Repairs. (a) The State shall take good care of the Plaza and the Demised Premises, and shall make all repairs necessary to put and keep the same in good order and condition, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner. (b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. (c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee. (d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification. (e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section. (f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.
Appears in 3 contracts
Sources: Commercial Lease Agreement, Commercial Lease Agreement, Commercial Lease Agreement
Repairs. (a) The State shall take good care of the Plaza Plaza, as that term is defined in Section 1(d) of this Lease, and the Demised Premises, and shall make all repairs necessary to put and keep the same in good order and condition, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed State-owned items on the Fixed and nonNon-fixed equipment State Equipment and fixturesFixtures Inventory, as listed on Schedule B attached to this LeaseLease as Schedule B, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f1 (f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use Use, as that term is defined in Section 4 of this Lease, of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f1 (f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza Plaza, as that term is defined in Section 1 (d) of this Lease, and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d23 (d) of this Lease.
Appears in 2 contracts
Sources: Commercial Lease Agreement, Commercial Lease Agreement
Repairs. (a) The State shall take good care of the Plaza Plaza, as that term is defined in Section 1(d) of this Lease, and the Demised Premises, and shall make all repairs necessary to put and keep the same in good order and condition, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed State-owned items on the Fixed and nonNon-fixed equipment State Equipment and fixturesFixtures Inventory, as listed on Schedule B attached to this LeaseLease as Schedule B, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use Use, as that term is defined in Section 4 of this Lease, of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza Plaza, as that term is defined in Section 1(d) of this Lease, and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.
Appears in 2 contracts
Sources: Commercial Lease Agreement, Commercial Lease Agreement
Repairs. Landlord shall operate, maintain and make all necessary repairs (aboth structural and nonstructural) The State to the roof, foundation, load-bearing walls, façade, exterior windows, those parts of the Building Systems that provide service to the Premises (but not to the Tenant's Distribution Systems or Alterations) and the common areas of the Building, in conformance with standards applicable to comparable non-institutional first-class office buildings in the City of Boston. Tenant, at Tenant's sole cost and expense, shall take good care of the Plaza internal, non-structural portions of the Premises, and the Demised Premisesfixtures, equipment, Alterations and appurtenances therein and the Tenant's Distribution Systems and shall make all repairs necessary thereto as and when needed to put and keep the same preserve them in good working order and condition. Notwithstanding the foregoing, at its own cost and expense, except that repairs that are necessary due all damage or injury to the negligence Premises or willful misconduct the Excluded Areas or to any other part of the LesseeBuilding and Building Systems, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from negligent acts or omissions, neglect or improper conduct of, or Alterations made by, Tenant, Tenant's agents, employees, agentscontractors, invitees or contractorslicensees, shall be performed by the State, repaired at the Lessee’s Tenant's sole cost and expense. During Any repair required to be made by Tenant hereunder shall be made by (A) Tenant to the Term reasonable satisfaction of this Lease, and any renewal, extension Landlord using contractors or holdover thereof, other service providers reasonably acceptable to Landlord (if the Lessee wants to have required repairs are nonstructural in nature and do not affect any repairsBuilding System), improvements, additions, replacements, rebuilding or painting (through B) Landlord at Tenant's expense (if the use of paint that meets the specifications required repairs are structural in nature or affect any Building System). All of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear aforesaid repairs shall be of good quality and tear excepted, the Lessee will do so by submitting of a TAR to the Lessor class consistent with non-institutional first-class office building work or construction and shall be made in accordance with the directions on provisions of Article 7 hereof. Tenant shall give Landlord prompt notice of any defective condition in the TAR. The State shall thenBuilding or in any Building System, in its sole discretionlocated in, and at its sole cost and expense, determine if work will be done, and cause servicing or passing through the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixturesPremises, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct soon as Tenant becomes aware of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expensesame.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.
Appears in 2 contracts
Sources: Office Lease (Tufin Software Technologies Ltd.), Office Lease (Tufin Software Technologies Ltd.)
