in the operation and maintenance conduct of First-Class Office Buildings (the “Standard”). (c) Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy business. There shall be no abatement of the Premises in making any rent because of such repairs, alterations, additions or improvements to the Building or except as provided 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payArticle 20 hereof.

Appears in 1 contract

Sources: Lease Agreement (Pdi Inc)

Repairs. (a) Tenant shall keep Lessor shall, on behalf of Lessee, and at Lessee's cost and expense, maintain and repair the Premises (including all Fixtures) in good condition and, upon expiration or earlier termination public portions of the Termbuilding, shallboth exterior and interior. The expense thereof incurred by Lessor shall be collectable as additional rent from Lessee, subject to the terms after rendition of a bill ▇▇ statement therefor, and conditions of Section 5.03(d) herein, surrender the same to Landlord payable in the same condition manner as set forth herein for the payment of rent. Lessee shall, throughout the term of this Lease, take good care of the demised Premises and the fixtures and appurtenances therein and at Lessee's sole cost and expense, make all non-structural repairs thereto as and when first occupiedneeded to preserve them in good working order and condition, reasonable wear and tear tear, obsolescence and damage from the elements, fire or other casualty, excepted. Tenant’s obligation shall include Notwithstanding the obligation to repair 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 Tenantor resulting from carelessness, its omission, neglect or improper conduct of Lessee, Lessee's servants, agents, employees, invitees or licensees, shall be repaired promptly by Lessee at its sole cost and licensees expense, to the equipment satisfaction of Lessor reasonably exercised. Lessee shall also repair all damage to the building and other installations the demised Premises caused by the moving of Lessee's fixtures, furniture or equipment. All the aforesaid repairs shall be of quality or class equal to the original work or construction. If Lessee fails after ten days notice to proceed with due diligence to make repairs required to be made by Lessee, the same may be made by Lessor at the expense of Lessee and the expenses thereof incurred by Lessor shall be collectible as additional rent after rendition of a bill ▇▇ statement therefor. Lessee shall give Lessor prompt notice of any defective condition in any plumbing, heating system or electrical lines located in, servicing or passing through the demised Premises and following such notice, Lessor shall remedy the condition with due diligence, on behalf of and at the expense of Lessee, which expense shall be collectible as additional rent and shall be payable in the Premises same manner as is rent hereunder, as aforesaid. Except as is specifically provided for in Paragraph 11 or anywhere elsewhere in the Building. Any maintenancethis Lease, 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 there shall be performed no allowance to Lessee for a diminution of rental value and no liability on the part of Lessor by Landlord at Tenant’s expense. Tenant shall not commit reason of inconvenience, annoyance or allow injury to be committed any waste business arising from Lessor, Lessee or damage others making or failing 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 make any repairs, alterations, additions or improvements in or to any portion of the building or the demised Premises or in and to the Building fixtures, appurtenances or in the cleaning and maintenance equipment 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 expense 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 . The provisions of access this Paragraph 8 with respect to the Premises and/or (ii) except making of repairs shall not apply in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premisescasualty which is addressed in Paragraph 11 hereof. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.3

Appears in 1 contract

Sources: Sub Lease Agreement (Complete Wellness Centers Inc)

Repairs. (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 expense5.01. Tenant shall not commit or allow to be committed any waste or damage to any portion take good care of the Demised 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other casesand, at Tenant’s requestsole cost and expense, shall make all repairs and replacements, structural and otherwise, as and when needed to preserve the Demised Premises in good working order and condition, except that Tenant shall not be required to make any such structural repairs or structural replacements to the Demised Premises unless necessitated or occasioned by the acts, omissions or negligence of Tenant or any person claiming through or under Tenant, or any of their servants, employees, contractors, agents, visitors or licensees, or by the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any such person. Without affecting Tenant’s obligations set forth in the preceding sentence, Tenant, at Tenant’s sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant’s Personal Property and to any Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant (except if due to any defect or mistake in work performed by Landlord and discovered within one (1) year of installation of such work) and (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air conditioning equipment (except Base Building HVAC), private elevators, escalators, conveyors or mechanical systems which may be installed in the Demised Premises by Landlord, Tenant or others (except if due to any defect or mistake in work performed by Landlord and discovered within one (1) year of installation of such work). However, the provisions of the foregoing sentence shall not be deemed to give to Tenant any right to install air conditioning equipment, elevators, escalators, conveyors or mechanical systems. All repairs and replacements made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with, and subject to the provisions of the third (3rd) sentence of Section 3.01 and shall be at least equal in quality and class to the original work or installation. Without limiting or waiving Landlord’s rights and remedies against Tenant for its failure to comply with its obligations under this Lease, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates operate, maintain, replace (if necessary) and incur any other overtime costs or expenses in making any repairsrepair (both structural and nonstructural) the structural slabs constituting the core floors and ceilings, alterationsstructural columns, additions or improvements public portions of the Building, exterior walls, all exterior windows and the mechanical (including Base Building heating, ventilation and air conditioning [but as to the extent it is practicable Demised Premises, only within the mechanical room, if applicable]), electrical, elevator, plumbing (including water and waste lines), life safety, steam and other service systems of the Building serving space in the Building generally (the “Building Systems”), to do soa standard similar to that of comparable Class A office buildings in the Borough of Manhattan. In addition, Landlord shall keep the common areas of the Building clean and Tenant shall pay well lighted in a standard similar to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to that of comparable Class A office buildings in the difference between the overtime or other premium pay and straight time payBorough of Manhattan.

Appears in 1 contract

Sources: Lease Agreement (Majesco)

Repairs. (aA) Tenant Subject to Paragraph 5(B), Landlord shall cause all necessary repairs to be made TO the structure exterior doors, windows, corridors and other common areas of the Building and the Project and Landlord shall cause the Building and the Project to be kept in a safe, clean and neat condition and shall use reasonable efforts to keep the Premises all equipment used in common with other tenants (including all Fixturessuch as elevators, plumbing, heating, air conditioning and similar equipment) in good condition andand repair. Except as provided in Paragraph 13 hereof, 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 there shall be performed no abatement of Rent and no liability of Landlord by Landlord at reason of any injury to or interference with Tenant’s expense. Tenant shall not commit 's business arising from the making of any repairs, alterations or allow to be committed any waste improvements in or damage to any portion of the Premises Building or the BuildingProject or in or to fixtures, appurtenances and equipment therein or thereon. (bB) Landlord shall at Tenant agrees that 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 repairs 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 expense shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair not required above to be made by it hereunder Landlord and all decorating, remodeling, alteration and painting required by Tenant during the term of this Lease, if approved by Landlord, shall be made by Landlord at the sole cost and expense of Tenant. Tenant shall have the freedom to remedy any condition perform its own interior decorating of the Premises provided that either (i) results in a denial of access no permits are required for same. Tenant will pay for any; repairs to the Premises and/or (ii) except Premises, the Building or the Project made necessary by any negligence or willful acts or omissions of Tenant or its assignees, subtenants, employees or their respective agents or other persons permitted in the case Building or on the Project by Tenant, or any of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do sothem, and Tenant shall pay to Landlordwill maintain the Premises, as additional rentand, within twenty (20) days after demandupon termination of this Lease, an amount equal to will leave the difference between the overtime or other premium pay Premises in a safe, clean, neat and straight time paysanitary condition, normal wear and tear excepted.

Appears in 1 contract

Sources: Lease Agreement (Diva Systems Corp)

Repairs. (a) Tenant shall shall, at all times during the term hereof and at Tenant's sole cost and expense, keep the Premises (including all Fixtures) in good condition andand repair, upon expiration ordinary wear and tear and damage thereto by fire, earthquake, act of God or earlier termination the elements excepted. Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises. Tenant shall at the end of the Termterm hereof surrender to Landlord the Premises and all alterations, shall, subject additions and improvements thereto (except to the terms and conditions of Section 5.03(dextent Tenant is required to remove any such alterations, additions or improvements pursuant to subparagraph 8(b) herein, surrender the same to Landlord above) in the same condition as when first occupiedreceived, reasonable ordinary wear and tear and damage by fire, earthquake, act of God or the elements excepted. Without limiting the foregoing, Landlord shall have the right to require Tenant to replace or reimburse Landlord for replacement of all plate glass or windows in or upon the Premises or the Project which are broken by Tenant’s , its employees, agents, guests or invitees. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, except as specifically set forth in this Lease (including the Work Letter). No representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically herein set forth. (b) Landlord shall include maintain the obligation to roof, exterior walls, structural elements and foundation of the Building, Building systems and all Project common areas including, without limitation, the driveways, parking areas, walkways and landscaping for the Project, and all utility lines located within the Project but not exclusively within the Premises, in compliance with all applicable laws and in good order, condition and repair all except for uninsured damage caused by the act of Tenant, its agents, employees, invitees and licensees to the equipment and other installations in the Premises guests or anywhere in the Building. Any maintenanceinvitees, 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 uninsured damage shall be performed repaired at Tenant's expense by Landlord at or 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payLandlord may elect.

Appears in 1 contract

Sources: Lease (RingCentral Inc)

Repairs. (a) Landlord shall maintain, in good order, condition and repair, reasonable wear and tear and damage by casualty or eminent domain excepted, as part of Basic Services, the following: (i) the structural portions of the Building, (ii) the exterior walls of the Building, including, without limitation, glass and glazing, (iii) the roof foundation and facades of the Building, (iv) all Building Systems, (v) the base building lavatories, (vi) the Common Areas, and (vii) all base building fire and life safety systems, sprinklers and smoke detectors. Landlord shall not be deemed to have breached any obligation with respect to the condition of any part of the Land or Building unless Tenant has given to Landlord written notice of any required repair and Landlord has not made such repair within a reasonable time following the receipt by Landlord of such notice. The foregoing notwithstanding, (i) Tenant shall keep pay for the Premises cost of any repairs as a result of damage to any of the foregoing to the extent caused by the acts or omissions of Tenant or it agents, employees or contractors, except to the extent such repairs are covered by insurance carried by Landlord pursuant to the provisions of Section 8(e) below; and (ii) the obligations of Landlord pertaining to damage or destruction by casualty shall be governed by the provisions of Section 9. 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 refuses to perform in a timely and efficient manner, and such repair is not completed within thirty (30) Business Days after delivery of notice thereof by Landlord to Tenant. All costs incurred by ▇▇▇▇▇▇▇▇ 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 fifteen percent (15%) of such costs. There shall be no abatement of Rent, no liability of Landlord by reason of any injury to or interference with ▇▇▇▇▇▇’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, the Building or the Land, excepting only to the extent caused by the negligence or willful misconduct of Landlord. Tenant waives the right to make repairs at Landlord’s expense under any Law now or hereafter in effect. (b) Tenant, at its expense, (i) shall maintain the Premises, in good order, condition and repair, reasonable wear and tear and damage by casualty or eminent domain excepted, and (ii) shall bear the cost of maintenance and repair, by contractors approved by Landlord in its reasonable discretion, of all facilities which are not expressly required to be maintained or repaired by Landlord and which exclusively serve the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities, and supplemental heating and air conditioning systems (including all Fixturesplumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in the Premises at the time of Landlord’s delivery of the Premises to Tenant). Tenant shall make all repairs to the Premises with replacements of any materials to be made by use of materials of equal or better quality. Tenant shall pay for the cost of any repairs to the Premises, the Building and/or the Land 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, the Building or the Land by Tenant, except to the extent such repairs are covered by insurance carried by Landlord or Tenant pursuant to the provisions of Section 8(e) below. If Tenant fails to commence such repairs or replacements within fifteen (15) days after written notice from Landlord, or thereafter to prosecute diligently such repairs to completion, then Landlord may at its option make such repairs or replacements, and Tenant shall upon 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 good condition a safe, clean and neat condition, normal wear and tear excepted. Except as otherwise set forth in Section 4(b) of this Lease, Tenant shall remove from the Premises all Specialty Alterations (subject to the provisions of Section 4(f)), trade fixtures, furnishings and other personal property of Tenant and, upon (unless otherwise directed by ▇▇▇▇▇▇▇▇) all computer and phone cabling and wiring installed by or on behalf of Tenant, shall repair all damage caused by such removal. In addition to all other rights Landlord may have, in the event Tenant does not so remove any such fixtures, furnishings or personal property by the expiration or earlier termination of the TermTerm of this Lease, shallthen Tenant shall be deemed to have abandoned the same, subject to the terms and conditions in which case Landlord may store or dispose 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 , appropriate the Premises or same for itself, and/or sell the Buildingsame in its discretion. (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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.

Appears in 1 contract

Sources: Office Lease (enGene Holdings Inc.)

Repairs. Section 11.01 Tenant, at its sole cost and expense, shall take good care of the Premises and Building Equipment therein and Tenant's Property and the Fixtures. Tenant, at its sole cost and expense, shall make and be responsible for all repairs, interior or exterior, structural and otherwise, ordinary or extraordinary as and when needed to preserve the Premises and the Building Equipment therein and Tenant's Property and the Fixtures in good working order and condition, the need for which arises primarily and directly out of (a) Tenant shall keep the Premises installation, use, existence or operation of Improvements, Tenant's Property or Fixtures, (including all Fixturesb) the moving of Tenant's Property or Fixtures in good condition and, upon expiration or earlier termination out of the TermBuilding or the Premises, shall(c) the acts, subject to the terms and conditions omissions, negligence or misuse of Section 5.03(d) hereinTenant or any of its subtenants or any of its or their employees, 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, employeescontractors, Licensees or invitees and licensees to the equipment and other installations in the Premises or anywhere in the Building. Any maintenance, repair their use or replacement to the windows (including any solar film attached thereto), the Building systems, the Building’s structural components occupancy 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 manner of use or allow to be committed any waste or damage to any portion occupancy of the Premises or the Building. (b) Landlord shall at all times operate and maintain the Building otherwise than in accordance with the standards that 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 customarily followed in not invalidated and the operation and maintenance rights of First-Class Office Buildings Landlord are not adversely affected by this provision) or (the “Standard”). (cd) 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 pursuant to the Building or in the cleaning and maintenance thereof; provisions of Section 9.01A, 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 acts, omissions, negligence or willful misconduct of Landlord, its agents, other tenants, contractors or employees. Tenant, at its sole cost and expense, 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 expense, all repairs in or to the Premises for which it is primarily and directly responsible. If the Premises shall include any space on any ground, street, mezzanine or basement floor in the Building, Tenant, at its sole cost and expense, shall make all necessary repairs to all windows and other glass in, on or about such space and put, keep and maintain all portions of the Premises 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 10, 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. Section 11.02 Landlord shall operate the Building as a first-class office building with retail stores. Landlord shall, at its expense, make or cause to be made all necessary repairs to keep the Building in good order and repair excluding, however, (a) repairs of Tenant's Property or Improvements not occasioned by Landlord's acts, omissions, negligence or willful misconduct and (b) repairs which Tenant is obligated to make pursuant to Section 11.01 and the other terms of this Lease. Landlord shall, at Tenant's sole cost and expense, perform all maintenance and make all necessary repairs to the air 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 to paint the Premises. No liability of Landlord to Tenant shall, however, accrue under this Section unless and until Tenant has given notice to Landlord of the specific repair required to be made, or of the failure properly to furnish any service. Section 11.03 Tenant recognizes and acknowledges that the 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 employ contractors endeavor to reduce such vibration, noise, heat 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 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 cold beyond what is prevalent in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payBuilding.

Appears in 1 contract

Sources: Lease Agreement (Vringo Inc)

Repairs. (a) Tenant Landlord shall use commercially reasonable efforts to keep the Premises (including Common Areas of the Building and the Project in a clean and neat condition similar to other first class office buildings in the area of the Project. Subject to Subparagraph 5(b) below, Landlord shall make all Fixtures) necessary repairs, within a reasonable period following receipt of notice of the need therefor from Tenant, to the foundation, root exterior walls, exterior doors and windows of the Building, and to public corridors and other public areas of the Project not constituting a portion of any tenant's premises and shall use commercially reasonable efforts to keep all Building standard equipment and systems used by Tenant in common with other tenants 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 occupiedrepair, reasonable wear and tear excepted. Notwithstanding the foregoing, Tenant shall be solely responsible for the repair and maintenance of and all damage to, the Building or the Project resulting from the design and operation of all improvements which are not Building Standard Installations (described in the Work Letter) in or serving the Premises installed at the request of Tenant (regardless of whether installed by Landlord, its agents or contractors or third-party contractors). Except as provided in Paragraph 9, there shall be no abatement of Rent, and Landlord shall not be liable for any injury to, or damage suffered by Tenant’s obligation , including, without limitation, interference with Tenants 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 Sections 1941 and 1942 of the California Civil Code, and under all other similar laws, statutes or ordinances now or hereafter in effect. (b) Tenant, at its expense, (i) shall include keep the obligation Premises and all fixtures contained therein in a safe, ▇▇▇▇ and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors selected by Tenant and reasonably approved by Landlord, of all facilities which do not constitute the Outline Specifications as set forth in Exhibit "H" attached hereto located in the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities, and Premises specific heating and air conditioning Systems (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in the Premises at the time of Landlord's delivery of the Premises to Tenant). Tenant shall make all repairs to the Premises not required to be made by Landlord under Subparagraph 5(a) above with replacements of any materials to be made by use of materials of equal or better quality. Tenant shall do all decorating, remodeling, alteration and painting required by Tenant during the term of this Lease. Tenant shall pay for the cost of any repairs to 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 (c) Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in a safe, clean and neat condition; ordinary wear and tear excepted. Tenant shall remove from the Premises all trade fixtures (which are not required to be surrendered with the Premises pursuant to the provisions of Subparagraph 4(b) hereof), furnishings and other personal property of Tenant shall repair all damage caused by Tenantsuch removal, and shall restore the Premises to its agentsoriginal condition, employeesreasonable wear and tear excepted. In addition to all other rights Landlord may have, invitees and licensees to the equipment and other installations in the Premises event Tenant does not so remove any such fixtures, furnishings or anywhere in the Building. Any maintenancepersonal property, 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 Tenant shall be performed by deemed to have abandoned the same, in which case, Landlord at Tenant’s expense. Tenant shall not commit or allow to be committed any waste or damage to any portion of may store 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other casessame, at Tenant’s request's sole cost and expense, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses appropriate the same for itself, and/or sell the same in making any repairs, alterations, additions or improvements to the extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payits discretion.

Appears in 1 contract

Sources: Office Lease (MSC Software Corp)

Repairs. (a) Tenant shall shall, at its sole cost and expense, maintain, repair and keep the Premises (including including, without limitation, all Fixturestenant improvements) in good order and condition (except that as to structural repairs, Landlord shall make same at its sole cost and expense (except to the extent such costs and expenses are includable in Operating Expenses) unless necessitated by any act, omission, occupancy or negligence of Tenant (including, without limitation, by reason of any Alterations or any breach of this Lease by Tenant) or by the use of the Premises in a manner contrary to the purposes for which same are leased to Tenant, in which case Tenant shall be so obligated to pay for same) and, upon the expiration or earlier termination of the Term, shall, subject to the terms and conditions of Section 5.03(d) herein, shall surrender the same to Landlord in the same condition as when first occupied, reasonable wear and tear exceptedrequired under this Lease. Tenant’s 's obligation shall include include, without limitation, 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 Premises, the Property, the Complex, and the Building. Any maintenance, repair or replacement to the windows (including including, without limitation, any solar film attached thereto), the Building building systems, the Building’s building's structural components or any areas outside the Premises and which is Tenant’s 's obligation to perform shall be performed by Landlord at Tenant’s 's reasonable expense. Tenant shall not commit or allow to be committed any waste or damage to any portion of the Premises the Property, the Complex, or the Building. (b) Except to the extent same is Tenant's responsibility pursuant to the provisions of this Lease, Landlord shall at maintain in good order and condition the exterior and the structural elements of the Building, including the structural portions of the Premises, and all times operate Common Areas and maintain the condenser water, plumbing, electrical, mechanical and other Building in accordance with systems serving the standards that are customarily followed Premises (excluding all distributions of such systems in the operation Premises and maintenance the bathrooms on full floors of First-Class Office Buildings (the “Standard”Premises). (c) . In addition, Landlord shall use make all repairs, restorations and replacements, structural and otherwise, interior and exterior, ordinary and extraordinary, in and to the Premises the need for which arises out of the negligence or willful misconduct of Landlord or its employees, agents or contractors. All such repairs shall be made and performed with reasonable efforts diligence to minimize interference with the conduct of Tenant’s use 's business and occupancy of the Premises in making any repairs, alterations, additions or improvements access to the Building or in the cleaning and maintenance thereof; Premises, provided, however, that nothing contained in this sentence shall be deemed to impose upon Landlord shall have no any obligation to employ contractors or labor at so-called overtime or other premium pay rates (unless landlords of unaffiliated first class office buildings in the vicinity of the Building generally would do so under similar circumstances or otherwise if Tenant agrees to incur any other overtime costs or expenses whatsoever, except that Landlord, at its expense shall employ contractors or labor at so-called pay for such 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 (irates). Landlord shall perform its obligations under this Section 7.04(b) results in a denial manner consistent with unaffiliated first class office buildings of access to the Premises and/or (ii) except like age, construction and size in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) vicinity of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payBuilding.