Repairs. (a) The State shall take Subject to Article VI hereof, Lessee shall, during the term of this Lease, at Lessee's expense, keep the Premises in as good care order, condition and repair as they were at the time Lessee took possession of the Plaza same, reasonable wear and tear and damage from fire and other casualties excepted. Lessee shall keep the Demised PremisesPremises in a neat and sanitary condition, and Lessee shall make all repairs necessary not commit any nuisance or waste on the Premises or in, on or about the Office Complex, throw foreign substances in the plumbing facilities, or waste any of the utilities furnished by the Lessor. All uninsured damage or injury to put and keep the same Premises or to the Office Complex caused by Lessee moving furniture, fixtures, equipment or other devices in good order and conditionor out of the Premises or the Office Complex or by installation or removal of furniture, at fixtures, equipment, devices or other property of Lessee or its own cost and expenseagents, except that repairs that are necessary contractors, servants or employees, due to the negligence carelessness, omission, neglect, improper conduct or willful misconduct other cause of the LesseeLessee or its servants, its employees, agents, invitees visitors or contractorslicensees, shall be performed repaired, restored and replaced promptly by the State, Lessee at the Lessee’s its sole cost and expenseexpense to the satisfaction of Lessor. During All repairs, restorations and replacements shall be in quality and class equal to the Term original work and shall comply with all 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 Office Complex and the structural portions of the Office Complex, including the outer walls, roof, floors, foundations, load bearing members, trusses, and joists, the HVAC facilities serving the Premises, and the portions of the plumbing and electrical lines located outside of the Premises which serve the Premises. Lessor and its employees and agents shall have the right to enter the Premises at any renewalreasonable time or times after twenty-four (24) hours advance notice, extension for the purpose of inspection, cleaning, repairs, altering or holdover thereof, if improving the Lessee wants same but nothing contained herein shall be construed as imposing any obligation on Lessor to have make any repairs, improvements, additionsalterations, replacements, rebuilding additions or painting installations which are the obligation of Lessee. Either party may give written notice to the other party at least thirty (through 30) days prior to vacating the use Premises for the express purpose of paint that meets the specifications arranging a meeting for a joint inspection of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely mannerPremises.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.
Appears in 2 contracts
Sources: Office Lease (Jda Software Group Inc), Office Lease (Jda Software Group Inc)
Repairs. (a) 8.01 The State shall take good care of Tenant covenants to repair and maintain the Plaza and the Demised PremisesLeased Premises including, and shall make all repairs necessary to put and keep the same in good order and condition, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without without limiting the generality of the foregoing, all plumbing, electrical, and, air-conditioning, systems, facilities and equipment in the StateLeased Premises, and all windows, as would a prudent owner, reasonable wear and tear and damage, by fire, lightning, tempest and structural defect or weakness only excepted. The Landlord may enter and view state of repair and that the Tenant will repair and maintain according to notice in writing; provided that if the Tenant neglects to make such repairs or maintenance within a reasonable time after notice, the Landlord may, at its officersoption, employees, representatives and contractors, shall have make such repairs or maintenance at the right, for the benefit expense of the Lessee Tenant, and in any and every such case the Tenant covenants with the Landlord to pay to the Landlord forthwith as additional rent, all sums which the Landlord may have expended making such repairs and maintenance, and shall not have previously received from the Tenant; and provided further that the making of any repairs or for maintenance by the benefit Landlord shall not relieve the Tenant from the obligation to repair.
8.02 If the Building or any part thereof, become damaged or destroyed through the negligence, carelessness or misuse of others at the Tenant, his servants, agents, employees or anyone permitted by him to be in the Building, or through him or them in any way stopping up or injuring the heating apparatus, elevators, water pipes, drainage pipes or other equipment or part of the Building, the expense of the necessary repairs, replacements or alterations shall be borne by the Tenant who shall pay the same to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systemsthe Landlord on demand, as that term additional rent.
8.03 The Tenant shall leave the Leased Premises in such state of repair and maintenance as is defined in Section 1(f) of required under this Lease, or portions thereof in the Demised Premises reasonable wear and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lesseetear excepted.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.
Appears in 2 contracts
Sources: Sublease Agreement (Hycomp Inc), Sublease Agreement (Hycomp Inc)
Repairs. (a) The State shall Lessee shall, at its expense, take good care of the Plaza premises, which includes, but is not limited to, all electrical, plumbing, heating, air conditioning and the Demised Premises, and shall make other mechanical or machinery installations therein; all repairs necessary to put and keep the same in good order and condition, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixturesdoors, as listed on Schedule B attached to this Leasewell as all plate glass doors and windows, located in the Demised Premisesfixtures and appurtenances therein, and shall make all repairs, alterations, replacements or maintenance and modifications necessary to put and keep the same them in as good working order and condition, at its sole cost using material and expense, except that repairs, replacements or maintenance that are necessary due 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 willful misconduct its agents, employees or invitees, The exterior walls of the LesseeBuilding, its employeesthe windows and the portions of all window ▇▇▇▇▇ outside same are not part of the premises demised by this Lease, agentsand Lessor hereby reserves all rights to such parts of the Building. For any existing HVAC repair cost greater than Five Hundred ($500.00) Dollars per unit, invitees per occurrence, Lessee shall pay the first Five Hundred ($500.00) Dollars and Landlord shall pay the balance. Any required existing HVAC unit replacements shall be at the sole expense of Landlord. Lessee shall not abandon or contractorsvacate the Demised Premises, shall be performed not permit, license or suffer the occupancy of any other party in the Demised Premises and shall keep the Demised Premises and sidewalks, service-ways and loading areas adjacent to the Demised Premises neat, clean and 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 such garbage and trash at Lessee’s expense. Lessee shall store all trash and garbage within the area designated by Lessor for such trash pick-up and removal and only the Statereceptacles of the site, design and color from time to time prescribed by Lessor. Lessee shall not operate an incinerator or burn trash or garbage within the Building Project. Lessee agrees, at the Lessee’s sole cost and expenseexpense (i) to comply promptly and fully with all present and future governmental laws, ordinances, orders, rules and regulations affecting the Premises and/or Lessee’s use thereof, including without limitation, the Americans with Disabilities Act, 42, U.S.C. Section 12111, et. Seq.