Appears in 1 contract

Sources: Sublease Agreement (Instinet Group Inc)

Repairs. LESSOR 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 (a) Tenant the cost of which shall keep 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 five (including all Fixtures5) 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 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 condition and, upon 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 earlier sooner termination of the Term, shall, subject to the terms this LEASE in as good condition and conditions of Section 5.03(d) herein, surrender the same to Landlord in the same condition repair as when first occupiedreceived, reasonable wear and tear and casualty excepted. Tenant’s obligation shall include All damage or injury to the obligation to repair all damage Office Building, Premises, the Common Areas, or the equipment serving same, caused by Tenantor resulting from LESSEE's misuse, or the act or negligence of LESSEE, its agents, employees, licensees, 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 visitors shall be performed promptly reported to LESSOR and repaired by Landlord LESSOR at Tenant’s 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. Tenant shall not commit or allow to be committed any waste or damage to any , that portion of the Premises or water, plumbing, sewer, electrical and sprinkler systems located within 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) perimeter of the Premises. In LESSOR shall assign to LESSEE any and all other cases, at Tenant’s 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 warranties applicable to the extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time paysuch items.

Appears in 1 contract

Sources: Lease Agreement (Coastal Bank Corp)

Repairs. 9.1 Landlord agrees to repair and maintain the structural portions of the Building and the plumbing, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord therein (aincluding the Chiller), unless such maintenance and repairs are (i) attributable to items installed in the Premises by Tenant or which are above Building Standard interior improvements (such as, for example, custom lighting, special HVAC systems kitchen or non-Building-standard restroom facilities not indicated on the Base Building Plans and appliances constructed or installed within the Premises) or (ii) caused by the willful misconduct or gross negligence of Tenant or its agents, contractors, invitees and licensees, in any which case Tenant will pay to landlord, as additional rent, the actual cost of such maintenance and repair plus, in the case of maintenance and repairs described in subsection (ii) above, a fee equal to ten percent (10%) of the actual costs to cover overhead and a fee for Landlord’s agent or manager. 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, alter, remodel, improve, repair, decorate, or paint the Premises, the Building or the Project or any part thereof, except as specifically set forth in this Lease. In no event shall Landlord have any obligation to maintain, repair or replace any furniture, furnishings, fixture’s or personal property of Tenant unless resulting from the gross negligence or willful misconduct of Landlord or its employees, agents, or contractors and not covered by insurance maintained or required to be maintained by Tenant under this Lease. Tenant hereby waives the provisions of California Civil Code Sections 1932(1); 1941 and 1942 and of any similar law, statute or ordinance now or hereafter in effect. 9.2 Except to the extent that the same is Landlord’s responsibility under Section 9.1, and except to the extent that the need for any maintenance and repair is the result of Landlord’s or its employee’s, contractor’s, or agent’s gross negligence or willful misconduct and is not covered by insurance maintained, or required to be maintained, by Tenant under this Lease, Tenant shall keep the Premises (including all Fixturesincluding, the Leasehold Improvements) in good condition andorder and in a safe, upon expiration or earlier termination of the Termneat and clean condition, 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 normal wear and tear excepted. , and at Tenant’s obligation sole cost and expense, shall include the obligation make all repairs 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 every part thereof, when and if needed. In the event Tenant fails to promptly commence and diligently pursue the performance of such maintenance or the making of such repairs or replacements, and such failure materially and adversely impacts upon (i) Landlord’s operation of the Building and/or the Project, (ii) the structure of the Building, (iii) the Central Systems or (iv) the exterior appearance of the Building or the Premises, then Landlord, at its option and upon at least five (5) days, prior written notice to Tenant (except in case of emergency, in which is Tenant’s obligation case no notice shall be necessary), may perform such maintenance or make such repairs and Tenant shall reimburse Landlord, within ten (10) days after Tenant receives an invoice, for the actual costs of such maintenance and repair. 9.3 All repairs made by tenant pursuant to perform Section 9.2 shall be performed in a good and workmanlike manner by Landlord at Tenant’s expense. reputable contractors or other repair personnel selected by 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 thereofreasonably approved by Landlord; provided, however, that neither Tenant nor its contractors or repair personnel shall be permitted to do any work affecting the Central Systems (as such term is defined in Exhibit “C” hereof). 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. 9.4 Subject to the other provisions of this Lease imposing obligations regarding repair upon Tenant, 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 if repair all machinery and equipment necessary to make provide the services of Landlord described in Article 7 (provided that Tenant shall pay the costs of any repair required to be made such systems or any part thereof damaged by it hereunder Tenant and Tenant’s employees, customers, clients, agents, licensees and invitees) and for repair of all portions of the Project which do not comprise a part of the Premises and are not leased to remedy any condition that either (i) results others. 9.5 Notwithstanding anything in a denial of access this Article 9 to the Premises and/or (ii) except contrary, if Landlord fails to perform any Landlord repair obligation under Sections 9.1 and 9.4 hereof within the time periods set forth in Section 13.6 following receipt of written notice from Tenant to Landlord or, in the case of emergency, within a fire reasonable period of time following receipt of such notice from Tenant, then Tenant shall be permitted to perform such obligation on Landlord’s behalf, provided Tenant first delivers to Landlord an estimate of the cost to repair and an additional, three (3) Business Days’ prior written notice that Tenant will be performing such obligation, and provided Landlord fails to commence to perform such obligation within such additional three (3) Business Day period or to thereafter diligently pursue such repair to completion. If the obligations to be performed by Tenant will affect the Central Systems or the structure or exterior appearance of the Building, then Tenant shall use only those contractors used by Landlord in the Building for work on the same. All other casualtycontractors shall be licensed and bonded and all requisite permits must have been obtained for the required work. Any work performed by or on behalf of Tenant shall be performed in accordance with the provisions of Articles 9 and 10. Promptly following completion of any such work, precludes Tenant from conducting its business from shall deliver to Landlord a paid invoice containing a particularized breakdown of the nature of the work performed by Tenant and the costs incurred by Tenant in connection therewith (the “Invoice”). If within thirty (30) days following Landlord’s receipt of the Invoice, Landlord does not either reimburse to Tenant the sums set forth in the Invoice or deliver written notice to Tenant objecting to the amounts set forth in the Invoice and/or the nature of the work performed by Tenant, then Tenant may deduct the amounts set forth in the Invoice, together with interest thereon at the Interest Rate, against Rent. If Landlord gives Tenant written notice of Landlord’s objection to the amounts set forth in the Invoice within such thirty (30) day period, then Tenant shall not have any right to offset the cost of performing any such obligation against Rent, but Tenant shall have the right to pursue any other remedies against Landlord available to it under applicable law, including the right to have the dispute resolved by binding arbitration pursuant to the rules and procedures of the American Arbitration Association. If the dispute is resolved by arbitration and it is held that Tenant is entitled to reimbursement of all or a portion of sums previously objected to by Landlord, and if Landlord fails to reimburse Tenant such sums, together with interest thereon at the Interest Rate, within thirty (30) days following such arbitration decision, then Tenant may deduct such sums against Base Rent next coming due under the Lease. Notwithstanding anything above to the contrary, in no event shall Tenant be entitled to deduct more than thirty twenty percent (3020%) of any installment of Monthly Base Rent during any month of the Premises. In all other cases, at Tenant’s 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 Term pursuant to the extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time paythis Section 9.5.

Appears in 1 contract

Sources: Sublease (Celladon Corp)

Repairs. (a) Tenant shall keep take good care of the Premises (including demised premises and the fixtures and appurtenances therein and at its sole cost and expense make all Fixtures) repairs thereto as and when needed to preserve the same in good condition andworking 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, upon expiration or earlier termination (ii) repair and maintenance of the Term, shall, subject internal electrical system to the terms panel box serving the demised premises, and conditions (iii) repair and maintenance of Section 5.03(d) herein, surrender 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 Landlord 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 the same condition as when first occupiedSection 9.05 hereof, reasonable wear and tear excepted. Tenant’s obligation shall include the obligation to repair 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, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. All damage or injury to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, or in any other manner caused by Tenant, its agents, employeesservants or contractors, 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 repaired, replaced or restored by Landlord at Tenant’s expense'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 repairs, restoration or 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 not commit or allow to be committed any waste or damage to any portion collectible as additional rent and shall be paid by Tenant within 15 days after rendition of a ▇▇▇▇ therefor. The exterior walls of the Premises or Building, the portions of any window ▇▇▇▇▇ outside the windows, and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building. (b) Landlord shall shall, at all times operate its sole cost and expense (except as otherwise set forth herein), maintain and repair the structural portions of both the Building in accordance with and the standards 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 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 same affect Tenant’s 's use and occupancy of, or access to, the demised premises. 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 for any of such repairs which are Landlord's obligation to perform shall have been occasioned by any action, omission to act or negligence of Tenant or Tenant's agents, employees or contractors, then Landlord shall make or cause to be made all such repairs at Tenant's sole cost and expense, and Tenant shall 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 Premises demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. If Tenant shall desire a floor load in excess of that which the affected floors are designed to carry, Landlord agrees (provided Landlord's architects, in their reasonable discretion, find that the work necessary to increase such floor load does not adversely affect the structure of the Building, and further provided that such work will not interfere with the amount or availability of any space adjoining alongside, above or below the demised premises, or interfere with the occupancy of other tenants in the Building), 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 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 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 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 business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in the cleaning and maintenance or to fixtures, appurtenances or equipment thereof; provided, however, that . In performing such repairs Landlord shall have no obligation make a reasonable effort to employ contractors or labor at so-called minimize any inconvenience to Tenant but nothing herein shall be deemed to obligate Landlord to perform same on an 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 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time paybasis.

Appears in 1 contract

Sources: Lease Agreement (24/7 Media Inc)

Repairs. (a) Tenant Tenant, at all times during the Term and at Tenant’s sole cost and expense, subject to ordinary wear and tear and damage by fire or other casualty governed by Section 9 below, shall keep the Premises (including all Fixtures) and maintain 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 theretoreplacement when necessary and in compliance with all applicable Laws), (i) the Building systems, the Building’s structural components or any areas outside exterior and structure of the Premises and which is Tenantthe Building, including the building foundation, the roof structure, the exterior walls of the Building and the parking areas, and (ii) the interior of the Premises and every part thereof, including the interior walls and ceilings, lighting and relamping, and plate glass. Notwithstanding the foregoing, Tenant shall not be responsible for repairs to the extent such repairs are (i) necessitated by fire, earthquake, acts of God or the elements, or (ii) necessitated by the negligence or willful misconduct of Landlord or Landlord’s obligation to perform agents, employees or contractors or the breach of this Lease by Landlord. Tenant shall be performed by Landlord responsible, at Tenant’s sole cost and expense. Tenant shall not commit or allow to be committed any waste or damage to any portion , for the maintenance and repair of the HVAC system and equipment serving the Premises or and any components and equipment used in connection therewith. Tenant, at its sole cost and expense, shall procure and maintain in full force and effect a contract for the Buildingmaintenance and repair of such equipment, with a service and maintenance firm reasonably acceptable to Landlord. (b) Landlord shall at all times operate and maintain In the Building in accordance with the standards event that any capital improvements or replacements 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 expense 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 the Premises during the term of the Lease to the building foundation, the roof structure, the exterior walls of the Building and any condition that either major mechanical, structural, plumbing or HVAC systems serving the Premises (“Capital Improvements”) (i) results in a denial of access Landlord and Tenant shall each have the right to the Premises and/or reasonably approve or disapprove such Capital Improvements; (ii) except in Landlord and Tenant shall mutually determine whether such Capital Improvements are to be performed by Landlord or Tenant and (iii) the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s request, Landlord Capital Improvements 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 extent it is practicable to do so, be amortized over their useful life and Tenant shall pay a portion of such amortized costs equal to Landlordthe balance of the Term (or renewal term if exercised) plus five (5) years and Landlord shall pay the balance. For example if the roof is replaced during the 5th year of the Term, as additional rentand such roof has a useful life of 20 years, within twenty (20) days after demand, Tenant shall pay an amount equal to six (6) years of such amortized payments and Landlord shall pay an amount equal to fourteen (14) years of such amortized payments and if Tenant exercises the difference between the overtime or other premium option to renew, Tenant shall pay an amount equal to eleven (11) years of such amortized payments and straight time payLandlord shall pay an amount equal to nine (9) years of such amortized payments.

Appears in 1 contract

Sources: Stock Purchase Agreement (Simpson Manufacturing Co Inc /Ca/)

Repairs. (a) Landlord shall maintain, in good order, condition and repair, reasonable wear and tear and damage by casualty or eminent domain excepted, as part of Basic Services, the following: (i) the structural portions of the Building, (ii) the exterior walls of the Building, including, without limitation, glass and glazing, (iii) the roof foundation and facades of the Building, (iv) all Building Systems, (v) the base building lavatories, (vi) the Common Areas, and (vii) all base building fire and life safety systems, sprinklers and smoke detectors. Landlord shall not be deemed to have breached any obligation with respect to the condition of any part of the Land or Building unless Tenant has given to Landlord written notice of any required repair and Landlord has not made such repair within a commercially reasonable time following the receipt by Landlord of such notice. The foregoing notwithstanding, (i) Tenant shall pay for the cost of any repairs as a result of damage to any of the foregoing to the extent caused by the negligent acts or omissions of Tenant or it agents, employees or contractors, except to the extent such repairs are covered by insurance carried by Landlord pursuant to the provisions of Paragraph 8(e) below; and (ii) the obligations of Landlord pertaining to damage or destruction by casualty shall be governed by the provisions of Paragraph 9. Landlord shall have the right but not the obligation to undertake work of repair that Tenant is required to perform under this Lease and that Tenant fails or refuses to perform after delivery of notice and expiration of any applicable grace periods. All costs incurred by Landlord in performing any such repair for the account of Tenant shall be repaid by Tenant to Landlord upon demand, together with an administration fee equal to fifteen percent (15%) of such costs. There shall be no abatement of Rent, 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 Land. Tenant waives the right to make repairs at Landlord’s expense under any Law now or hereafter in effect. (b) Tenant, at its expense, (i) shall keep the Premises and all fixtures contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors approved by Landlord, of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities, and supplemental heating and air conditioning systems (including all Fixturesplumbing connected to said facilities or systems installed by or on behalf of Tenant). Tenant shall make all repairs to the Premises with replacements of any materials to be made by use of materials of equal or better quality. Tenant shall pay for the cost of any repairs to the Premises, the Building and/or the Land 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, the Building or the Land by Tenant, except to the extent such repairs are covered by insurance carried by Landlord or Tenant pursuant to the provisions of Paragraph 8(e) in good condition andbelow. If Tenant fails to commence such repairs or replacements within thirty (30) days after written notice from Landlord, or thereafter to prosecute diligently such repairs to completion, then Landlord may at its option make such repairs or replacements, and Tenant shall upon 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 the Termthis Lease, shall, subject to the terms and conditions of Section 5.03(d) herein, Tenant shall surrender the same Premises in a safe, clean and neat condition, normal wear and tear and damage from casualty excepted. Except as otherwise set forth in Paragraph 4(b) of this Lease, Tenant shall remove from the Premises all trade fixtures, furnishings and other personal property of Tenant shall repair all damage caused by such removal, and shall restore the Premises to Landlord in the same condition as when first occupiedits original condition, reasonable wear and tear excepted. Tenant’s obligation shall include the obligation In addition to repair all damage caused by Tenantother rights Landlord may have, its agents, employees, invitees and licensees to the equipment and other installations in the Premises event Tenant does not so remove any such fixtures, furnishings or anywhere in personal property on or before the Building. Any maintenanceexpiration or earlier termination of the Term of this Lease, 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 then Tenant shall be performed by deemed to have abandoned the same, in which case Landlord may store or dispose of the same at Tenant’s expense. Tenant shall not commit or allow to be committed any waste or damage to any portion of , appropriate the Premises or same for itself, and/or sell the Buildingsame in its discretion. (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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.

Appears in 1 contract

Sources: Sublease (Karuna Therapeutics, Inc.)

Repairs. 7.1 Landlord shall maintain (ai) the common areas, including any lobbies, stairs, elevators, corridors and restrooms, (ii) the windows and exterior walls, roofs, foundations and structure of the Building, and (iii) the mechanical, plumbing and electrical equipment servicing the Building, in good order and condition as reasonably determined by Landlord. Notwithstanding the foregoing, Tenant shall keep pay the Premises (including all Fixtures) in good condition andcost of any repairs occasioned by the act, upon expiration neglect or earlier termination default 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 contractors. 7.2 Subject to the equipment provisions of Section 7.1 hereof, Tenant shall keep the demised premises and other installations in the Premises or anywhere in the Building. Any maintenance, repair or replacement to the windows every part thereof (including any solar film attached thereto)special equipment installed in the demised premises such as supplemental HVAC equipment, the Building systemstransformers, the Building’s structural components plumbing, and fire extinguishers, and any other alterations, additions or any areas outside the Premises improvements, whether installed by Landlord or Tenant) in good condition and which is Tenant’s obligation to perform repair. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may designate, by contractors or mechanics approved 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 rules and regulations relating thereto annexed to this Lease as Exhibit "B" and all applicable laws, codes and regulations. Subject to the provisions of Article 8 hereof regarding the obligation to restore improvements, Tenant shall, at the end of the term hereof, surrender to Landlord the demised premises 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 whatsoeversame condition as when received, except that Landlordfor ordinary wear and tear, at its expense shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair repairs required to be made by it hereunder Landlord, and damage by fire, earthquake, act of God or the elements. Landlord has no obligation, and has made no promise, to remedy alter, remodel, improve, repair, decorate or paint the demised premises or any part thereof and no representations respecting the 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. demised premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. 7.3 In the event that Landlord shall deem it necessary or be required by any governmental authority to repair, alter, remove, reconstruct or improve any part of the demised premises or of the Building, then the same shall be made by Landlord with reasonable dispatch (unless the same shall result from Tenant's act, neglect, default or mode of operation, in which event Tenant shall make all other casessuch repairs, alterations and improvements or, at Tenant’s requestLandlord's option, 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 make such repairs, alterationsalterations and improvements and shall be promptly reimbursed by Tenant for the cost incurred by Landlord in so doing), additions and should the making of such repairs, alterations or improvements cause any interference with Tenant's use of the demised premises, such interference shall not relieve Tenant from the performance of its obligations hereunder nor shall such interference be deemed an actual or constructive eviction or partial eviction or result in an abatement of rental. Notwithstanding the preceding sentence, in the event that Tenant is prevented from using, and does not use, the demised premises or any portion thereof, for more than five (5) consecutive business days as a result of Landlord's performance of such work, then Tenant's Basic Rental and additional rent shall be abated or reduced, as the case may be, after expiration of the 5-day period for such time that Tenant continues to be so prevented from using the demised premises or a portion thereof, in the proportion that the rentable area of the portion of the demised premises that Tenant is prevented from using, and does not use, bears to the extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to total rentable area of the difference between the overtime or other premium pay and straight time paydemised premises.

Appears in 1 contract

Sources: Lease (Talk America Holdings Inc)

Repairs. 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 (aexcluding 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. Landlord shall make, at its own expense (except for repairs which are expensed in accordance with GAAP, the cost of which shall be an Operating Expense), all repairs necessary to maintain the structure of the Building, the roof, all exterior walls and the building floor slabs. Landlord will repair any damage caused by any act, omission or negligence of Tenant or its employees, agents, invitees, licensees, subtenants, or contractors, and Tenant will reimburse Landlord for the cost of such repair within thirty (30) days after receipt of an invoice. If Tenant requires maintenance, servicing, repair or replacement of any special plumbing, heating or air conditioning systems installed specifically for Tenant's benefit in the Leased Premises, whether or not such systems are tied into the standard Building systems, such maintenance, servicing, repair or replacement shall be made at the sole expense of Tenant, unless the need for such repairs is caused, in whole or in part, by the negligence or willful misconduct of Landlord, its agents or employees. Tenant shall keep maintain the Leased Premises (including all Fixtures) and the fixtures and appurtenances therein 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 occupiedrepair at all times, reasonable wear and tear excepted. Tenant’s obligation Except to the extent released by Landlord pursuant to the waiver of subrogation provision in Section 22 hereof, Tenant shall include the obligation to repair reimburse Landlord for all costs and expenses of repairing and replacing all damage or injury to the Leased Premises and the Building and to fixtures and equipment caused by TenantTenant or its employees, its agents, employeesinvitees, invitees and licensees to licensees, subtenants, or contractors, or as the equipment and other installations result of all or any of them moving in the Premises or anywhere in the Building. Any maintenance, repair or replacement to the windows (including any solar film attached thereto), out of the Building systemsor by its or their installation or removal of furniture, the Building’s structural components fixtures or any areas outside the Premises other property. Such costs and which is Tenant’s obligation to perform expenses shall be performed collectible as Additional Rent and paid by Tenant within fifteen (15) days after rendition of a ▇▇▇▇ therefor. Landlord at Tenant’s expense. Tenant shall not commit be liable by reason of any injury to 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 's business arising from the making of the Premises in making any repairs, alterations, additions or improvements in or to the Leased Premises or the Building or to any appurtenances or equipment therein unless Landlord or its agents, employees or contractors are negligent in performing such repairs, etc. There shall be no abatement of rent because of such repairs, alterations, additions or improvements or because of any delay by Landlord in making the cleaning and maintenance thereof; provided, however, same except that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur reimburse Tenant for 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 if necessary to make any repair required to be made by it hereunder to remedy any condition that either actual damages (ibut not consequential damages) results in a denial of access to the Premises and/or (ii) except in the case event Landlord is negligent in performing such repairs, etc.. Tenant shall give to Landlord prompt written notice of a fire any accidents to, or other casualtydefects in plumbing, precludes Tenant from conducting its business from more than thirty percent (30%) of electrical, heating and air conditioning systems and apparatus located in the Leased Premises. In all other cases, at Tenant’s 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 give Tenant written notice of any repairs, alterations, additions or improvements which Landlord intends to undertake either in the extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to Leased Premises or the difference between the overtime or other premium pay and straight time payBuilding.

Appears in 1 contract

Sources: Lease Agreement (Worldgate Communications Inc)

Repairs. (a) a. Tenant shall shall, at its sole cost and expense, keep the Premises (including all Fixtures) and every part thereof in good condition andand repair, upon expiration or earlier termination damage thereto from causes beyond the reasonable control of the Term, shall, subject to the terms Tenant and conditions of Section 5.03(d) herein, surrender the same to Landlord in the same condition as when first occupied, reasonable ordinary wear and tear excepted. Tenant’s Tenant shall, upon the expiration or sooner termination of this Lease hereof, surrender the Premises to Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in Section 3, 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. Landlord shall include repair and maintain the obligation to repair all damage structural portions of the Building, including the roof, the plumbing, air conditioning, heating, and 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 Tenant, its agents, employeesservants, invitees employees or invitees, in which case, subject to Section 14, Tenant shall pay to Landlord the reasonable cost of such maintenance and licensees repairs. The cost of all such repairs (except repairs of structural defects) shall be included in Operating Expenses, except as otherwise provided herein. 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 equipment need of such repairs or maintenance is given to Landlord by Tenant. Except as specifically provided in Paragraph 21 below regarding reconstruction after a casualty, there shall be no abatement of Rent and other installations in the Premises no liability of Landlord by reason of any injury to 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 interference with Tenant’s obligation to perform shall be performed by Landlord at Tenant’s expense. Tenant shall not commit business arising from the making of any repairs, alterations or allow to be committed any waste improvements in or damage to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Except in the Buildingevent of an emergency involving imminent threat to life or substantial property damage, Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. c. Notwithstanding the foregoing, if Landlord fails to make any repairs or to perform any maintenance required of Landlord hereunder and within Landlord’s reasonable control, and such failure shall persist for an unreasonable time (bnot less than thirty (30) days) after written notice of the need for such repairs or maintenance is given to Landlord and unless Landlord has commenced such repairs or maintenance during such period and is diligently pursuing the same, Tenant may (but shall not be required to) following a second notice (which notice shall have a heading in at least 12- point type, bold and all times operate caps “FAILURE TO RESPOND SHALL RESULT IN TENANT EXERCISING SELF-HELP RIGHTS”) and maintain the Building Landlord’s failure to commence repairs within five (5) days after receipt of such second notice, perform such repairs or maintenance in accordance with the standards that are customarily followed in provisions of this Lease governing Tenant’s repairs and Alterations and Tenant shall be entitled to offset all third party costs and expenses incurred by Tenant therefor against the operation next monthly installment of Base Rent, provided Tenant delivers to Landlord appropriate invoices and maintenance of Firstback-Class Office Buildings (the “Standard”)up documentation regarding such costs and expenses. d. Notwithstanding anything contained in this Lease to the contrary, if (ci) Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy as a result of the Premises in making negligence or willful misconduct of Landlord, its agents or employees, or any repairsdefault of Landlord of its obligations under this Lease, alterationsan interruption or curtailment, additions suspension or improvements to the Building or in the cleaning stoppage of an Essential Service (as said term is hereinafter defined) shall occur, and maintenance thereof; provided, however, that (ii) such Service Interruption continues for more than three (3) consecutive business days after 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 whatsoeverreceived notice thereof from Tenant, except that Landlordand (iii) as a result of such Service Interruption, at the Tenant cannot reasonably conduct its expense normal operations in the Premises, then there 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 an abatement of one day’s Base Rent and additional rent for each day during which such Service Interruption continues after such three (i3) results in a denial of business day period. For purposes hereof, the term “Essential Services” shall mean the following services: access to the Premises and/or (ii) except Premises, water and sewer/septic service, heat or ventilation and electricity. In the event that any such Service Interruption that materially and adversely affects the conduct of Tenant’s normal operations in the case of a fire or other casualty, precludes Tenant from conducting its business from Premises continues for more than thirty percent ninety (30%90) consecutive days after such written notice from Tenant, Tenant shall have the right to terminate this Lease by written notice to Landlord at any time prior to the date that such Service Interruption ceases, and this Lease shall expire as of the Premises. In all other cases, at Tenant’s 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 date of such notice as though such date were originally set forth as the extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payTerm Expiration Date.

Appears in 1 contract

Sources: Lease Agreement (Monotype Imaging Holdings Inc.)

Repairs. (a) 14.01 Landlord shall maintain and repair the public portions of the Building, both exterior and interior except as otherwise provided herein. Tenant shall keep shall, throughout the Term of this Lease, take good care of the Demised Premises (including and the fixtures and appurtenances therein and at Tenant's sole cost and expense, make all Fixtures) non-structural repairs thereto as and when needed to preserve them in good condition and, upon expiration or earlier termination of the Term, shall, subject to the terms working order and conditions of Section 5.03(d) herein, surrender the same to Landlord in the same condition as when first occupiedcondition, reasonable wear and tear tear, obsolescence and damage from the elements, fire, or other casualty excepted. Tenant’s obligation shall include . 14.02 Notwithstanding the obligation to repair foregoing provisions of Paragraph 14.01, 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: (i) carelessness, omission, neglect, or improper conduct of Tenant, its Tenant's servants, agents, employees, invitees invitees, or licensees, (ii) the performance of work by Tenant necessary to suit the Demised Premises to Tenant's initial occupancy or in connection with Tenant's Changes, (iii) the installation, use or operation of Tenant's property in the Demised Premises, or (iv) the moving of Tenant's property in or out of the Building shall be repaired promptly by Tenant at its sole cost and licensees expense, 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 satisfaction of Landlord at Tenant’s expensereasonably exercised. Tenant shall not commit also repair all damage to the Building and the Demised Premises caused by the moving of Tenant's fixtures, furniture or allow equipment. All of the aforesaid repairs shall be of quality or class equal to the original work or construction. If Tenant fails after ten (10) days' notice to proceed with due diligence to make repairs required to be committed made by Tenant, the same may be made by the Landlord at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible as Additional Rent after rendition of a bill or st▇▇▇▇ent therefor. 14.03 Tenant shall give Landlord prompt notice of any waste defective condition in any plumbing, heating system, or electrical lines located in, servicing, or passing through 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 servants, agents, employees, invitees, or licensees as aforesaid. 14.04 Except as specifically provided in Article 14 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 Demised Premises or the Building. (b) Landlord shall at all times operate in 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 fixtures, appurtenances, or in the cleaning and maintenance thereof; provided, however, that equipment thereof whether or not Landlord shall have no obligation is required or permitted by this Lease or law 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 if necessary to make any repair required to be made by it hereunder to remedy any condition that either (i) results in a denial perform such work. The provisions of access this Article with respect to the Premises and/or (ii) except making of repairs shall not apply in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premisescasualty which are dealt with in Article 19 hereof. In all other cases, at Tenant’s request, Landlord shall employ contractors or labor perform the work required to be performed by it under this Article at so-called overtime or other premium pay rates times reasonably convenient to Tenant except in case of an emergency and incur any other overtime costs or expenses otherwise in making any repairs, alterations, additions or improvements such manner and to the extent it is practicable to do so, and Tenant shall pay to Landlord, practical as additional rent, within twenty (20) days after demand, an amount equal to will not unreasonably interfere with Tenant's use of the difference between the overtime or other premium pay and straight time payDemised Premises.

Appears in 1 contract

Sources: Lease Agreement (Queryobject Systems Corp)

Repairs. (a) Tenant shall Landlord will make all structural repairs to the demised premises and will keep the Premises (including all Fixtures) in good condition andorder and repair the roof, foundations, subsurface conditions and the exterior of the demised premises, and the plumbing system serving the demised premises (up to Tenant’s connection point thereto), except any doors, windows and glass, upon expiration knowledge or earlier termination notification of the Termnecessity for such repairs, shall, subject and further provided that if the need for the repair shall be attributable to the terms and conditions any act or omission 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 agentsconcessionaires, officers, employees, invitees and licensees licensees, invitees, or contractors, Tenant shall be responsible therefor. Landlord shall be under no liability for repair, maintenance or alteration with respect 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 demised premises or any areas outside the Premises and which is Tenant’s obligation part thereof, or any plumbing, electrical, or other mechanical installations therein, or any cleaning or painting thereof, except as may be expressly set out in this Lease or unless due to perform shall be performed by Landlord at Tenant’s expense. Tenant shall not commit negligence of Landlord, its officers, employees, licensees, invitees, concessionaires, or allow to be committed any waste or damage to any portion of the Premises or the Buildingcontractors. (b) Landlord shall at Tenant will keep all times operate non-structural elements 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 interior of the Premises demised premises, together with all electrical, plumbing, ventilating, heating, air conditioning, elevator, escalator, and other mechanical installations therein, including sprinklers, in making any repairsgood order and repair at its expense; and will surrender the demised premises at the expiration of the Term or at such other time as it may vacate the same in as good condition as when received, alterations, additions excepting ordinary wear and tear or improvements to the Building damage by fire or in the cleaning and maintenance thereofby casualty; provided, however, that if the need for the repair shall be attributable to any act or omission of Landlord, its concessionaires, officers, employees, licensees, invitees, or contractors, Landlord shall have be responsible therefor. Tenant will not overload the electrical wiring and will install at its expense, any additional electrical service or wiring which may be required in connection with Tenant’s apparatus. (c) Notwithstanding the provisions of the preceding subsection (b), at such time as replacement of any heating, air conditioning, ventilating, elevator or escalator system is necessary due to the fact that it has deteriorated to the degree that repair is no obligation longer economically feasible and normal, sound operating practice would require the replacement thereof, Tenant shall give written notice thereof to employ contractors Landlord, accompanied by the written statement of a reputable independent engineer licensed or labor at so-called overtime specializing in the field or other premium reputable manufacturer (e.g., Westinghouse as to elevators and escalators) confirming that the replacement is then necessary as aforesaid, and Landlord shall promptly cause the replacement to be accomplished. If, however, Landlord disputes the opinion of such engineer or manufacturer, Landlord shall nonetheless (subject to Article 35) perform such replacement, but the matter shall be submitted to arbitration pursuant to the provisions of Article 34 hereof, and if the determination therein is that the replacement was not necessary under the foregoing criteria, Tenant shall promptly pay rates to Landlord all or to incur any other overtime costs or expenses whatsoeversuch part of the cost, except that Landlordwith interest thereon, as the arbitration award directs. (d) Lessee, at its expense sole cost and expense, shall employ contractors regularly monitor the premises for the presence of mold or labor any conditions that reasonably can be expected to give rise to mold and shall promptly notify the Lessor in writing if Lessee suspects mold 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time paypremises.

Appears in 1 contract

Sources: Lease Agreement

Repairs. 8.1 Landlord will make necessary repairs to the roof, roof structure, gutters, downspouts, exterior walls (anot including glass) and foundation walls of the Shopping Center during the original or any extended term of this Lease after receiving notice from Tenant of the 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 promptly 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 Premises (including interior of the Store together with all Fixtures) electrical, heating, air conditioning, and other mechanical installations and equipment used by or in connection with the Store, in good condition order and replacement and repair. Landlord warrants the 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, upon expiration or earlier termination if such consent is given, Tenant will install them at its own cost and expense. In furtherance of the Termabove, shall, subject Tenant covenants and agrees 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 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 equivalent contract; or replacement to enter into Landlord's comprehensive contract. In the windows (including any solar film attached thereto)event that Tenant fails to do this, the Building systemsLandlord is hereby authorized to provide such services on Tenants units on a quarterly basis, the Building’s structural components or any areas outside the Premises and which is Tenant’s obligation Tenant agrees 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 Buildingpromptly 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 (b7) Landlord shall at all times operate and maintain the Building in accordance with the standards that are customarily followed days after receiving written notice from Landlord, or after receiving notice by telephone in the operation and maintenance event of First-Class Office Buildings (the “Standard”). (c) emergencies, then 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 Landlordmay, 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 shall employ contractors or labor at so-called overtime or other premium pay rates if necessary incurred by Landlord in doing such work. Landlord agrees, after written notice from Tenant, to make any repair required to be made by it hereunder to remedy any condition that either (i) results in a denial such repairs of access to the Premises and/or (ii) except in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent which it is practicable to do so, required and Tenant shall pay to Landlord, perform its obligations hereunder as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time paypromptly as reasonably possible.

Appears in 1 contract

Sources: Lease (Regional Bankshares Inc)

Repairs. (a) 5.1 Tenant shall at its own cost and expense keep and maintain all parts of the Premises and such portion of the Building and improvements with the exclusive control of Tenant in good condition, promptly making all necessary repairs and replacements, whether ordinary or extraordinary, with materials and workmanship of the same character, kind and quality as the original. Tenant as part of its obligations hereunder shall keep the Premises (including in a clean and sanitary condition. Tenant will, as far as possible keep all Fixtures) such parts of the Premises from deterioration due to ordinary wear and from falling temporarily out of repair, and upon termination of this Lease in any way Tenant will yield up the Premises to Landlord in good condition andand repair, upon expiration loss by fire or earlier termination of the Term, other casualty covered by insurance to be maintained by Landlord pursuant to subparagraph 10.1 hereof excepted (but not excepting any damage to glass). Tenant shall, subject to the terms at its own cost and conditions of Section 5.03(d) hereinexpense, surrender the same to enter into a regularly scheduled preventative 5.2 Landlord shall at its expense maintain in the same condition as when first occupiedgood repair, reasonable wear and tear and any casualty covered by insurance to be maintained by Landlord pursuant to subparagraph 10.1 excepted. Tenant’s obligation shall include , the obligation to repair all damage caused by Tenantfoundation, its agents, employees, invitees roof and licensees to the equipment and other installations in the Premises or anywhere in walls of the Building. Any Tenant shall immediately give Landlord written notice of any defect or need for repairs, after which Landlord shall have reasonable opportunity to repair same or cure such defect. 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 limited to the cost of such repairs or maintenance or the curing of such defect. The term "walls" as used herein shall not include windows, glass or plate glass, doors, special store fronts or office entries. 5.3 As used in this Lease, the term "Operating Costs" shall mean any and all expenses, costs and disbursements (other than Taxes) of any kind and nature whatsoever incurred by Landlord in connection with the ownership, leasing, management, maintenance, operation and repair of the Building including without limitation, the cost of landscaping maintenance for the grounds around the Building, maintaining and repairing parking areas, driveways, paved areas, alleys, easements and railroad tracks, cleaning and janitorial services for the common areas, property management fees, removing snow and ice, common area utilities, maintaining and repairing electrical, sprinkler, plumbing, heating, ventilation and air conditioning systems and fixtures for common areas, decorating for common areas, roof repairs and maintenance, exterior painting, insurance premiums for all insurance policies and endorsements deemed by landlord to be reasonably necessary or replacement desirable, license, permit, and inspection fees, accounting and legal fees, and any sales, use or services taxes incurred in connection therewith which Landlord shall pay or become obligated to pay in respect of a calendar year (regardless of when such Operating Costs were incurred), except the following (i) costs of capital improvements; (ii) depreciation; and (iii) any cost or expenditure (or portion thereof) for which Landlord is reimbursed, whether by insurance proceeds or otherwise, except reimbursements by tenants for Operating Costs. Notwithstanding anything contained herein to the windows (including contrary, depreciation of any solar film attached thereto), capital improvements made after the Building systems, the Building’s structural components date of this Lease which are intended to reduce Operating Costs or which are required under any areas outside the Premises and Laws which is Tenant’s obligation to perform shall be performed by Landlord at Tenant’s expense. Tenant shall were 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 applicable to the Building at the time it was constructed, shall be included in Operating Costs. The useful life of any such improvement shall be reasonably determined by Landlord. In addition, interest on the undepreciated costs of any such improvement (at the prevailing construction loan rate available to Landlord on the date the cost of such improvement was incurred) shall also be included in Operating Costs. In the event Landlord elects to self insure or obtain insurance coverage in which the cleaning and maintenance thereof; providedpremium fluctuates in proportion to losses incurred, however, then Landlord shall estimate the amount of premium that Landlord would have been required to pay to obtain insurance coverage (or insurance coverage without such provision) with a recognized carrier and such estimated amount shall have no obligation be deemed to employ contractors or labor at be an Operating Cost. Landlord may, in a reasonable manner, allocate insurance premiums for so-called overtime or "blanket" insurance policies which insure other premium pay rates or to incur any other overtime costs or expenses whatsoever, except that Landlord, at its expense properties as well as the Building of said allocated amount shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required be deemed 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payOperating Cost.

Appears in 1 contract

Sources: Lease (Nutraceutix Inc)

Repairs. (a) Tenant shall 14.01 Lessee shall, at its sole expense, keep and maintain the Premises and every part thereof (including all Fixtures) in good condition andexcepting air-conditioning, upon expiration or earlier termination of the Termcommon use equipment, shallexterior walls and roofs, subject which Lessor agrees to repair unless damages are due to the terms and conditions neglect or intentional acts 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, Lessee or its agents, employees, invitees visitors, or licensees), including interior windows, skylights, doors, any store fronts and licensees the interior of the Premises, in good and sanitary order, condition and repair. The standard for comparison and need of repair will be the condition of the Premises at the time of commencement of this Lease and all repairs will be made by a licensed and bonded contractor approved by Lessor. 14.02 Lessee will not make repairs to the equipment and other installations in Premises at the cost of Lessor, whether by deduction of rent or otherwise or vacate the Premises or anywhere in terminate the BuildingLease with abatement or termination of rent because repairs are not made. Any maintenanceIf during the Term, repair any alteration, addition or replacement change to the windows (including Premises is required by legal authorities, Lessee, at its sole expense, shall promptly make the same. Lessor reserves the right to make any solar film attached thereto)such repairs not repaired or maintained in good condition by Lessee and Lessee shall reimburse Lessor for all such costs upon demand. 14.03 Lessor will not be liable for any failure to make any repairs or perform any maintenance and there will be no abatement of rent, nor liability of Lessor by reason of any injury to or interference with Lessee’s business arising from the Building systemsmaking or failure to make any repair, the Building’s structural components alteration 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 improvement in or allow to be committed any waste or damage to any portion of the Premises or the Buildingto Lessee’s fixtures, appurtenances and equipment. (b) Landlord shall at all times operate and maintain the Building in accordance with the standards that 14.04 If repairs deemed necessary by Lessor or any government authority 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 expense shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be not made by it hereunder to remedy any condition that either (i) results Lessee within the prescribed time frame as requested in a denial writing, Lessee shall be in default of access to the Premises and/or (ii) except in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time paythis Lease.