(c) Without limiting , as amended, and/or the generality cleanliness, safely, occupancy and use of the foregoing, same; and (ii) be and remain authorized to do business in the State, state in which the Building Project is located. Lessee shall make no alternations or additions to the Premises or erect any exterior signs other than a building standard Lessee sign (if any) provided by its officers, employees, representatives and contractors, Lessor or as may be made with Lessor’s prior written consent which consent shall have the right, for the benefit not be unreasonably withheld. All alterations or additions made with such consent shall be part of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. HoweverLessor, subject to the availability terms of lawful appropriations and consistent with Section 8 this Lease unless otherwise provided by the instrument of consent. Lessee’s trade fixtures, equipment or other personal property placed on the New York State Court Premises may be removed by Lessee at any time during the Rental Term; but if installation of Claims Actany of same in or on the Premises or the removal therefrom of any thereof could deface structurally alter the Premises, Lessor’s written consent to installation must first be procured and, upon removal, all damage to the State Premises caused thereby shall hold be fully repaired promptly by Lessee at Lessee’s expense. There shall be no outside storage of any kind whatsoever. Notwithstanding anything to the contrary contained herein, Lessee harmless from and indemnify it shall not be responsible for any final judgment of a court of competent jurisdiction roof or structural maintenance except to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this sectionsame may be occasioned by Lessee’s negligence.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Sancilio Pharmaceuticals Company, Inc.), Lease Agreement (Sancilio Pharmaceuticals Company, Inc.)
Repairs. (a) The State shall take 10.01 Except as otherwise provided in this Section 10, Tenant agrees at its own expense to keep the Improvements, including all structural, electrical, mechanical and plumbing systems at all times in good care appearance and repair except for reasonable and normal wear and tear. Tenant will also pay all other expenses in connection with the maintenance of the Plaza Premises including repair and upkeep of grounds, sidewalks, driveways and parking areas in a first class condition.
10.02 Notwithstanding any other provision of this Lease, from and after the Demised Premisesdate Tenant takes occupancy of the Premises any repairs, additions or alterations to the improvements or any of its systems (e.g., plumbing, electrical, mechanical) structural or non-structural, which are required by any law, statute, ordinance, rule, regulation or governmental authority or insurance carrier, including, without limitation, 0SHA, will be the obligation of Tenant. Provided, however, that Tenant shall not be responsible for any repairs, additions or alterations to the building or any of its systems (e.g. plumbing, electrical, mechanical) structural or non-structural which are required by any law, statute, ordinance rule, regulation or governmental authority or insurance carrier, including without limitation, OSHA if a violation or nocompliance existed at the time Tenant took occupancy of ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, in which case Landlord shall be responsible for the repairs, additions or alterations as required.
10.03 Tenant acknowledges that he has examined the Premises prior to the making of this Lease, that he knows the condition thereof, that no representations as to the condition of the state of repairs thereof have been made by Landlord or Landlord's agent which are not expressly set forth herein, and that except as otherwise specifically set forth herein, Tenant hereby accepts the Premises in their present condition at the date of execution of this Lease. Anything contained herein to the contrary notwithstanding the Premises at ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ shall make all repairs necessary to put and keep the same be in good order and repair upon the date occupancy is delivered to Tenant. Tenant will inspect the Premises at ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ prior to occupancy to assure that the facilities and equipment are in good condition and Landlord will agree to repair facilities or equipment reasonably identified as substandard. Landlord shall not be required to replace carpeting or repaint provided the walls and floors are in good condition, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.