Appears in 1 contract

Sources: Lease Agreement (Iii to I Maritime Partners Cayman I Lp)

Repairs. (a) The Tenant shall keep accept possession of the Premises premises in “as is, where is” condition and the landlord will have no responsibility for completing any work or improvements to the premises or development except as may be expressly set out in this lease. Excepting only replacement of any material defects in the structural portions of the building, which, unless cause by the tenant or anyone for whom it is responsible at law, shall be the responsibility of the landlord. The Tenant shall, at all times during the term and renewal thereof, promptly, at its own expense, repair and maintain and replace, as necessary, the premises (including other than replacing structural portions of the building, unless such replacement is made necessary by the tenant or anyone for whom it is responsible at law) and all Fixtures) equipment, fixtures and improvements therein in good condition and, upon expiration a first class condition. At the end or earlier sooner termination of the Term, shall, subject term or any renewal thereof the tenant shall yield up to the terms landlord, without notice from the landlord, the premises repaired and conditions of Section 5.03(d) herein, surrender the same to Landlord maintained in the same condition as when first occupiedaforesaid. Without limitation, reasonable wear and tear exceptednotwithstanding any other provision of this lease, the tenant shall be responsible at its expense for maintenance of the structural portions of the premises, for repairing cracking of the floor, walls ceiling and for repairing and maintaining the parking area. Tenant’s obligation shall include the obligation to repair all damage caused by Tenant, its agents, employees, invitees and licensees The tenant will provide to the equipment landlord inspection reports from time to time confirming that it has undertaking prudent preventative maintenance and other installations in necessary repairs of material aspects of the Premises or anywhere in the Building. Any maintenancepremises, repair or replacement to the windows (including any solar film attached thereto)such as electrical and mechanical systems and heating, the Building plumbing, venting, fire systems, the Building’s structural components or any areas outside the Premises doors, windows, 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 Buildingair conditioning Systems. (b) Landlord shall at all times operate and maintain The Tenant acknowledges that depreciation or amortization is a component of “Operating Costs” as defined in this lease. In each lease year, the Building in accordance with landlord will estimate the standards that are customarily followed life expectancy of the roof membrane, the exterior paint or other similar finish, the pavements, the HVAC systems in the operation building and maintenance all other depreciable components of First-Class Office Buildings the building (the “StandardDepreciable Components)) that require periodic replacement. The determination of the life expectancy of the depreciable components and the amounts to be charged annually in order to permit the landlord to accumulate an adequate reserve of funds on a timely basis in order to periodically replace the depreciable components will be determined by the landlord, in its sole discretion. Notwithstanding anything herein contained to the contrary, the landlord will be responsible for performing or causing to be performed the work relating to the depreciable components, using the monies received from the tenant and from other tenants of the building. Nothing herein will require the landlord to account to the tenants for the monies collected or to otherwise hold such monies in a separate or other reserve account. (c) Landlord shall use reasonable efforts Alternatively, repairs or replacements to minimize interference with Tenant’s use the property of a capital nature may be funded by the landlord and occupancy amortize, based on generally accepted accounting principle (GAAP), over the useful life of the Premises in making any repairs, alterations, additions or improvements assets and charged 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, tenant as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.

Appears in 1 contract

Sources: Lease Agreement (Bi-Optic Ventures Inc)

Repairs. (a) Tenant Landlord shall keep the Premises (including all Fixtures) consistently maintain in good condition andand promptly repair the exterior of, upon expiration or earlier termination structural portions and the public portions of the Building and all Building systems servicing the Premises throughout the Term. Tenant shall, throughout the Term, shalltake good care of the Premises and the fixtures and appurtenances therein and at Tenant's sole cost and expense, subject make all nonstructural repairs thereto as and when needed to the terms preserve them in good working order and conditions of Section 5.03(d) herein, surrender the same to Landlord in the same condition as when first occupiedcondition, reasonable wear and tear exceptedand 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’s obligation Tenant shall include pay Landlord for all replacements to the obligation lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing but subject to repair 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, its agents, employees, invitees or licensees, shall be repaired promptly by Tenant, at its sole cost and licensees expense, to the equipment reasonable satisfaction of Landlord. Tenant also shall repair all damage to the Building and other installations in the Premises caused by the moving of Tenant's fixtures, furniture or anywhere in equipment. All the Building. Any maintenance, repair or replacement aforesaid repairs shall be of quality and class equal to the windows (including any solar film attached thereto), the Building systems, the Building’s structural components original work or any areas outside the Premises construction 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 made in accordance with the standards that are customarily followed provisions of Article 3 hereof. If Tenant fails after ten (10) days notice to proceed with due diligence to make repairs required to be made by Tenant hereunder, or if Landlord elects to make any repairs in or to 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 operation 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 maintenance no liability on the part of First-Class Office Buildings (the “Standard”). (c) Landlord shall use reasonable efforts by reason of inconvenience, annoyance or injury to minimize interference with Tenant’s use and occupancy of the Premises in making 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. 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 deposited therein. If at any time any windows of the Premises are temporarily or permanently closed, darkened or bricked-up, if required by law or related to any construction upon property adjacent to the Building Real Property by Landlord 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s requestothers, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur not be liable for any other overtime costs or expenses in making any repairs, alterations, additions or improvements to the extent it is practicable to do so, damage Tenant may sustain thereby and Tenant shall pay not be entitled to Landlord, as additional rent, within twenty (20) days after demand, any compensation therefor nor abatement of rent nor shall the same release Tenant from its obligations hereunder nor constitute an amount equal to the difference between the overtime or other premium pay and straight time payeviction.

Appears in 1 contract

Sources: Lease Agreement (COMPASS Pathways PLC)

Repairs. (a) Tenant shall keep Landlord, at its expense, will make all structural repairs to the Building and the Leased Premises (including excluding interior painting and decorating) and to all Fixtures) in good condition and, upon expiration or earlier termination of the Term, shall, subject to the terms public areas and conditions of Section 5.03(d) herein, surrender the same to Landlord facilities in the same condition as when first occupiedBuilding used in common by all tenants. Those repairs necessitated by the negligence, reasonable wear and tear excepted. Tenant’s obligation shall include the obligation to repair all damage caused improper care or use of Leased Premises by Tenant, its agents, employees, licensees or 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 made by Landlord at the cost and expense of 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) Tenant shall take good care of the Leased Premises and, subject to the provisions of subparagraph (a), shall make, as and when needed, as a result of misuse or neglect by Tenant or Tenant's servants, employees, agents, invitees or licensees, all repairs in and about the Leased 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 shall may repair at the expense of Tenant, all times operate and maintain damage or injury to the Leased Premises or to the Building or to its fixtures, appurtenances or equipment, caused by Tenant or Tenant's servants, employees, agents, invitees or licensees, or caused by moving property of Tenant 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 or out of the Premises in Building, or by installation or removal of furniture or other property, or resulting from any cause due to the carelessness, negligence or improper conduct of Tenant or Tenant's servants, employees, agents, invitees, or licensees. There shall be no allowance to Tenant for a diminution of rental value and no liability on the part of the Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making any repairs, alterations, additions or improvements in or to any portion of the Building or Leased Premises, or in or to fixtures, appurtenances or equipment thereof. (c) Tenant shall not place a load upon any floor of the Leased Premises exceeding the floor load per square foot area which it was designed to carry and which is allowed by law. Landlord reserves the right to prescribe the weight and position of all safes, business machines and mechanical equipment. Such installations shall be placed and maintained by Tenant, at Tenant's expense, in settings sufficient in Landlord's judgment, to absorb and prevent vibration, noise and annoyance. The emplacement of all heavy equipment will be done only by licensed riggers or movers who are either bonded or show proof of financial responsibility with respect to any damage done to the Building or in during 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time paymove.

Appears in 1 contract

Sources: Lease Agreement (Capital Growth Holdings LTD /De/)

Repairs. (a) Landlord’s obligation with respect to repair as part of Basic Services shall be limited to (i) the structural portions of the Building, (ii) the exterior walls of the Building, including, without limitation, glass and glazing, (iii) the roof, (iv) mechanical, 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 (including all plumbing connected to said facilities or systems)], (v) Common Areas, and (vi) exterior and structural portions and the mechanical and utility systems and equipment of the Building and Centre (which do not solely serve one tenant’s space). Landlord shall maintain the same in good condition and repair. Landlord shall not be deemed to have breached any obligation with respect to the condition of any part of the Property 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: (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 it agents, employees or contractors, except to the extent covered by insurance carried by Landlord; and (ii) the obligations of Landlord pertaining to damage or destruction by casualty shall be governed by the provisions of Paragraph 9. Landlord shall have the right but not the obligation to undertake work of repair that Tenant is required to perform under this Lease and that Tenant fails or refuses to perform in a timely and efficient manner. All costs incurred by Landlord in performing any such repair for the account of Tenant 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 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 Centre. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect. (b) Tenant, at its expense, (i) shall keep the Premises and all fixtures contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors approved by Landlord, of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities, and supplemental heating and air conditioning systems (including all Fixturesplumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in the Premises at the time of Landlord’s delivery of the Premises to Tenant). Tenant shall make all repairs to the 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. Tenant 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 the Premises, the Building or the Centre made necessary by any gross negligence or willful misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, representatives, or contractors, except to the extent caused in good condition andwhole or in part by or the result of LL’s or LL’s employees’, upon agents’ or contractors’ gross negligence. 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 Tenant shall within thirty (30) days after written demand pay Landlord for the cost thereof, together with an administration fee equal to ten percent (10%) of such costs. (c) Upon the expiration or earlier termination of the Termthis Lease, shall, subject to the terms and conditions of Section 5.03(d) herein, Tenant shall surrender the same to Landlord Premises in the same condition as when first occupieda safe, reasonable clean and neat condition, normal wear and tear and damages caused by casualty, condemnation or Landlord or its employees’, agents’, or contractors’ gross negligence or willful misconduct excepted. Except as otherwise set forth in Paragraph 4(b) of this Lease, Tenant shall remove from the Premises any trade fixtures, furnishings and other personal property of Tenant. Tenant may remove above Building-standard fixtures installed by Tenant to serve the Premises, such as any raised floor system, UPS Systems, backup generators, and supplemental HVAC units, or any other fixtures or equipment necessary to operate Tenant’s obligation business. If Tenant makes such election, then Tenant shall include the obligation to repair all damage caused by Tenantsuch removal. In addition to all other rights Landlord may have, its agents, employees, invitees and licensees to the equipment and other installations in the Premises event Tenant does not so remove any such fixtures, furnishings or anywhere in the Building. Any maintenancepersonal property, 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 Tenant shall be performed by deemed to have abandoned the same, in which case Landlord may store or dispose of the same at Tenant’s expense. Tenant shall not commit or allow to be committed any waste or damage to any portion of , appropriate the Premises or same for itself, and/or sell the Buildingsame in its discretion. (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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.

Appears in 1 contract

Sources: Office Lease (Hallmark Financial Services Inc)

Repairs. Owner shall maintain and repair the exterior of and the public portions of the building. Tenant shall, throughout the term of this lease, take good care of the demised premises including the bathrooms and lavatory facilities (aif the demised premises encompass the entire floor of the building) and the windows and window frames and, the fixtures and appurtenances therein and at Tenant's sole cost and expense promptly make all repairs thereto and to the building, whether structural or non-structural in nature, caused by or resulting from the carelessness, omission, neglect or improper conduct of Tenant, Tenant's servants, employees, invitees, or licensees, and whether or not arising from such Tenant conduct or omission, when required by other provisions of this lease, including Article 6. Tenant shall keep also repair all damage to the Premises (including all Fixtures) in good condition andbuilding and the demised premises caused by the moving of Tenant's fixtures, upon expiration furniture or earlier termination equipment. All the aforesaid repairs shall be of quality or class equal to the Termoriginal work or construction. If Tenant fails, after ten days notice, to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by the Owner at the expense of Tenant, and the expenses thereof incurred by Owner shall be collectible, as additional rent, after rendition of a bill ▇▇ statement therefor. If the demised premises be or become infested with vermin, Tenant shall, subject to the terms and conditions of Section 5.03(d) hereinat its expense, surrender cause the same to Landlord be exterminated. Tenant shall give Owner prompt notice of any defective condition in any plumbing, heating system or electrical lines located in the same demised premises and following such notice, Owner shall remedy the condition as when first occupiedwith due diligence, reasonable wear and tear excepted. Tenant’s obligation shall include but at the obligation to repair all damage caused by expense of Tenant, its if repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees, invitees and or licensees as aforesaid. Except as specifically provided in Article 9 or elsewhere in this lease, there shall be no allowance to the equipment Tenant for a diminution of rental value and other installations in no liability on the Premises part of Owner by reason of inconvenience, annoyance or anywhere in the Building. Any maintenanceinjury to business arising from Owner, repair Tenant or replacement others making or failing 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 make any repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the Building fixtures, appurtenances or in 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 cleaning and maintenance thereof; provided, however, that Landlord shall have no obligation to employ contractors covenants of this or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoeverarticle of this lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of any action for damages for breach of contract. The provisions of this Article 4, except that Landlord, at its expense 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 with respect to the Premises and/or (ii) except making of repairs shall not apply in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s request, Landlord casualty with regard to which Article 9 hereof 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payapply.

Appears in 1 contract

Sources: Lease Agreement (Medsite Com Inc)

Repairs. (a) 11.01 Subject to Paragraph 11.02 below, Tenant shall shall, at all times and at its sole cost and expense, keep ail parts of the Premises (including all FixturesTenant Improvements and Tenant Alterations) in good condition andorder, and in a neat, clean and safe condition. If Tenant does not perform required maintenance, Landlord shall have the right, without waiver of Default nor of any other right or remedy, to perform such obligations of Tenant on Tenant's behalf, and Tenant will reimburse Landlord for any costs incurred immediately upon expiration or earlier termination demand. 11.02 Landlord shall perform all repairs required in the Premises. All costs incurred by Landlord in making such repairs shall be Operating Expenses; provided, Tenant shall reimburse Landlord for 100% of the Term, shall, subject any such costs incurred by Landlord (a) due to the terms act or omission of Tenant (including but not limited to clogging of plumbing, stain removal, and conditions repair 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 theretoPremises), 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 for repairs or maintenance in excess of or other than routine Building in accordance with the standards that are customarily followed in the operation standard repairs and maintenance as determined by Landlord In its sole 'discretion (for example, maintenance of Firstany above standard dedicated HVAC unit repair of built-Class Office Buildings (in appliances, or periodic replacing of above standard light bulbs). Tenant expressly waives the “Standard”). (c) Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy benefit 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 statute or other premium pay rates legal right now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense, whether by deduction of rent or otherwise, or to incur terminate this Lease because of Landlord's failure to keep the Property, or any other overtime costs or expenses whatsoeverpart thereof in good order, except that Landlord, at its expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payrepair.

Appears in 1 contract

Sources: Full Service Lease (Fluid Media Networks, Inc.)

Repairs. (a) A. Tenant shall keep shall, at Tenant’s sole cost and expense, maintain the Leased Premises (including all Fixtures) and every part thereof in good condition andand repair (except as hereinafter provided with respect to Landlord’s obligations) including without limitation, upon expiration the maintenance, replacement and repair of any doors, window casements, glazing, plumbing fixtures and pipes, electrical fixtures, wiring and conduits, and heating and air-conditioning systems when such replacements or earlier termination repairs are necessitated in part or in whole by the act, neglect, fault or omission 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 any duty by Tenant, its agents, servants, 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 expenseinvitees. Tenant shall not commit provide Landlord with notice of all repairs conducted on the Leased Premises. As part of Tenant’s maintenance obligations, Tenant shall have the HVAC system inspected twice (2) per year with a contractor reasonably approved by Landlord, which inspection shall be similar to that customarily obtained by other fraternity and sorority houses on the [UNIVERSITY NAME] campus. Tenant shall, upon the expiration or allow sooner termination of this Lease hereof, surrender the Leased Premises to be committed any waste or Landlord in good condition, broom clean, ordinary wear and tear excepted. Any damage to any portion adjacent premises caused by ▇▇▇▇▇▇’s use of the Leased Premises or shall be repaired at the Buildingsole cost and expense of Tenant. (b) B. Notwithstanding the provisions of Article XII, Section A above, but subject to all other provisions of this Lease, including Articles VIII and IX, Landlord shall at all times operate repair and maintain the Building structural portions of the Building, including exterior walls, foundation and roof, and major repairs to the HVAC, electrical, plumbing, drainage and sewer systems of the Leased Premises (but excluding such maintenance and repairs as are described in accordance with Section A above). However Landlord shall not be liable for any failure to make any repairs or to perform any maintenance, unless and until Tenant has specifically notified Landlord, in writing, of the standards that are customarily followed required repair and maintenance. Landlord shall have thirty (30) days to complete any required repairs or maintenance; provided, however, in the operation and event that such repair or maintenance of First-Class Office Buildings can not be reasonably completed within said thirty (the “Standard”). (c30) day period, or such longer period as would be reasonably required, then Landlord shall not be in default under this Lease so long as Landlord commences the repair or maintenance within thirty (30) days of Landlord’s receipt of Tenant’s notice and Landlord continues to use commercially reasonable efforts to minimize interference with Tenant’s use and occupancy complete the repair or maintenance in a reasonable period of time. Notwithstanding the foregoing, the parties agree that certain repairs must be made quickly, such as repairs needed in an emergency situation or repairs to remedy a situation that materially affects the normal operation of the Premises in making any Leased Premises. Tenant shall immediately notify Landlord of such repairs, alterationseither by telephone or by electronic mail. Such repairs or replacements will be made by Landlord as quickly as commercially reasonable after notice of such emergency situation is received or, additions or improvements at Landlord’s option, Tenant may be required to make such repairs, the Building or reasonable cost of which shall be paid by Landlord unless Tenant would otherwise be obligated to pay for such repairs under this Lease. In the event that Tenant is unable, despite its good faith efforts, to contact Landlord within a reasonable time period, in consideration of the cleaning type of repair required, Tenant may engage a reputable contractor to make such repair without prior notice to Landlord, but with notice as soon thereafter as is reasonably possible, and maintenance thereofLandlord shall be responsible for the reasonable cost of such repairs, unless Tenant would be otherwise obligated to pay for such repairs under this Lease; provided, however, that if Landlord has provided Tenant with a list of approved contractors, Tenant shall have engage only a contractor from the approval list if applicable to such repairs. Except as expressly provided otherwise herein, there shall be no obligation to employ contractors or labor at so-called overtime abatement of rent or other premium pay rates payments required under this Lease and there shall be no liability on the part of Landlord by reason of any injury to or to incur interference with ▇▇▇▇▇▇’s use and occupancy or property arising from, or relating to, ▇▇▇▇▇▇▇▇’s actions under this Article XII or under any other overtime costs provision on this Lease or expenses whatsoever, except that otherwise available to Landlord, at its expense 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 providing Landlord with access to the Premises and/or (ii) except in Building or the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Leased Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.

Appears in 1 contract

Sources: Lease Agreement

Repairs. (a) Tenant Landlord shall keep repair, maintain and as necessary, replace, the Premises roof, load bearing walls (including all Fixtures) in good condition andother than paint and wall coverings), upon expiration or earlier termination floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the TermBuilding, shalland all plumbing and electrical fixtures and equipment and HVAC system components serving the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises (a) from the gross negligence or willful and wanton misconduct of Landlord or its employees or, subject to Section 3(a)(iii)(i) hereof, by any other tenant of the terms Center or such tenant’s agents, employees, licensees, or invitees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party), or (b) negligence or willful and conditions wanton misconduct 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 or invitees, in the Premises or anywhere in the Buildingwhich case such cost shall be paid by Tenant. Any such maintenance, repair replacements or replacement to repairs and any labor performed or materials furnished by or upon 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 direction of Landlord shall be performed by Landlord in a good and workmanlike manner, using only materials of at Tenant’s expense. Tenant shall not commit least the same quality and integrity as that being repaired or allow to be committed any waste replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or damage to any portion of the Premises or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof. (b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space and the fixtures therein in neat and orderly condition. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials furnished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities or central bodies having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall at have the right to approve any and all times operate contractors and maintain the Building in accordance with the standards that are customarily followed in the operation suppliers to furnish materials and maintenance of First-Class Office Buildings (the “Standard”)labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned. (c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law. (d) Provided that Landlord shall use exercise reasonable efforts to minimize effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Premises in Leased Space, Landlord shall not be liable by reason of any injury to or interference with Tenant’s Business arising from the making of any repairs, alterations, additions or improvements in or to the Leased Space, or 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 Center or to incur any other overtime costs appurtenances or expenses whatsoever, except that Landlord, at its expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payequipment therein.

Appears in 1 contract

Sources: Lease Agreement (Viropharma Inc)

Repairs. (aA) Tenant The Owner’s Association of the Building of which Landlord is a member, shall keep and maintain the common areas, grounds, and parking lots in good order and repair, the foundation, exterior walls, and roof the building in which the Premises (including all Fixtures) in good condition and, upon expiration or earlier termination are located and the structural portions of the TermPremises, shallexclusive of doors, subject door frames, windows and window frames. Landlord shall not be called upon to make repairs occasioned by the terms and conditions acts or negligence 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 invitees, licensees or contractors, except to the equipment and extent that Landlord is reimbursed therefore under any policy of insurance permitting waiver of subrogation in advance of loss. Landlord shall not be called upon to make any other installations in the Premises or anywhere in the Building. Any maintenance, repair or replacement to the windows (including improvements of repairs of any solar film attached thereto), the Building systems, the Building’s structural components or any areas outside kind upon the Premises and appurtenance, except as may be required hereunder. (B) Tenant shall keep and maintain in good order, condition and repair (including replacement of parts and equipment, if necessary) the Premises and every part thereof and any and all appurtenances thereto wherever located, including without limitation, the exterior and interior portion of all doors, windows, plate glass, storefront, all plumbing and sewage facilities within the Premises, including free flow up to the main sewer line and water lines up to and including the water meter serving the Premises to the point of connection at a shutoff valve, all fixtures, heating, air conditioning and electrical systems which is Tenant’s obligation to perform shall be performed by Landlord at Tenant’s expenseservice the Premises, and ail doors, walls, floors and ceiling. Tenant shall not commit repair all improvements, additions and fixtures installed by Tenant and any damage caused by Tenant’s acts or allow to be committed any waste or damage to any portion of the Premises or the Buildingomissions. (bC) Landlord Tenant shall at all times operate and maintain the Building once report in accordance with the standards that are customarily followed in the operation and maintenance of First-Class Office Buildings (the “Standard”). (c) writing to Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy of any known defective condition on 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 expense shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair is required to be made by it hereunder repair, and failure to remedy any so report shall make Tenant responsible for all property damage and personal injury resulting from such defective condition that either (i) results in a denial of access to could have been avoided if the Premises and/or (ii) except in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at same had been promptly reported by Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.

Appears in 1 contract

Sources: Lease Agreement (Franklin Financial Network Inc.)

Repairs. (a) 15.1 Tenant shall keep at its sole cost and expense make all repairs excepting those noted in section 3.4. Lessor shall be under no liability for repair, maintenance, replacement or any other action with respect to the Premises (or any part thereof. 15.2 Tenant shall, at its sole cost and expense, keep and maintain the Premises and every part thereof clean and in good order and condition and shall make all repairs and replacements thereto and to each and every part thereof which may be necessary, required or desired. Without limiting the generality of the foregoing, Tenant shall be solely responsible for all heating, ventilating, air conditioning, plumbing, electrical, including light bulbs and ballasts and mechanical systems, facilities, equipment, fixtures and appliances and parts thereof; all Fixtures) doors, ceiling and wall coverings; and all painting and decorating. Tenant shall maintain HVAC systems, affecting the Premises on a monthly preventative maintenance basis. Lessor expressly warrants the HVAC system shall be in good working order on the Commencement of Lease. 15.3 Tenant shall, at its sole cost and expense, install and replace such signs, decorations, lettering, advertising matter and other things as may be approved by Lessor and keep and maintain same in good condition andand repair and in keeping with the image, upon expiration character and standards as may be established from time to time by Lessor for the Shopping Center/Business Park and shall make such replacements as may be necessary. 15.4 In the event that Tenant shall fail, within thirty (30) days after notice in writing by Lessor, to make repairs or earlier termination of replacements to Premises, the TermImprovements, shallthe signs or any part thereof which may be necessary or required, subject to the terms and conditions of Section 5.03(d) herein, surrender Lessor may make the same to Landlord and collect the costs thereof and expenses incurred in connection therewith, together with interest thereon at 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 then prevailing commercial rate from Tenant, its agents, employees, invitees by exercising all remedies provided by law and licensees to provided herein for collection of rent. 15.5 In the equipment and other installations in event that 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 which Tenant has agreed to maintain, if any, shall be damaged or destroyed as a 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 Building. (b) Landlord date of such damage or destruction or fails to diligently proceed to complete the same, Lessor’s remedy shall be the right and option to terminate the Term of this Lease by giving Tenant written notice of Lessor’s election to do so 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 any time prior to minimize interference with Tenant’s use and occupancy completion of the Premises in making any repairs, alterations, additions repairs 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 expense shall employ contractors or labor at so-called overtime or other premium pay rates replacements 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time paynot then be actively undertaking such restoration work.

Appears in 1 contract

Sources: Lease Agreement (First West Virginia Bancorp Inc)

Repairs. (a) Tenant shall keep the Premises Lessee accepts said premises (including all Fixturesglazing, outside adjacent sidewalks and parking areas, if any) in their present condition, acknowledging same to be in good condition andorder and repair; Lessee shall maintain the said premises in as good order and repair as when received, upon expiration damage by fire, war, earthquake, or earlier termination reasonable use wand 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 TermCalifornia Civil Code, shallor any other law which would permit Lessee to make repairs at Lessor's expense. Lessee agrees to water, subject 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 terms monthly rental. Included in repairs and conditions maintenance for which the Lessee is obligated to pay are: replacement when necessary of Section 5.03(d) hereinlight globes, surrender 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 not limit the same general provisions hereof concerning repairs. For the duration of the lease, Lessee agrees to Landlord maintain and pay for a service contract which meets the manufacturer's recommendations of the air conditioning and heating systems installed in the same condition as when first occupied, reasonable wear and tear exceptedleased premises. Tenant’s obligation Lessor shall include the obligation not be obligated to repair all damage caused by Tenantminor settlement cracks on walls or floor of the leased premises, 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 be responsible for the leaking of said walls due thereto or allow to be committed any waste or damage to any portion as the result of the Premises or the Buildingporosity thereof. (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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.

Appears in 1 contract

Sources: Lease (Resound Corp)

Repairs. Landlord shall maintain and repair the exterior of and the public portions of the Building and ail Building systems servicing the Demised Premises. Tenant shall, throughout the term of this lease, take good care of the Demised Premises (awhich includes the setback space) including the windows and window frames and, the fixtures and appurtenances therein and at Tenant's sole cost and expense promptly make all repairs thereto and to the Building, whether structural or non-structural in nature, caused by or resulting from the carelessness, omission, neglect or improper conduct of Tenant, Tenant's servants, employees, invitees, or licensees. Tenant shall keep also repair all damage to the Building and the Demised Premises (including all Fixtures) in good condition andcaused by the moving of Tenant's fixtures, upon expiration furniture or earlier termination equipment All the aforesaid repairs shall be of quality or class equal to the Termoriginal work or construction. If Tenant fails, after 15 days notice, to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by the Landlord at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible, as additional rent, after rendition of a ▇▇▇▇ or statement therefor, if the Demised Premises be or become infested with vermin, Tenant shall, subject to the terms and conditions of Section 5.03(d) hereinat its expense, surrender 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 same Demised Premises and following such notice, Landlord shall remedy the condition as when first occupiedwith due diligence, reasonable wear and tear excepted. Tenant’s obligation shall include but at the obligation to repair all damage caused by expense of Tenant, its if repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees, invitees and or licensees as aforesaid. There shall be no allowance to the equipment Tenant for a diminution of rental value and other installations in no liability on the Premises part of Landlord by reason of inconvenience, annoyance or anywhere in the Building. Any maintenanceinjury to business arising from Landlord, repair Tenant or replacement others making or failing 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 make any repairs, alterations, additions or improvements in or to any portion of the Building or the Demised Premises 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 expense 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 fixtures, appurtenances or equipment thereof. The provisions of this Article 4 with respect to the making of repairs shall not apply in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s request, Landlord casualty with regard to which Article 9 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payapply.

Appears in 1 contract

Sources: Office Lease (Arbinet Thexchange Inc)

Repairs. (a) Landlord shall be responsible for maintaining and repairing the Common Areas of the Building and the structural aspects of the Premises 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, and the acceptance of possession of the Premises by Tenant shall keep be conclusive evidence as against Tenant that the Premises are now in tenantable and good condition. Tenant shall take good care of the Premises and shall maintain the Premises and any equipment exclusively serving the Premises (including whether located in the Premises or the Common Areas) and make all Fixtures) repairs and replacements in order to preserve the Premises in good condition andworking order and condition. In addition, Tenant shall reimburse Landlord, within thirty (30) days of written demand, for the cost of any and all repairs or replacements to the Common Areas or the structural aspects of the Premises necessitated or occasioned by the acts, omissions or negligence of Tenant or any person claiming through or under Tenant, or any of their servants, employees, contractors, agents, visitors or licensees, or by the use or occupancy or manner of use or occupancy of the Premises by Tenant or 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 business arising from any repairs, maintenance, alteration or improvement in or to any portion of the Premises, the Common Areas or the Building or in or to the fixtures, appurtenances or equipment therein. Tenant hereby waives all right to make repairs at Landlord's expense under the provisions of 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 be at the expense of Tenant, and shall be considered as part of the consideration for leasing the Premises except as otherwise expressly provided herein. All damages or injury done to the Premises by Tenant or by any person who may be in or upon expiration the Premises with Tenant's consent or earlier at Tenant's initiation, shall be paid for by Tenant, and Tenant shall, at the termination of the Term, shall, subject to the terms and conditions of Section 5.03(d) hereinthis Lease, surrender the same Premises to Landlord in the same as good condition and repair as when first occupiedaccepted by Tenant, 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.

Appears in 1 contract

Sources: Office Lease (Looksmart LTD)

Repairs. (a) Tenant Sublessee shall keep maintain the Subleased 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 or better condition as when first occupied, than the condition in which the Subleased Premises existed on the Commencement Date (reasonable wear and tear exceptedexcluded). Tenant’s obligation shall include Notwithstanding any other provisions of this Sublease (including, without limitation, 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 theretoquiet enjoyment covenant of Paragraph 2.3), the Building systemsonly 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 Building’s structural components or any areas outside the Premises repairs and which is Tenant’s obligation to perform shall be performed by Landlord at Tenant’s expense. Tenant shall not commit or allow maintenance to be committed any waste or damage to any portion provided by Master Lessor under Section 5.4 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 Master Lease. Sublessor shall have no obligation to employ contractors perform or labor at so-called overtime make any such repairs or other premium pay rates or maintenance with respect to incur any other overtime costs or expenses whatsoever, except that Landlordthe Subleased Premises. Sublessee agrees, at its expense shall employ contractors sole cost and expense, to perform all repairs to and maintenance of the Subleased Premises required by Sublessor as tenant under the Master Lease, including, without limitation, those described in Section 5.5 of the Master Lease. Notwithstanding the foregoing, Sublessor does hereby assign, transfer and set over to Sublessee any and all rights it has or labor at so-called overtime or other premium pay rates if necessary to make any repair required might have against the Master Lessor under the Master Lease for all repairs -------------------------------------------------------------------------------- OFFICE BUILDING SUBLEASE -4- and maintenance to be made provided 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, precludes Tenant from conducting its business from more than thirty percent (30%) Master Lessor under Section 5.4 of the Premises. In all other casesMaster Lease, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal that such repairs involved are applicable to the difference between Subleased Premises. Sublessee shall pursue any such rights and 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 liability (including, without limitation, attorneys' fees and costs) asserted against Sublessor by Master Lessor by reason of Sublessee's pursuit of such rights and remedies. This assignment will terminate contemporaneously with the overtime or other premium pay and straight time paytermination of this Sublease.

Appears in 1 contract

Sources: Office Building Sublease (Vialink Co)

Repairs. (a) No representations, except as contained herein or endorsed hereon, have been made to Tenant respecting the condition of the Premises, and the acceptance of possession of the Premises by Tenant shall keep 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 Premises (including all Fixturesspecifically excluding any repairs to the Building exterior, the roof, the roof membrane, if applicable, the structure, foundation or 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 condition andworking order and condition. In addition, Tenant shall reimburse Landlord, within thirty (30) 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 or negligence of Tenant or any person claiming through or under Tenant, or any of their servants, employees, contractors, agents, visitors or licensees, or by the use or occupancy or manner of use or occupancy of the Premises by Tenant or any such person. Unless otherwise caused by the gross negligence or willful misconduct of Landlord and/or Landlord Parties, 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 business arising from any repairs, maintenance, alteration or improvement in or to any portion of the Premises, the Common Areas or the Building or in or to the fixtures, appurtenances or equipment therein. Tenant hereby waives all right to make repairs at Landlord’s expense under the provisions of 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 be at the expense of Tenant, and shall 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 expiration the Premises with Tenant’s consent or earlier at Tenant’s invitation, shall be repaired with material of equal or better quality than the then existing installation of Building Standard materials paid for by Tenant, and Tenant shall, at the termination of the Term, shall, subject to the terms and conditions of Section 5.03(d) hereinthis Lease, surrender the same Premises to Landlord in the same as good condition and repair as when first occupiedaccepted by Tenant, reasonable wear and tear and damage by insured casualty 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.

Appears in 1 contract

Sources: Office Lease (Medivation, Inc.)

Repairs. Landlord shall maintain and repair the public portions of the Building, both exterior and interior, all Building systems and the restrooms on the ninth (a9th) 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 shall keep in accordance with the Premises (including all Fixtures) in good condition andterms of this Lease. Tenant shall, upon expiration or earlier termination of throughout the Term, shalltake good care of the Premises and the fixtures and appurtenances therein and at Tenant's sole cost and expense, subject make all nonstructural repairs thereto as and when needed to the terms preserve them in good working order and conditions of Section 5.03(d) herein, surrender the same to Landlord in the same condition as when first occupiedcondition, reasonable wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted. Tenant’s obligation Tenant shall include pay Landlord for all replacements to the obligation lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing and subject to repair 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, its agents, employees, invitees or licensees, shall be repaired promptly by Tenant, at its sole cost and licensees expense, to the equipment reasonable satisfaction of Landlord. Subject to the terms of Article 9C hereof, Tenant also shall repair all damage to the Building and other installations in the Premises caused by the moving of Tenant's fixtures, furniture or anywhere in equipment by or on behalf of Tenant, Tenant's subtenants, agents, employees, invitees or licensees. All the Building. Any maintenance, repair or replacement aforesaid repairs shall be of quality and class equal to the windows (including any solar film attached thereto), the Building systems, the Building’s structural components original work or any areas outside the Premises construction 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 made in accordance with the standards that are customarily followed provisions of Article 3 hereof. If Tenant fails after ten (10) days notice to proceed with due diligence to make repairs required to be made by Tenant hereunder, or if Landlord elects to make any repairs in or to 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 operation Premises for which Landlord may be responsible hereunder. Except as expressly provided in Articles 10 and maintenance 29 hereof, there shall be no allowance to Tenant for a diminution of First-Class Office Buildings (rental value and no liability on the “Standard”). (c) part of Landlord shall use reasonable efforts by reason of inconvenience, annoyance or injury to minimize interference with Tenant’s use and occupancy of the Premises in making 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 Building, or the Premises, 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 fixtures, appurtenances, or expenses whatsoever, except that Landlord, at its expense 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 equipment thereof. If the Premises and/or (ii) except in the case of a fire be or other casualtybecome infested with vermin, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other casesTenant, at Tenant’s request's expense, shall cause the same to be exterminated from time to time to the reasonable satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be 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 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 employ contractors or labor at so-called overtime or other premium pay rates and incur not be liable for any other overtime costs or expenses in making any repairs, alterations, additions or improvements to the extent it is practicable to do so, damage Tenant may sustain thereby and Tenant shall pay not be entitled to Landlordany 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 additional rentaforesaid, within twenty (20) days after demandthen, an amount equal unless Tenant is required pursuant to this Lease to perform the difference between 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 period during which such windows are temporarily closed, darkened or bricked-up, but the foregoing shall not require Landlord to engage overtime or other premium premium-pay and straight time paylabor.

Appears in 1 contract

Sources: Lease Agreement (Predictive Systems Inc)

Repairs. Section 7.01 Subject to the terms of this Sublease, Subtenant shall, at its sole cost and expense, (ai) Tenant make such repairs to the Leaseback Space and the fixtures and appurtenances therein (A) necessitated by the act or omission by Subtenant in violation of Subtenant's obligations under; or by the covenants, terms, provisions or agreements contained in this Sublease or (B) pursuant to Legal Requirements or Insurance Requirements with which Subtenant is obligated to comply pursuant to the covenants, terms, provisions or agreements contained in this Sublease, or (C) necessitated by the negligence of Subtenant, its employees, agents or contractors, and the employees of such agents and contractors (except for damage arising from fire or other casualty as provided in Section 15.01 in this Sublease, but nothing contained herein shall keep relieve or release Subtenant from its obligations to replace Subtenant's property pursuant to Section 15.01 of this Sublease), and (ii) during such periods as Subtenant shall be operating the Premises same, maintain and make such repairs to Subtenant's Systems (including all Fixtures) hereinafter defined), as and when needed to preserve them in good working order and condition andas the same would have been maintained by owners of First Class Office Buildings. All damage or injury to the Leaseback Space and to its fixtures, upon expiration appurtenances and equipment, the Subtenant's Systems or earlier termination the Building or to its fixtures, appurtenances and equipment caused by Subtenant moving property in or out of the TermBuilding or by installation or removal of furniture, shallfixtures or other property by, or on behalf of, Subtenant shall be repaired, restored or replaced promptly by Subtenant at its sole cost and expense. Anything to the contrary provided herein notwithstanding, but subject to the terms and conditions provisions of Section 5.03(d9.03 of this Sublease, in no event shall Subtenant be responsible for any repairs necessitated by the act, omission (in violation of Sublandlord's obligations under, or agreements contained in, this Sublease, the ▇▇▇▇▇▇▇▇▇ or pursuant to Legal Requirements or Insurance Requirements) or negligence of Sublandlord or its employees, agents or contractors (and the employees of such agents and contractors). As used herein, surrender the same to Landlord in term "Subtenant's Systems" means all plants, machinery, equipment, trade fixtures and personal property which becomes part of the same condition as when first occupiedreal property by incorporation therein, reasonable wear including, but not limited to, any ventilating and tear excepted. Tenant’s obligation shall include the obligation to repair all damage caused by Tenantair conditioning systems, its agentscommunications and telecommunications apparatus, employees, invitees and licensees to the electrical equipment and other installations all equipment and materials and any ancillary cabling and wiring used in connection therewith or necessary for the Premises use thereof, designed or anywhere in used exclusively for Subtenant's sole use or for systems owned by Subtenant or systems dedicated to Subtenant's sole and exclusive use or which Subtenant has the Building. Any maintenanceexclusive right, repair or replacement under this Sublease, 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 Buildingoperate. (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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.

Appears in 1 contract

Sources: Sublease (Credit Suisse First Boston Usa Inc)

Repairs. (a) Tenant Subject to Paragraph 5(b), Landlord shall make all necessary repairs to the exterior walls, exterior doors, windows, corridors and other common areas of the Building and Landlord shall keep the Premises (including Building in a safe, clean and neat condition, and use reasonable efforts to keep all Fixtures) equipment used in common with other tenants, such as elevators, plumbing, heating, air conditioning, intrabuilding network cabling and similar equipment, in good condition andand repair. Except as provided in Paragraphs 14 and 15 hereof, 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 there shall be performed no abatement of rent and no liability of Landlord by Landlord at reason of any injury to or interference with or interruption of Tenant’s expense. Tenant shall not commit 's business arising from the failure of any such equipment or allow to be committed the making of any waste repairs, alterations or damage improvements in or 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 or to fixtures, appurtenances and equipment therein. Tenant waives the cleaning and maintenance thereof; providedright to make repairs at Landlord's expense under Section 1942 of the California Civil Code, howeveror under any law, that statute or ordinance now or hereafter in effect. Landlord shall have no obligation to employ contractors repair until a reasonable time after receipt of notice or labor at so-called overtime or other premium pay rates or knowledge of the need for repair. The cost of all such work by Landlord shall be included in Operating Expenses pursuant to incur any other overtime costs or expenses whatsoever, except Paragraph 3. (b) Tenant agrees that Landlord, at its expense shall employ contractors or labor at so-called overtime or other premium pay rates if necessary it will make all repairs to make any repair the Premises and fixtures therein not required above to be made by it hereunder to remedy Landlord and shall do all decorating, remodeling, alteration and painting required by Tenant during the term of this Lease. Tenant will pay for any condition that either (i) results in a denial of access repairs to the Premises and/or (ii) except or the Building made necessary by any negligence or carelessness of Tenant or its assignees, subtenants, employees of their respective agents or other persons permitted in the case Building by Tenant, or any of a fire or other casualtythem, precludes Tenant from conducting its business from more than thirty percent (30%) of and will maintain the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlordwill leave the Premises upon termination of this Lease in a safe, as additional rentclean, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay neat and straight time paysanitary condition.

Appears in 1 contract

Sources: Lease (Nemus Bioscience, Inc.)

Repairs. (a) 7.01 Tenant shall keep take good care of the Premises demised premises and the fixtures, equipment and appurtenances therein and shall, at its sole cost and expense, make such repairs (including all Fixturesexcept as provided in this Lease and except to the extent such repairs are necessitated by Landlord's negligence) to the demised premises and the fixtures, equipment and appurtenances therein as are necessitated by the (i) act, omission, occupancy or negligence of Tenant or Tenant'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 condition and, upon expiration or earlier termination of working order and condition. Notwithstanding the Term, shallforegoing, subject to the terms and conditions provisions of Section 5.03(d) herein9.08 hereof, surrender 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 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 equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, 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 may be performed made by Landlord at Tenant’s expensethe expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within fifteen (15) days after rendition of a ▇▇▇▇ therefor. Tenant shall not commit or allow to be committed any waste or damage to any portion The exterior walls of the Premises or Building, the portions of any window ▇▇▇▇▇ outside the windows, the windows, the fire stairs, utility closets and any shafts passing through the floor on which the demised premises are located are not part of the premises demised by this Lease, and Landlord reserves all rights to such parts of the Building. (b) 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 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 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 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”)be under no obligation to endeavor to reduce such vibration, noise, heat or cold. (c) 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 shall use reasonable efforts by reason of inconvenience, annoyance or injury to minimize interference with Tenant’s use and occupancy business arising from the making of the Premises in making any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises 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 fixtures, appurtenances or expenses whatsoever, except that equipment thereof. 7.05 Landlord, at its expense expense, shall employ contractors 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 labor about the Building 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 so-called overtime least seven (7) consecutive days, then, provided Tenant actually vacates (as to personnel and conduct of business) the demised premises or other premium pay rates if necessary to make any repair required to be made by it a portion thereof so affected during such period of untenantability, the fixed rent payable hereunder to remedy any condition that either (i) results shall ▇▇▇▇▇ in a denial of access proportion to the Premises and/or portion that is rendered untenantable for the remainder of such period of untenantability. Tenant shall provide written notice (ii) except in hereinafter called the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%"Abatement Event Notice") of the Premises. In all other cases, at Tenant’s request, Landlord shall employ contractors Abatement Event on 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 before the extent it is practicable to do sosecond (2nd) Business Day following the day on which the Abatement Event commences, and in the event that Tenant shall pay fail to Landlordgive 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 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 additional rentprovided for in Article 21 of this Lease, within twenty (20) days after demandthe interruption of utilities or unreasonable interference with Tenant's business caused by the making of the repairs in accordance with this Article 7, an amount equal to the difference between the overtime or other premium pay and straight time payprovided that Tenant shall not have necessitated such repairs.

Appears in 1 contract

Sources: Sublease Agreement (Eyetech Pharmaceuticals Inc)

Repairs. (a) A. Landlord and Tenant shall keep agree to the Premises (including all Fixtures) following arrangements concerning repairs to the Leased Premises: Landlord agrees to maintain in good condition andand repair as necessary the foundations, upon expiration or earlier termination exterior walls, exterior doors and roof of the TermPremises, shallas well as, subject and all exterior walkways and parking areas EXCEPT AS NOTED IN SECTION 19-B. Tenant agrees that it will make at its own cost and expense, all repairs and replacements 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 Leased 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 expense 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 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 hereunder during the term of the Lease at its own expense; to remedy pay for any condition that either (i) results in a denial of access repairs to the Premises and/or (ii) except or Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and to maintain the Premises in a safe, clean, neat and sanitary condition. Tenant shall be entitled to no compensation for inconvenience, injury or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises 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 a clean, tidy and sanitary manner. D. The Tenant shall contact _Ted Ave ▇▇▇.▇▇▇.▇▇▇▇_ in the case event of a fire any repair or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payemergency.

Appears in 1 contract

Sources: Commercial Lease Agreement

Repairs. Section 9.1 Except for ordinary wear and tear, casualty and condemnation and except as otherwise provided in Section 9.2, Landlord shall perform all maintenance and make all repairs and replacements to the Premises (aincluding the Leasehold Improvements) and such costs shall be included within the Operating 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 all Fixturesthe Leasehold Improvements) in good condition andorder and in a safe, upon expiration neat and clean condition. Except as provided in Section 10.1 or earlier termination specifically consented to by Landlord, Tenant shall not perform any maintenance or repair work or make any replacement in or to the Premises (including the Leasehold Improvements) but rather shall promptly notify Landlord 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 need for such maintenance, repair or replacement so that Landlord may proceed to perform the same pursuant to the windows (including provisions of Section 9. 1. In the event Landlord specifically consents to the performance of any solar film attached thereto)maintenance or the making of any repairs or replacements by Tenant and Tenant fails to promptly commence and diligently pursue the performance of such maintenance or the making of such repairs or replacements, then Landlord, at its option, may perform such maintenance or make such repairs and Tenant shall reimburse Landlord, on demand after Tenant receives an invoice therefor, the Building systems, actual cost thereof plus a fee equal to fifteen percent (15%) of the Building’s structural components actual costs to cover overhead and a fee for Landlord's agent or any areas outside the Premises and which is Tenant’s obligation manager. Section 9.3 All repairs made by Tenant pursuant to perform Section 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 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 thereofProject's management office; provided, however, that Landlord shall have no obligation to employ neither Tenant nor its contractors or labor at so-called overtime 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 other premium pay rates or to incur in a manner which allows 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 if necessary to make any repair required liens to be made by it hereunder to remedy filed in violation of Article 11. To the extent any condition that either (i) results in a denial repairs involve the making of access alterations to the Premises and/or (ii) except in Premises, Tenant shall comply with the case provisions of a fire or Article 10. Section 9.4 Subject to the other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) provisions of the Premises. In all other cases, at this Lease imposing obligations regarding repair upon Tenant’s request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates repair all machinery and incur any other overtime costs or expenses equipment necessary to provide the services of Landlord described in making any repairs, alterations, additions or improvements to the extent it is practicable to do so, and Article 7 (provided that Tenant shall pay the costs of any repair to Landlordsuch systems or any part thereof damaged by the negligence or willful misconduct of Tenant or Tenant's employees, as additional rentcustomers, within twenty (20clients, agents, licensees and invitees) days after demand, an amount equal and for repair of all portions of the Project which do not comprise a part of the Premises and are not leased to the difference between the overtime or other premium pay and straight time payothers.

Appears in 1 contract

Sources: Lease Agreement (Teamstaff Inc)

Repairs. (a) Tenant shall give to Landlord prompt written notice of any damage to, or defective condition in the Building structure or in any part or appurtenance of the Building's plumbing, electrical, heating, air--conditioning, ventilation, sprinkler, elevator or other systems serving, located in, or passing through the Premises. Subject to the provisions of this Section 12, Tenant shall, at Tenant's own expense, keep the Premises (including all Fixtures) in good order, condition and, upon expiration or earlier termination of and repair during 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 whatsoeverterm, except that Landlord, at Landlord's expense (unless caused by the fault or negligence of Tenant, its expense contractors, agents, or employees in which case Tenant shall employ contractors pay Landlord for any deductible and any cost which either exceeds insurance proceeds Landlord receives or labor at sowhich is not covered under Landlord's insurance policy in respect of such damage) shall keep in repair and maintain the exterior of the Building, the electrical, heating, air-called overtime conditioning, ventilation, sprinkler, elevator or other premium pay rates if necessary systems serving, located in or passing through the Premises, plumbing fixtures located in the Building (except those installed by Tenant with Landlord's approval), outside walls, including windows, loadbearing walls (except as to surface damage done by or attributable to Tenant) and doors and roof. Tenant, at Tenant's expense, shall comply with all laws and ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Premises or to Tenant's use thereof, except that Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Premises, unless such alteration is required by reason of a condition which has been created by, or at the instance of, Tenant, or is required by reason of a breach of any of Tenant's covenants and agreements hereunder. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repair required to be made by it hereunder to remedy repairs or replacements of any condition that either (i) results panels, decoration, office fixtures, railing, ceiling, floor covering, partitions, or any other property installed in a denial of access to the Premises and/or (ii) except in by Tenant unless such injury or damage is a direct result of negligence on the case part of a fire Landlord or other casualtyits contractors, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s request, Landlord shall employ contractors agents 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 extent it is practicable to do soemployees, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime is not reimbursed for such injury or other premium pay and straight time paydamage from insurance proceeds.

Appears in 1 contract

Sources: Lease Agreement (Harris Interactive Inc)

Repairs. (a) Tenant Landlord shall keep maintain the Premises Common Areas and the structural elements of the Building, including the foundation, exterior walls, roof (including the roof membrane and all Fixtures) in good condition androofing systems), upon expiration or earlier termination of the Termmezzanine, shallelevators, subject base Building fire and life safety, and all utility service lines to the terms point where same enter the Building, and conditions of Section 5.03(d) hereinthe heating, surrender the same to ventilating, air conditioning, electrical, plumbing and mechanical systems provided by Landlord in the same condition as when first occupiedBuilding, reasonable wear and tear excepted. Tenant’s obligation the cost thereof shall include be included in Operating Expense; provided, however, that if any such repairs shall be occasioned by the obligation to repair all damage caused by acts or negligence of Tenant, its agents, employees, invitees customers or invitees, or the particular nature of Tenant’s use of the Premises, Tenant 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 licensees replacements to the equipment Premises, including the heating, ventilating, air conditioning, electrical, plumbing 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 mechanical systems serving the Premises and which is all Tenant Finishing Work, and keep and maintain the same in good condition and repair so that at the expiration of 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 tear excepted. Tenant shall replace any light bulbs, tubes and ballasts in the Premises. Tenant shall be responsible for repairing any damage to the Building caused by the installation or moving of Tenant’s obligation furniture, equipment, cabling and 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 perform shall be performed by Landlord at Tenant’s expensethe Premises. Tenant shall not commit defer any repairs or allow replacements to be committed any waste or damage to any portion the Premises by reason of the anticipation of the expiration of the Term. The surrender of the Premises upon the expiration or early termination of this Lease shall not relieve Tenant of the Building. obligation to pay for all repairs or 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 fails to perform its obligations hereunder and such failure continues for ten (b10) Landlord shall days after notice thereof, Landlord, at Landlord’s option, may elect to perform all times operate or part of the maintenance, repairs and maintain servicing 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, in accordance with which event the standards that are customarily followed cost thereof shall be at Landlord’s option either billed directly to and paid by Tenant as additional rent or included in Operating Expense. Except as aforesaid, in the operation and maintenance event that, at the request of First-Class Office Buildings (the “Standard”). (c) Tenant, Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy performs any maintenance, repairs or servicing of the Premises in making any repairswhich is the obligation of Tenant hereunder, 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and then Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payLandlord directly therefor.

Appears in 1 contract

Sources: Single Tenant Office Lease (Bridgepoint Education Inc)

Repairs. (a) Tenant shall keep the Premises (including including, without limitation, 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 exceptedexpected. Tenant’s 's obligation shall include include, without limitation, 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 including, without limitation, any solar film attached thereto), the Building systems, the Building’s 's structural components or any areas outside the Premises and which is Tenant’s 's obligation to perform shall be performed by Landlord at Tenant’s expense's expense (which expense shall be equal to Landlord's actual out-of-pocket costs, which shall be commercially reasonable). 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 (as defined in the ▇▇▇▇▇▇▇▇▇) (the "Standard"). (c) Landlord shall use reasonable efforts to minimize interference with Tenant’s '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 expect that Landlord, at its expense expense, shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to (i) meet the Standard or (ii) make any repair required to be made by it Landlord hereunder to remedy any condition that either (ix) results in a denial of access to the Premises and/or (iiy) except in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 's 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.

Appears in 1 contract

Sources: Lease (Credit Suisse First Boston Usa Inc)

Repairs. (a) Tenant shall keep put, keep, repair, replace and maintain the Leased Premises (including at all Fixtures) times in good a good, neat, clean and sanitary condition and, upon expiration or earlier termination and state 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 occupiedrepair, reasonable wear and tear excepted. Tenant’s obligation shall include the obligation to repair all 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, its officers, employees and agents. Tenant shall allow Landlord access to the Leased Premises during all reasonable hours to make repairs required to be made by Tenant which Tenant fails or refuses to make, within a reasonable period of time, and shall pay Landlord as Additional Rent the cost of such repairs made for Tenant by Landlord, together with 15% of such costs. Subject to Tenants obligation to pay Operating Expenses pursuant to Section 5, Landlord shall make all necessary repairs to the outer walls, roof, and structural elements of the Building. Landlord shall keep the plumbing, sewage, heating, air conditioning, electrical and 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, invitees and licensees to the equipment and agents, or by requirements of law, ordinance or 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 governmental directive 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 arise out 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 nature of First-Class Office Buildings (the “Standard”). (c) Landlord shall use reasonable efforts to minimize interference with Tenant’s 's use and occupancy of the Leased Premises in making any repairs, alterations, additions or improvements to the Building or installations of Tenant in the cleaning and maintenance thereof; provided, however, that Landlord Leased Premises 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 if necessary to make any repair required to be made paid for 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rentAdditional Rent hereunder, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payimmediately upon billing.

Appears in 1 contract

Sources: Lease Agreement (2nd Swing Inc)

Repairs. Owner shall maintain and repair the exterior of and the public portion of the building. Tenant shall, throughout the term of this lease, take good care of the demised premises including the bathrooms and lavatory facilities (aif the demised premises encompass the entire floor of the building) and the windows and window frames and, the fixtures and appurtenences therein and at Tenant’s sole cost and expense promptly make all repairs a thereto and to the building, whether structural or non-structural in nature, caused by or resulting from the carelessness, omission, neglect or improper conduct of Tenant, Tenant’s servants, employees, invitees or licensees, and whether or not arising from such Tenant conduct or omission, when required by other provisions of this lease, including Article 6, Tenant shall keep also repair all damage to the Premises (including all Fixtures) in good condition andbuilding and the demised premises caused by the moving of Tenant’s fixtures, upon expiration furniture or earlier termination equipment. All the aforesaid repairs shall be of quality or class equal to the Termoriginal work or construction. It Tenant fails, after ten days notice, to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by the Owner at the expense of Tenant, and the expenses thereof incurred by Owner shall be collectible, as additional rent, after rendition of a b▇▇▇ or statement therefore. If the demised premises be or become infested with vermin, Tenant shall, subject to the terms and conditions of Section 5.03(d) hereinat its expense, surrender cause the same to Landlord be exterminated. Tenant shall give Owner prompt notice of any defective condition in any plumbing, heating system or electrical lines located in the same demised premises and following such notice, Owner shall remedy the condition as when first occupiedwith due diligence, reasonable wear and tear excepted. but at the expense of Tenant, if repairs are necessitated by damage or injury attributable to Tenant, Tenant’s obligation shall include the obligation to repair all damage caused by Tenantservants, its agents, employees, invitees and or licensees as aforesaid. Except as specifically provided in Article 9 or elsewhere in this lease, there shall be no allowance to the equipment Tenant for a diminution of rental value and other installations in no liability on the Premises part of Owner by reason of inconvenience, annoyance or anywhere in the Building. Any maintenanceinjury to business arising from Owner, repair Tenant or replacement others making or failing 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 make any repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in and to the Building fixtures, appurtenances or in 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 cleaning and maintenance thereof; provided, however, that Landlord shall have no obligation to employ contractors covenants of this or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever, except article of this lease. Tenant agrees that Landlord, Tenant’s sole remedy at its expense shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make law in such instance will be by way of any repair required to be made by it hereunder to remedy any condition that either (i) results in a denial action for damages for breach of access contract. The provisions of this Article 4 with respect to the Premises and/or (ii) except making of repairs shall not apply in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s request, Landlord casualty with regard to which Article 9 hereof 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payapply.

Appears in 1 contract

Sources: Loft Lease (Nara Bancorp Inc)

Repairs. (a) Tenant shall Subject to the provisions of Paragraph 13, the Lessee shall, at the Lessee's own expense, keep the Premises (including all Fixtures) in good order, condition and, upon expiration or earlier termination of and repair during the Term, shallincluding the replacement of all broken glass with glass of the same size and quality, subject with signs thereon, under the supervision and with the approval of the Lessor. If the Lessee does not make repairs promptly and adequately, the Lessor may, but need not, make repairs, and the Lessee shall pay promptly the cost thereof. At any time or times, the Lessor, either voluntarily or pursuant to governmental requirement, may, at the Lessor's own expense, make repairs, alterations or improvements in or to the terms and conditions of Section 5.03(d) hereinBuilding or any part thereof, surrender including the same to Landlord in the same condition as when first occupiedPremises, reasonable wear and tear excepted. Tenant’s obligation shall include the obligation to repair and, during operations, may close entrances, doors, corridors, elevators or other facilities, all damage caused by Tenant, its agents, employees, invitees and licensees without any liability to the equipment Lessee by reason of interference, inconvenience or annoyance. The Lessor and other installations in the Premises or anywhere in the Building. Any maintenance, repair or replacement its beneficiaries shall not be liable to the windows (including Lessee for any solar film attached thereto)expense, the Building systemsinjury, 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 loss or damage to any portion of the Premises resulting from work done in or upon, or the Building. (b) Landlord use of, any adjacent or nearby building, land, street or alley. The Lessee shall at all times operate pay the Lessor for overtime and maintain the Building for any other expense incurred 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 event repairs, alterations, additions decorating or improvements to other work in the Premises are not made during ordinary business hours at the Lessee's request. Lessor, at Lessor's own expense, shall maintain in good order, condition and repair during the Term, the roof, foundation and structural components of the Building or in other than the cleaning and maintenance thereof; providedPremises, however, such that Landlord the same shall have no obligation to employ contractors or labor be 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 if necessary to make any repair required to be made by it hereunder to remedy any condition that either (i) results all times in a denial of access to the Premises and/or (ii) except clean and sanitary condition, in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In full compliance with all other cases, at Tenant’s 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 extent it is practicable to do soapplicable laws, and Tenant shall pay to Landlordin a condition at lease as good as that maintained at other comparable office buildings within the City of Chicago. Lessor may include within the Operating Expenses, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payLessor's expenses incurred in complying with this paragraph.

Appears in 1 contract

Sources: Office Lease (Tunes Com Inc)

Repairs. (a) 9.1 Tenant shall keep the Premises (including all Fixtures) in take good condition and, upon expiration or earlier termination care 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 at Tenant’s obligation 's cost and expense shall make all repairs and replacements, as and when Landlord deems necessary, to perform preserve the Premises in good working order and in a clean, safe and sanitary condition, except that any structural repairs or structural replacements deemed necessary by Landlord shall be performed made by Landlord on behalf of Tenant and at Tenant’s 's expense. Tenant Landlord shall not commit be liable for and, except as provided in Article 14 hereof, there shall be no abatement of Rent with respect to any injury to or allow to be committed interference with Tenant's business arising from any waste repairs, maintenance, alteration or damage improvement in or to any portion of the Premises Building, including the Premises, or in or to the Buildingfixtures, appurtenances and equipment therein. Tenant hereby waives and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. 9.2 All repairs and replacements made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed (a) at Tenant's cost and expense and at such time and in such manner as Landlord may reasonably designate, (b) Landlord by contractors or mechanics approved by Landlord, (c) so that same shall be at all times operate least equal in quality, value, and maintain utility to the Building original work or installation, and (d) in accordance with the standards that are customarily followed Rules and Regulations for the Building adopted by Landlord from time to time and in accordance with all applicable laws and regulations of governmental authorities having jurisdiction over the operation and maintenance of First-Class Office Buildings (the “Standard”). (c) Premises. If Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy gives Tenant notice of the Premises in making necessity of any repairs, alterations, additions repairs 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 expense shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair replacements required to be made under Article 9.1 above and Tenant fails to commence diligently to effect the same within 10 days thereafter, Landlord may proceed to make such repairs or replacements and the expenses incurred by it hereunder Landlord in connection therewith shall be due and payable from Tenant upon demand as Additional Charges; provided that Landlord's making any such repairs or replacements shall not be deemed a waiver of Tenant's default in failing to remedy any condition that either (i) results make the same. Landlord shall operate, maintain and repair the Building in a denial of access to the Premises and/or (ii) except in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payfirst class manner.

Appears in 1 contract

Sources: Office Lease (Netgateway Inc)

Repairs. (a) Tenant shall keep the Premises (including all Fixtures) in good condition and, upon expiration or earlier termination of the Term, shall, subject Subject to the terms provisions of Paragraphs 9 and conditions 58 of Section 5.03(d) hereinthis lease, surrender during the same full term of this lease, Landlord shall make all structural repairs to Landlord in the same condition as when first occupiedDemised Premises, reasonable wear and tear excepted. Tenant’s obligation except those which shall include have been occasioned by the obligation to repair all damage caused by acts of omission or commission of Tenant, its agents, employeesemployees or invitees, 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 repairs Landlord shall be performed by Landlord make at Tenant’s sole cost and expense. Tenant shall not commit or allow Structural repairs are hereby defined to be committed any waste or damage repairs to any portion of the Premises or roof supports, the Building. (b) bearing walls, foundation and the structural steel. Landlord shall at perform all times operate maintenance and maintain the Building repair work with reasonable diligence and in accordance with the standards that are customarily followed in the operation a workmanlike manner and maintenance of First-Class Office Buildings (the “Standard”). (c) Landlord shall agrees to use commercially reasonable efforts to minimize interference with Tenant’s use business operations at the Demised Premises. Except for Landlord’s obligations specifically set forth in this Paragraph 48, Tenant shall, at its own cost and occupancy expense, keep the Demised Premises in good condition, repair and appearance at all times throughout the term of this lease including, without limitation, (i) maintenance, repair and replacement of the Premises in making any repairselectrical, alterationsplumbing, additions or improvements to sprinkler, heating, air conditioning, ventilation, life safety and all other mechanical systems servicing the Building or in the Demised Premises; (ii) regularly-scheduled cleaning and maintenance thereofof the interior of the Demised Premises; provided(iii) the maintenance, howeverrepair and replacement of all windows, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or doors and plate glass; and (iv) maintenance, repair and replacement of the roof, 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 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 than with respect to the Premises and/or (ii) except roof area described in Paragraph 47 above and the case roof supports described in this Paragraph 48(a). Tenant shall at all times obtain and keep in full force and effect for the benefit of Landlord and Tenant with a fire or other casualtyresponsible company doing business in Suffolk County a service, precludes Tenant from conducting its business from more than thirty percent (30%) of repair and maintenance contract with respect to the heating, ventilating and air conditioning systems servicing the Demised Premises. In all other casesA copy of such contract and renewals thereof shall, at Tenant’s request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates upon issuance and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements to the extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty thereafter not later than ten (2010) days after demandprior to expiration, an amount equal be furnished to the difference between the overtime or other premium pay and straight time payLandlord together with evidence of payment.

Appears in 1 contract

Sources: Assignment and Assumption of Lease Agreement (Standard Microsystems Corp)

Repairs. (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 keep the leased premises, all of Tenant’s leasehold improvements, exterior walls and maintain entrances, all glass, and window moldings, parking areas (including snow removal, striping, seal-coating thereof and the Building surface thereof) and all partitions, floors, fixtures, equipment and appurtenances thereof (including lighting, light bulbs and ballasts, heating and plumbing fixtures, heating and air conditioning systems which are located in accordance with or about the standards that are customarily followed leased premises) in the operation good order, condition, replacement and maintenance repair (including reasonable periodic painting as may be required, of First-Class Office Buildings (the “Standard”). (c) which requirement Landlord shall use reasonable efforts be the judge). Structural portions of the building shall be the responsibility of Landlord. For purposes of this Article, structural portions of the building shall include the outer walls, roof, foundation and supporting members of the building structure of which the leased premises constitute a part. Tenant shall secure maintenance contracts or other contracts for all heating, venting, and air conditioning systems constituting a part of the leased premises in order to minimize interference with assure that Tenant’s use obligations pursuant to this Lease. If Tenant refuses or neglects to reasonably maintain, replace or repair the leased premises as required hereunder as soon as reasonably possible after written demand, Landlord may make such repairs or replacements or provide for such maintenance without liability to Tenant, for any loss or damage that may accrue to Tenant’s merchandise, trade fixtures, fixtures, leasehold improvements or other property or to Tenant’s business and occupancy of the Premises in making any repairs, alterations, additions or improvements cost 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to be the Landlord, ’s cost plus 15% for overhead and said cost shall be payable as additional rent, within twenty (20) days after demand, upon presentation of a b▇▇▇ from the Landlord. Tenant has inspected the leased premises and is thoroughly acquainted with its condition and agrees to take Tenant leasehold the same in an amount equal “AS-IS” condition and Tenant shall be responsible and complete any initial improvements at Tenant’s costs and expense which leasehold improvements are specifically itemized in the attached Exhibit A. Landlord has made no representation or promises with respect to the difference between physical condition of the overtime leased premises or any other premium pay matter relating thereto and straight time payTenant acknowledges that it has not relied upon statements of Landlord as to the condition of the leased premises.

Appears in 1 contract

Sources: Lease Agreement (Wireless Ronin Technologies Inc)

Repairs. Landlord shall make the necessary structural ------- repairs to the roof and walls of the building of which the Premises are a part (a) such obligation not to include operating parts such as overhead ducts or fans or skylights). Except for the above and for what may other-wise be specifically provided for in this Lease, Tenant shall keep be responsible for all maintenance and repairs of and to the Premises, including but not limited to the following responsibilities: Tenant shall take good care of the Premises and the fixtures, appurtenances and systems in or affecting the Premises (including but not limited to plumbing, sewers, gutters, downspouts, doors, painting, windows, electrical heating and sprinkler and air conditioning, if any, except components thereof servicing the entire building of which the Premises are a part, such as main power lines, water mains and general sewer lines), and shall make all Fixtures) repairs thereto or replace as and when needed to preserve them in good condition working order and condition, and shall maintain the premises in a clean, neat condition, and Landlord shall maintain the parking area and other outside portions of the Premises, including but not limited to landscaping, all necessary removal of snow, ice and debris, and maintenance of lawns, shrubbery and entranceways and Tenant shall pay its pro rata of same. Tenant shall not permit or suffer the Premises to fall to such low temperature as would cause freezing of the water lines or sprinkler servicing the Premises; and, upon expiration in default hereof, Tenant shall promptly effect and pay for all repairs the need for which shall arise from such freezing, and shall hold Landlord harmless from any loss, damage or earlier termination liability caused by or arising out of such freezing. Notwithstanding anything above to the contrary, all damage or injury to the Premises or to any other part of the Termsaid building, shallor to its fixtures, subject to the terms equipment and conditions of Section 5.03(d) hereinappurtenances, 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 whether requiring structural or non-structural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, its agentsservants, employees, invitees or licensees, shall be repaired promptly by Tenant at its sole cost and licensees expense, to the equipment reasonable satisfaction of Landlord 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.Section 8.01

Appears in 1 contract

Sources: Lease Agreement (Happy Kids Inc)

Repairs. (a) Tenant Landlord shall keep not be required to make any repairs or improvements of any kind upon or to the Premises (including all Fixtures) Premises, except as stated in this Paragraph 29. Landlord shall maintain in good condition andthroughout the Lease term and make all necessary repairs to the Shopping Center foundations, upon expiration or earlier termination roofs, downspouts, gutters and structural repairs to the exterior of the Termbuilding (excluding the interior of all walls within the Premises and the exterior and interior of all windows, shallglass, subject showcases, doors, door frames and bucks) and the sewer and water lines servicing the Premises that are located outside of the Premises and the sprinkler system, unless the necessity for any of such repairs shall have been occasioned by any action, omission to the terms and conditions act or negligence 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 assignees, subtenants, concessionaires or licensees, or their respective employees, agents, employeesor contractors, invitees and licensees in which event Tenant agrees to the equipment and other installations in the Premises or anywhere in the Building. Any maintenancemake such repairs, 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 's cost and expense. Tenant Landlord shall not commit or be required to commence any such repair until after written notice from Tenant that the same is necessary, which notice, except in case of an emergency, shall allow Landlord a reasonable time in which to be committed any waste or damage to any portion of the Premises or the Building. (b) Landlord shall at all times operate commence 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) complete such repair. Landlord shall use reasonable efforts to minimize interference do said repair work with minimum inconvenience, annoyance, disturbance and loss of business to Tenant’s , as may be reasonably possible under the circumstances consistent with accepted construction practice in the vicinity, and so that such work shall be expeditiously completed, but in no event shall Landlord be required to incur any additional expenses for work to be done during hours or days other than regular business hours and days. (b) Subject to the provisions of subparagraph (a) of this Paragraph 29, Tenant agrees, at Tenant's cost and expense, to keep and maintain the Premises and each and every part thereof for Tenant's use and occupancy general use, in good repair, order and condition and in compliance with all Laws and to make all repairs and replacements thereto, and to the fixtures and equipment therein and the appurtenances thereto, including without limiting the generality of the foregoing, the Tenant's Work designated in Exhibit "B," the exterior and interior windows and window frames, doors and door frames, entrances, store fronts, including store front metal work, signs, showcases, floor and wall coverings, interior walls, partitions, insulation, and the lighting, electrical, heating, air conditioning, plumbing, and sewerage systems, lines, pipes, equipment, fixtures and facilities within or serving the Premises, or plenum above the Premises, and the escalators and elevators therein, if any, and the floor slab and that portion of any pipes, lines, ducts, wires or conduits installed by Landlord or Tenant contained under, above or within, and exclusively serving the Premises. Tenant shall keep and maintain the Premises in making any repairsa first-class and attractive condition throughout the Lease Term. Tenant shall replace all damaged or broken glass with glass of equal quality with that broken or damaged, 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 expense 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 damage or destruction by fire or other casualtyinsurable casualty or by eminent domain, precludes the obligations of Landlord and Tenant from conducting its business from more than thirty shall be controlled as hereinafter provided. (c) Following the initial construction of the Premises in compliance with this Lease, Tenant may, with prior notice to Landlord, at Tenant's cost and expense, paint or paper interior walls or change floor coverings in the interior of the Premises only, provided that (i) the structural integrity of the building shall not be affected or diminished; (ii) the value of the building is not diminished; (iii) the exterior appearance (including store front) of the Premises is not altered or changed; (iv) the cost of any such alteration, addition or decoration does not exceed Five Thousand Dollars ($5,000.00); and (v) the sprinkler system design is not affected, modified, altered or changed. In all other instances, Tenant shall secure the prior approval and consent of Landlord for any alteration, construction or improvement. (d) In the event (i) Landlord undertakes a substantial remodeling of the common areas and/or the exterior of the Shopping Center, including, without limitation, an expansion of the Shopping Center in an amount equal to or in excess of ten percent (3010%) of the Premises. In all other casesthen existing GLA of the enclosed mail, at or (ii) this Lease provides for a lease term in excess of five (5) years, then, in the event mentioned in (i) hereof, Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.

Appears in 1 contract

Sources: Shopping Center Lease (Casa Ole Restaurants Inc)

Repairs. Landlord shall, at Landlord's sole cost and expense (a) Tenant but which may be included in Operating Expenses to the extent permitted hereunder), keep and maintain in good working order and repair, and shall keep make such improvements, repairs or replacements as are necessary or appropriate to, the Premises exterior walls, all structural components and elements of the Project, lobbies, stairs, elevators (including without limitation, cabs and doors), corridors and corridor walls and wall treatments, carpeting, public restrooms, roofs, plate glass, parking areas, paved areas, walkways and drives, landscaping, base Building improvements, and all Fixturesfacilities, systems and equipments relating to the furnishing of services (including mechanical, electrical, water, heating, ventilating and air conditioning, life safety and elevators) required to be provided by Landlord pursuant to this Lease, all at such times, in such manner and to such extent as is reasonably necessary or appropriate to maintain the Project in good order and condition consistent with a first-class office building located in the Greenway Plaza and Galleria areas in Houston. All repairs, alterations or additions that affect the Project's structural components or major mechanical, electrical or plumbing systems shall be made by Landlord or its contractors only, and, upon expiration or earlier termination of the Term, shall, subject to the terms and conditions of Section 5.03(d) herein6.7, 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 case of any damage to repair all damage such components or systems caused by Tenant or Tenant, its 's agents, employees, invitees and licensees construction contractors, or cleaning contractors, shall be paid for by Tenant in an amount equal to Landlord's costs plus seven percent (7%) for overhead, which shall be payable within thirty (30) days after demand. Notwithstanding anything to the equipment and other installations contrary contained in the Premises this Section 5.2.1, Landlord shall not be required to make any improvements to or anywhere in the Building. Any maintenance, repair repairs of any kind or replacement character to the windows leasehold improvements within the Leased Premises during the Term, except (including any solar film attached thereto)i) subject to Section 6.7, the Building systems, the Building’s structural components or any areas outside the Premises and which is Tenant’s obligation repairs 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 leasehold improvements to the extent they have been damaged as a result of the negligence of Landlord, or Landlord's agents, employees, construction contractors, or cleaning contractors, and (ii) repairs to Building or in the cleaning and maintenance thereofstandard improvements as may be necessary for normal maintenance; provided, however, that Landlord shall have no obligation to employ contractors or labor at sonon-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 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other casesBuilding standard leasehold improvements shall, at Tenant’s 's written request, be maintained, repaired or replaced by 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 repairsTenant's expense, alterations, additions or improvements to the extent it is practicable to do so, and Tenant shall pay at a cost equal to Landlord's costs plus seven percent (7%) overhead, as additional rent, which shall be payable within twenty thirty (2030) days after demand. Landlord shall, an amount equal as a part of Operating Expenses, replace the flooring in the elevators serving the Leased Premises at least every three (3) years during the Term, such replacement flooring to be of a quality in keeping with a first-class office building located in the difference between the overtime or other premium pay Greenway Plaza and straight time payGalleria areas in Houston.

Appears in 1 contract

Sources: Office Space Lease Agreement (Bank United Corp)

Repairs. (a) Tenant shall keep maintain and preserve 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 occupiedcondition, reasonable wear and tear excepted. , and shall, when and if needed, at Tenant’s obligation shall include the obligation to repair 's sole cost, make all damage caused by Tenant, its agents, employees, invitees and licensees repairs to the equipment Premises and other installations in the Premises or anywhere in the Building. Any maintenanceevery part thereof, repair or replacement to the windows (including any solar film attached thereto)including, without limitation, the Building systemsinterior 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’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 Common Areas, or the Building. (b) Landlord shall at all times operate Project 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 alter, remodel, improve, repair, decorate or labor at so-called overtime paint the Premises or other premium pay rates or to incur any other overtime costs or expenses whatsoeverpart thereof. Except as provided in Addendas #59, except that Landlord, at its expense 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 #61 and #62 (ib) results Anything contained in a denial of access Paragraph 15 (a) to the Premises and/or (ii) except in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s requestcontrary notwithstanding, Landlord shall employ contractors repair and maintain the structural portions of the Building and the building-standard plumbing, heating, ventilating, air conditioning, elevator and electrical systems, unless such maintenance and repairs are required in part or labor at so-called overtime in whole by the act, neglect or other premium pay rates and incur any other overtime costs omission of Tenant, its agents, servants, employees or expenses invitees, in making any repairs, alterations, additions or improvements to the extent it is practicable to do so, and 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 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 related wiring serving the Premises (the "TELEPHONE CABLE") and situated in the Premises and the Common Areas. Tenant shall be responsible for the maintenance of all Telephone Cable within twenty (20) days after demand, an amount equal the Premises. Tenant's access to the difference between Common Areas for the overtime 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 shall have no liability for interruption in or other premium pay failures of telephone service. Tenant shall abide by all reasonable, written and straight time paynondiscriminatory rules and regulations hereafter promulgated by Landlord regarding access to the Telephone Cable. Tenant shall indemnify, defend and 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 connection with the Telephone Cable.

Appears in 1 contract

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

Repairs. 7.01. Landlord, at its own cost and expense (a) Tenant subject to recoupment pursuant to Article 3 hereof), shall keep and maintain the Premises public portions of the Building and the systems and facilities of the Building serving the demised premises (including all Fixturesto 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 andand repair and shall make all repairs thereto structural and otherwise, upon expiration interior and exterior, as and when needed, to the extent that such items affect the use, occupancy or earlier termination enjoyment of the Termdemised 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, subject at its sole cost and expense, make such non-structural repairs to the terms demised premises and conditions the fixtures and appurtenances therein as are necessitated by the act, omission, occupancy or negligence of Section 5.03(d) hereinTenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, surrender as and when needed to preserve them in good working order and condition. Notwithstanding the same to Landlord in the same condition as when first occupiedforegoing, reasonable wear and tear excepted. Tenant’s obligation shall include the obligation to repair all damage or injury to the demised premises and its fixtures, equipment and appurtenances whether requiring structural or non-structural repairs, caused by or resulting from the negligence or willful misconduct of Tenant, its agentsservants, employees, invitees invitees, contractors or licensees, shall be repaired promptly by Tenant at its sole cost and licensees expense. Tenant, at its expense, shall promptly replace all damaged or broken doors and glass (other than exterior windows) in and about the demised premises unless such damage was caused by Landlord or its agents, employees or contractors, and shall be responsible for all repairs, maintenance and replacement of wall and floor coverings in the demised 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 make, at Tenant's expense, all repairs in or to the equipment demised premises for which Tenant is responsible hereunder, and any repairs required to be made by Tenant hereunder to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other installations in systems of the Premises Building shall be performed only by contractor(s) approved by Landlord, such approval not to be unreasonably withheld or anywhere in the Buildingdelayed. Any maintenance, repair other repairs in or replacement to the windows (including any solar film attached thereto), Building outside the demised premises and the facilities and systems of the Building systemsfor which Tenant is responsible, 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 a reasonable cost and at Tenant’s 's 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 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 such repairs, restoration or replacements within a reasonable period of time after demand is made therefor by Landlord, the 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, the windows, the fire stairs, any terraces or Building set back areas, utility closets and any shafts passing through the floor on which the demised premises are located are not part of the premises demised by this Lease, and Landlord reserves all rights to such parts of the Building. 7.02. Tenant shall not commit 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 allow heat that is transmitted to the Building structure or to any leased space to such a degree as to be committed objectionable to Landlord or to any waste 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 damage 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 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 business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Premises Building or the Buildingdemised premises or in or to fixtures, appurtenances or equipment thereof. (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) 7.05. Landlord shall use its reasonable efforts to minimize interference with Tenant’s 's access to and use and occupancy of the Premises demised premises in making any repairs, alterations, additions or improvements to the Building or in the cleaning and maintenance thereofimprovements; 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 expense, 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 threatens the health or safety of access to any occupant of the Premises and/or demised premises or (ii) except in the case of a fire or other casualty, precludes Tenant from conducting materially adversely interferes with Tenant's ability to conduct its business from more than thirty percent (30%) of at the Premisesdemised premises. In all other cases, at Tenant’s 's request, Landlord shall employ shall, upon Tenant's written request therefor, employ, if reasonably practicable, 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 extent it is practicable to do so, and Tenant shall pay to Landlord, be liable as additional rent, rent hereunder for the excess costs attributable thereto and shall pay same to Landlord within twenty fifteen (2015) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time paydemand therefor.

Appears in 1 contract

Sources: Lease Agreement (PPC Publishing Corp)

Repairs. (a) Tenant Landlord shall keep the Premises (including all Fixtures) maintain in good condition and, upon expiration or earlier termination of the Term, shallorder and repair, 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 normal wear and tear excepted. Tenant’s obligation 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 include the obligation to repair all damage caused be maintained by Tenant], 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 agents, contractors, employees, invitees licensees, subtenants or assigns, shall be borne solely by Tenant and licensees 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 equipment and other installations in the Demised Premises or anywhere in the Building. Any maintenance, repair or replacement except for any initial improvements to the windows (including any solar film attached thereto), Demised Premises pursuant to the Building systems, provisions of Exhibit "D" and except structural repairs necessary for ----------- safety and tenantability and except for the Building’s structural components or any areas outside correction of punchlist items and latent defects pursuant to 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 provisions of the Premises or the BuildingArticle 4 hereof. (b) Landlord shall at Tenant covenants and agrees that it will take good care of the Demised Premises and all times operate alterations, additions and improvements thereto and will keep and maintain the Building same in accordance with the standards that are customarily followed in the operation good condition 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 whatsoeverrepair, except that Landlordfor normal wear and tear, at its expense shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to make any repair required to be made damage 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, precludes and repairs which are the responsibility of Landlord. Tenant from conducting its business from more than thirty percent (30%) of the Premisesshall promptly report, in writing, to Landlord any defective or dangerous condition known to Tenant. In all other casesExcept for Tenant's rights as set forth in Article 18(e), at Tenant’s 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 fullest extent it is practicable permitted by law, Tenant hereby waives all rights to do somake 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 Tenant shall pay has made no promise to Landlordalter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay specifically and straight time payexpressly herein set forth.

Appears in 1 contract

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

Repairs. (a) Landlord’s obligation with respect to repair as part of Basic Services shall be limited to (i) the structural portions of the Building, (ii) the exterior walls of the Building, including, without limitation, glass and glazing, (iii) the roof, (iv) mechanical, 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 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 its 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 be governed by the provisions of Paragraph 9, 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 refuses to perform in a timely and 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 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 maintained or repaired by Landlord and which are located in the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities, and supplemental heating and air conditioning systems (including all Fixturesplumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in the Premises at the time of Landlord’s delivery of the Premises to Tenant). Tenant shall make all repairs to the 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 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 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) in good condition anddays after written notice from Landlord, upon Landlord may at its option make such repairs or replacements, and 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 the Termthis Lease, shall, subject to the terms and conditions of Section 5.03(d) herein, Tenant shall surrender the same Premises in a safe, clean and neat condition, normal wear and tear excepted. Except as otherwise set forth in Paragraph 4(b) 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, shall repair all damage caused by such removal, and shall restore the Premises to Landlord in the same condition as when first occupiedits original condition, reasonable wear and tear excepted. Tenant’s obligation shall include the obligation In addition to repair all damage caused by Tenantother rights Landlord may have, its agents, employees, invitees and licensees to the equipment and other installations in the Premises event Tenant does not so remove any such fixtures, furnishings or anywhere in the Building. Any maintenancepersonal property, 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 Tenant shall be performed by deemed to have abandoned the same, in which case Landlord may store the same at Tenant’s expense. Tenant shall not commit or allow to be committed any waste or damage to any portion of , appropriate the Premises or same for itself, and/or sell the Buildingsame in its discretion. (bd) Landlord shall at all times operate represents and maintain warrants that Landlord has no reason to believe that the Building is not presently in accordance 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 solely responsible for all obligations and expenses associated with the standards that are customarily followed in the operation and maintenance requirements 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 Seismic Standards relative 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 expense 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 Common Areas (i) results in a denial of access to the Premises and/or (ii) except in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay“Seismic Standards Expenses”).

Appears in 1 contract

Sources: Office Lease (Encore Capital Group Inc)

Repairs. (a) By entry hereunder, Tenant accepts the Premises as being in good and sanitary order, condition and repair. Tenant shall keep keep, maintain and preserve the Premises (including in first class condition and repair, and shall, when and if needed, at Tenant's sole cost and expense, make all Fixtures) in good condition andrepairs to the Premises and every part thereof. Tenant shall, upon the expiration or earlier sooner termination of the Term, shall, subject to the terms and conditions of Section 5.03(d) hereinterm hereof, surrender the same Premises to Landlord in the same condition as when first occupiedreceived, reasonable usual and ordinary, wear and tear excepted. Tenant’s obligation Landlord shall include the have no obligation to alter, remodel, improve, repair decorate or paint the Premises or any part thereof, except as provided in Exhibit "B". 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 Paragraph 13 (a) above to the contrary, notwithstanding, Landlord shall repair and maintain the structural portions of the Building, including the foundation, building shell, and roof structure, all damage at Landlord's expense, unless such maintenance and repairs are caused in part or in whole by the act, neglect, or omission of any duty or Tenant, its agents, employees, invitees and licensees to the equipment and other installations or invitees, 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. event 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to reimburse Landlord, as additional rent, within twenty (20) days for the reasonable cost of such maintenance and repairs. Landlord shall also repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating ventilating, air conditioning and electrical systems installed or furnished by Landlord, the roof membrane, the parking areas, driveways, sidewalks, landscaping, project signs and exterior site lighting. The cost of the foregoing repairs and maintenance shall be billed to Tenant as operating costs pursuant to Paragraph 4. 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 demandwritten notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 21 hereof, an amount equal 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 difference between making of any repairs, alterations or improvements in or to any portion of the overtime Building or other premium pay the Premises or in or to fixtures, appurtenances and straight time payequipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.

Appears in 1 contract

Sources: Office Building Lease (Ayurcore Inc)

Repairs. (a) Tenant shall at all times, at its own expense, keep and maintain the Premises, its fixtures, furnishings, equipment and decorations in good order, and in the condition and repair required for the proper conduct of its business. Tenant shall make all necessary repairs and replacements to the Premises, as and when needed to preserve the Premises (including all Fixtures) in good condition andworking order and condition, upon expiration in accordance with and subject to the provisions of Section 9 of this Lease. All damage or earlier termination of injury to the TermPremises and to its fixtures, shallappurtenances or equipment or to the Building, or to its fixtures, appurtenances or equipment caused by Tenant shall be repaired, restored, or replaced promptly by Tenant, subject to the terms and conditions provisions of Section 5.03(d) herein9, surrender the same to Landlord at Tenant's sole cost and expense. All repairs, restorations, and replacements shall be in the same condition as when first occupiedquality and type, 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 at least equal to the equipment and other installations in the Premises original work 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 Buildinginstallations. (b) Landlord shall at all times operate keep the exterior walls, load bearing elements, foundations, pipes and maintain conduits, roof and common areas that form a part of the Building in accordance with and the standards building standard mechanical, electrical (including building standard light fixtures and building standard light bulbs), HVAC and plumbing systems that are customarily followed provided by Landlord 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 Building, clean and in making good operating condition and shall make all required repairs thereto. Notwithstanding any repairs, alterations, additions or improvements of the foregoing to the Building or in contrary, maintenance and repair of special tenant areas , facilities, finishes and equipment (including, but not limited to, any special fire protection equipment, telecommunications and computer equipment, kitchen/galley/coffee equipment, supplementary air-conditioning equipment (including, but not limited to, the cleaning computer room HVAC unit) and maintenance thereof; providedall other furniture, however, that furnishings and equipment of Tenant and any Alterations (as hereinafter defined) made by Tenant) shall be the sole responsibility of Tenant. 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 Landlordmay, at its option and at the sole cost and expense shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to of Tenant, make any repair required or replacement which Tenant is obligated to be made by it hereunder make pursuant to remedy any condition that either subparagraph (ia) results in a denial of access above, and which after due notice Tenant refuses to the Premises and/or (ii) except in the case of a fire or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do somake, and Tenant shall pay the cost hereof, which shall include an administrative fee of fifteen percent (15%) , to Landlord upon demand. Landlord's sole obligation is to maintain the roof, structural walls and existing mechanical and electrical equipment in "as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time payis" condition.

Appears in 1 contract

Sources: Lease (Best Software Inc)

Repairs. 11.01 This is a net lease. Lessee will, at all times and at its sole cost and expense, keep all parts of the Premises, interior and exterior, in good order, condition and repair, and all equipment and facilities within or serving the Premises, including but not limited to: windows, glass and plate glass, doors and office entry(s), walls and finish work, floors and floor coverings, interior of the roof, foundation, down spouts, gutters, heating and air conditioning systems, electrical systems, dock boards, truck doors, chain link gates and fences, dock bumpers, life safety-sprinkler systems, signage, speed bumps, paving, plumbing work and fixtures, termite and pest extermination, regular removal of trash and debris, snow removal, regular mowing of any grass, trimming, weed removal and general landscape maintenance, keeping the parking areas, driveways, alleys and whole of the Premises in a clean and sanitary condition. Lessee shall at its own costs and expense repaint exterior overhead doors, canopies, entries, handrails, gutters, and other exposed parts of the Building which reasonably require periodic repainting to prevent deterioration or to maintain aesthetic standards. The cost of maintenance and repair of any common party wall (aany wall, divider, partition or other structure separating the premises from any adjacent premises occupied by other Lessees) Tenant shall be shared equally by Lessee and the lessee occupying the adjacent premises. Lessee shall not damage any party wall or disturb the integrity and support provided by any party wall and shall, at its sole cost and expense, promptly repair any damage or injury to any party wall caused by Lessee or its employees, agents or invitees. Lessee will keep the Premises (including all Fixtures) and every part thereof in good order, condition and, upon expiration or earlier termination and repair regardless 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 whether any portion of the Premises requiring repairs, or the Building. (b) Landlord means of repairing same are reasonably or readily accessible. Additionally, Lessee shall at all times operate be obligated to maintain and maintain repair the Building in accordance with Premises whether the standards that are customarily followed in need for such repairs or maintenance occurs as a result of Lessee's use, any prior use, vandalism, acts of third parties, Force Majeure or the operation and maintenance age of First-Class Office Buildings (the “Standard”). (c) Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy Premises. The standard for comparison of condition will be the condition of the Premises as of the original date of Lessor's delivery of the Premises and failure to meet such standard shall create the need to repair. All Lessee repairs will be made by a licensed and bonded contractor, approved by Lessor, with permits and any other governmental agency approvals and requirements obtained and observed, and conform to all requirements of Paragraph 10.02 ---------------- herein. Lessor's maintenance and repair obligations are limited to air-conditioning and other equipment, facilities and areas used in making common with other lessees, exterior walls, foundations and exterior roofs which Lessor agrees to repair and maintain on behalf of Lessee unless such repairs are due to negligent or intentional acts of Lessee or its employees, agents, contractors, suppliers, invitees or licensees. 11.02 Lessee expressly waives the benefit of any statute or other legal right now or hereafter in effect which would otherwise afford Lessee the right to make repairs at Lessor's expense, whether by deduction of rent or otherwise, or to terminate this Lease because of Lessor's failure to keep the Property, or any part thereof in good order, condition and repair. If Lessee does not keep the Premises in good order, condition, conforming to and consistent with Lessor-specified standard colors, materials and quality, or fails to make any Lessor required maintenance or repairs, alterationsLessor shall have the right, additions without waiver of Default nor of any other right or improvements remedy, to perform such obligations of Lessee on Lessee's behalf, and Lessee will reimburse Lessor for any direct and indirect costs and expenses incurred immediately upon demand. 11.03 In the event the Premises constitute a portion of a multiple occupancy building, Lessor shall perform the roof, paving, and landscape maintenance, exterior painting and common sewage line plumbing which are otherwise Lessee's obligation under Paragraph 11.01 above, and Lessee shall, in --------------- lieu of the obligations set forth under Paragraph 11.01 above with respect to --------------- such items, be liable for its Proportionate Share of the Building or (as defined in Paragraph 1.13 above) of the cleaning costs and expense of Building maintenance thereofand the ------------- care for the grounds around the Building, including but not limited to, the mowing of grass, care of shrubs, general landscaping, maintenance of parking areas, driveways and alleys, roof maintenance, exterior repainting and common sewage line plumbing; provided, however, that Landlord Lessor shall have no obligation the right to employ contractors require Lessee to pay such other reasonable proportion for said mowing, shrub care and general landscaping costs as may be determined by Lessor in its sole discretion, and further provided that if Lessee or labor at so-called overtime or other premium pay rates or to incur any other overtime costs particular lessee of the Building can be clearly identified as being responsible for obstruction or expenses whatsoeverstoppage of the common sanitary sewage line, except that Landlordthen Lessee, if Lessee is responsible, or such other responsible lessee, shall pay the entire cost thereof, upon demand, as Additional Rent. 11.04 Lessee shall, at its expense 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 (iown cost and expense, enter into regularly scheduled preventive maintenance/service contract(s) results in with a denial of access to maintenance contractor for servicing all heating and air conditioning systems and equipment within the Premises and/or and shall provide Lessor with copies of all service reports. The maintenance contractor and contract must be approved by Lessor. The service contract must include all services suggested by the equipment manufacturer within the operation/maintenance manual and must become effective (iiand a copy thereof delivered to Lessor) except in the case of a fire or other casualty, precludes Tenant from conducting its business from more than within thirty percent (30%) days of the date Lessee take possession of the Premises. In all other casesEach Lease year Lessor, at Tenant’s requestits option, Landlord may inspect the HVAC system to determine that the aforementioned maintenance is being performed. If the HVAC system is not being maintained pursuant to this Section, Lessor will send notice of such lack of maintenance to Lessee and Lessee shall employ contractors or labor at so-called overtime or other premium pay rates and incur thereafter have thirty (30) days to perform the necessary maintenance. If Lessee fails to complete the necessary maintenance in such thirty (30) day period, Lessor shall have the right, without waiver of any other overtime costs right or expenses remedy, to perform such work at the expense of Lessee. Should the inspection demonstrate a lack of maintenance of the HVAC system, Lessee shall pay for the cost of such inspection. Thirty days before Lessee vacates the Premises, Lessor will have the HVAC equipment inspected by a qualified HVAC mechanic at Lessor's expense. If, in making any repairsthe opinion of the HVAC mechanic, alterationsthe equipment has not been properly maintained, additions or improvements then Lessor may authorize necessary repairs and/or replacements to be made to the extent it is practicable system. Such repairs will be deducted from the Lessee's Security Deposit. Lessee shall reimburse Lessor for any and all costs associated with such repairs which exceed the amount of any Security Deposit. The remainder of the Security Deposit, if any, shall be refunded to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to Lessee in accordance with the difference between terms of the overtime or other premium pay and straight time payLease.

Appears in 1 contract

Sources: Lease Agreement (Integrated Security Systems Inc)

Repairs. (a) By taking (or being deemed to have taken) possession of the Premises, Tenant shall keep accepts the Premises (including all Fixtures) as being in good and sanitary order, condition andand repair. For repairs to the Premises required due to Tenant’s negligence, Tenant shall, when and if needed or whenever requested by Landlord to do so, at Tenant’s sole cost and expense, make repairs to the Premises as directed. Any such maintenance and repairs shall be performed by Landlord’s contractor, or at Landlord’s option, by such contractor or contractors as Tenant may choose from an approved list to be submitted by Landlord. All costs and expenses incurred in such maintenance and repair shall be paid by Tenant within thirty (30) days after billing by Landlord or such contractor or contractors. Tenant shall, upon the expiration or earlier sooner termination of the Term, shall, subject to the terms and conditions of Section 5.03(d) hereinterm hereof, surrender the same Premises to Landlord in the same condition as when first occupiedreceived, reasonable wear and tear excepted. Tenant’s obligation Landlord shall include the oversee but have no monetary 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 Paragraph 15(a) above to the contrary notwithstanding, Landlord shall repair all damage and maintain the structural portions of the Building, the plumbing, heating, ventilating, air conditioning and electrical systems located within and outside the Premises and maintain and repair the Premises and every part thereof unless the necessity of such maintenance and repairs are caused in part or in whole by the act, neglect, fault, or omission of Tenant, its agents, servants, employees, invitees and licensees to the equipment and other installations or invitees, 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant’s 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 extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demandthe reasonable cost of such maintenance and repairs. Except for the gross negligence or willful misconduct of Landlord, an amount equal 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 difference between making of any repairs, alterations or improvements in or to any portion of the overtime Building or other premium pay the Premises or in or to fixtures, appurtenances and straight time payequipment therein.

Appears in 1 contract

Sources: Office Lease

Repairs. (a) Tenant shall be financially responsible for all repairs necessitated during the term of this Lease as a result of Tenant’ negligence. This includes backed up plumbing lines that are a result of tenant’s negligence, such as putting grease down sink drains, overfilling toilets with toilet tissue or children’s toys, any feminine hygiene product, string, rags, grease or rubbish of any description to enter into toilets or drainpipes. The Tenant is required to keep the Premises (Heat on in the winter months, including all Fixtures) any holiday breaks at no less than 60 degrees. If the Landlord finds that the tenant has turned off heat during the winter months and this has resulted in good condition and, upon expiration or earlier termination of the Term, shall, subject damage 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)building, the Building systems, Tenant will be full responsible for the Building’s structural components or any areas outside the Premises and which repairs. Tenant is Tenant’s obligation to perform shall be performed by Landlord at Tenant’s expenseresponsible for unclogging toilets. Tenant shall not commit make any repairs or allow improvements (this includes painting) to the home or apartment but shall notify Landlord who shall arrange for such repairs and then bill Tenant for the reasonable expense incurred thereby. Tenant shall immediately pay to Landlord the reasonable cost of any such repair. Tenant shall not make any alterations, repairs, or additions to the home or apartment, but shall notify Landlord who shall arrange for such repairs or adjustments and then bill tenants for the reasonable expense incurred thereby. Tenants shall immediately pay to Landlord the reasonable cost of any such repair. Damages beyond normal wear and tear to walls or woodwork shall be committed deducted from tenant’s security deposit; this shall include any waste damage caused by hanging pictures or damage to any portion other uses of the Premises walls and woodwork. Driver nails larger than 1/16, screws, any type of adhesive or masking tape, or other equivalent items should not be installed into walls or woodwork. Tenant will be responsible for the Building. (b) Landlord shall at replacement of all times operate light bulbs and maintain the Building in accordance with the standards that are customarily followed smoke detector batteries in the operation and maintenance of First-Class Office Buildings (apartment for the “Standard”). (c) Landlord shall use reasonable efforts to minimize interference with Tenant’s use and occupancy duration 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 expense 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, precludes Tenant from conducting its business from more than thirty percent (30%) of the Premiseslease. In addition, all other caseslight bulbs, at Tenant’s 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 extent it is practicable to do sosmoke detector batteries, and venetian blinds must be in working order at the time of move out. If the Tenant shall pay to Landlorddoes not assume responsibility for the replacement of these items, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.Tenant will be charged. Initials

Appears in 1 contract

Sources: Lease Agreement

Repairs. (a) Tenant shall give to Landlord prompt written notice of any damage to, or defective condition in the Building structure or in any part or appurtenance of the Building’s plumbing, electrical, heating, air-conditioning, ventilation, sprinkler, elevator or other systems serving, located in, or passing through the Premises. Subject to the provisions of this Section 12, Tenant shall, at Tenant’s own expense, keep the Premises (including all Fixtures) in good order, condition and, upon expiration or earlier termination of and repair during 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 whatsoeverterm, except that Landlord, at Landlord’s expense (unless caused by the fault or negligence of Tenant, its expense contractors, agents, or employees in which case Tenant shall employ contractors pay Landlord for any deductible and any cost which either exceeds insurance proceeds Landlord receives or labor at sowhich is not covered under Landlord’s insurance policy in respect of such damage) shall keep in repair and maintain the exterior of the Building, the electrical, heating, air-called overtime conditioning, ventilation, sprinkler, elevator 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 systems serving, located in a denial of access to or passing through the Premises and/or (ii) except Premises, plumbing fixtures located in the case of a fire Building (except those installed by Tenant with Landlord’s approval), outside walls, including windows, loadbearing walls (except as to surface damage done by or other casualty, precludes Tenant from conducting its business from more than thirty percent (30%attributable to Tenant) of the Premisesand doors and roof. In all other casesTenant, at Tenant’s requestexpense, shall comply with all laws and ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Premises or to Tenant’s use thereof, except that Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Premises, unless such alteration is required by reason of a condition which has been created by, or at the instance of, Tenant, or is required by reason of a breach of any of Tenant’s covenants and agreements hereunder. Landlord shall employ contractors not be required to repair any injury or labor at so-called overtime damage by fire or other premium pay rates and incur cause, or to make any repairs or replacements of any panels, decoration, office fixtures, railing, ceiling, floor covering, partitions, or any other overtime costs property installed in the Premises by Tenant unless such injury or expenses in making any repairsdamage is a direct result of negligence on the part of Landlord or its contractors, alterations, additions agents or improvements to the extent it is practicable to do soemployees, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime is not reimbursed for such injury or other premium pay and straight time paydamage from insurance proceeds.

Appears in 1 contract

Sources: Lease Agreement (Harris Interactive Inc)