Appears in 1 contract
Sources: Net Lease (Axsys Technologies Inc)
Repairs. (a) The State 12.1 Tenant shall take good care of the Plaza Demised Premises and the Demised Premises, fixtures and shall make all repairs necessary to put and keep the same in good order and condition, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, appurtenances therein and at its sole cost and expense, determine if work will be done, expense make all repairs thereto as and cause the same when needed to be performed preserve them in a timely manner.
good working order and condition. All damage or injury to (ba) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, whether structural or non-structural, and to its fixtures, glass, appurtenances and equipment or (b) to the Building, or to its fixtures, glass, appurtenances and equipment that is in either case of (a) or (b), (i) caused by Tenant moving property in or out of the Building or (ii) by (x) installation or removal of furniture, fixtures or other property, or (y) resulting from fire, explosion, air-conditioning unit or system, short circuits, flow or leakage of water, steam, illuminating gas, sewer gas, sewerage or odors or by frost or by bursting or leaking of pipes or plumbing works or gas, or from any other cause of any other kind or nature whatsoever due to carelessness, omission, neglect, improper conduct or other cause of Tenant, its servants, employees, agents, visitors or licensees, shall make all repairsbe repaired, replacements restored or maintenance necessary to put and keep the same in good order and condition, replaced promptly by Tenant at its sole cost and expense, except that expense to the satisfaction of Landlord. All aforesaid repairs, restorations and replacements or maintenance that are necessary due shall be in quality and class equal to the negligence original work or willful misconduct of the Lessee, its employees, agents, invitees or contractors, installations and shall be performed by the State, at the Lessee’s sole cost done in a good and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, workmanlike manner. If Tenant fails to make such repairs, alterations restorations or replacements, same may be made by Landlord at expense of Tenant and replacements all sums so spent and expenses incurred by Landlord shall be collectible as mayadditional rent and shall be paid by Tenant within twenty (20) days after rendition of a ▇▇▇▇ or statement therefor. Tenant shall promptly make, at Tenant’s expense, all repairs in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access which Tenant is responsible, using only the contractor for the trade or trades in question, selected only from Landlord’s approved contractors, a current listing of which is set forth on Exhibit E attached hereto. Any other repairs in or to other the Building or the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant’s expense.
12.2 Landlord shall, at its expense, make all repairs and replacements, structural and otherwise, necessary or desirable in order to keep in good order and repair the exterior of the Building and the public portions of the Building not otherwise conveniently accessiblethe need for which Landlord may have knowledge (including the public halls and stairways, providedplumbing, howeverwiring and other Building equipment for the general supply of water, that such repairheat, alterationair-conditioning, replacement, construction or access shall not unreasonably interfere with the Use gas and electricity) except repairs hereinabove provided to be made by Tenant. Tenant agrees to notify Landlord of the Demised Premises by necessity of repairs of which Tenant may have knowledge, for which Landlord may be responsible under the Lessee.
(d) In the event that any property provisions of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and preceding sentence. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord or others making repairs, alterations, additions or improvements in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on portion of the Building or about the Demised Premises or for any injury or damage in and to the Demised Premises fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any setoff or reduction of rent by reason of any failure of Landlord to comply with the covenants of this Article or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) Article of this Lease. Tenant agrees that Tenant’s sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 12 shall not apply in the case of fire or other casualty which are dealt with in Article 17 hereof.
Appears in 1 contract
Repairs. (a) The State shall take good care Lessee shall, throughout the term of the Plaza and the Demised Premises, and shall make all repairs necessary to put and keep the same in good order and conditionthis lease, at its own cost cost, without any expense to Lessor, keep and expensemaintain the premises, including all buildings and improvements of every kind which may a part thereof, and all appurtenances thereto, including adjacent sidewalks, in good, sanitary, and neat order, condition or repair and, except that repairs that are necessary due as specifically provided herein, restore and rehabilitate any improvements of any kind which may be destroyed or damaged by fire, casualty, or any other cause whatsoever. Lessor shall not be obligated to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have make any repairs, improvements, additions, replacements, rebuilding or painting (through any renewals of any kind, to the use of paint that meets premises or any buildings or improvements thereon. Lessee shall comply with and abide by all Federal, state, county, municipal and other governmental statutes, ordinances, laws and regulations affecting the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear exceptedpremises, the Lessee will do so by submitting a TAR to the Lessor improvements thereon or any activity or condition on or in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely mannersuch premises.
(b) The State damage, destruction or partial destruction of any building or other improvement which is a part of the premises shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expensenot release Lessee from any obligation hereunder, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expenseas hereafter expressly provided.
(c) Without limiting Anything to the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined contrary in Section 1(fsubparagraph (a) of this Leaseparagraph notwithstanding, in case of destruction of the warehouse building to be constructed on the premises or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, damage thereto from any cause so as to make it untenantable, occurring at any time during the term of this lease, Lessee, if not then in default hereunder, may elect to terminate this lease by written notice served on Lessor within thirty (30) days after occurrence of such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary damage or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) destruction. In the event that of such termination there shall be no obligation on the part of Lessee to repair or restore the improvements or any property right on the part of Lessee to receive any proceeds collected under the insurance covering such building or any part thereof. Upon such termination, rent, taxes, assessments, and any other sums payable by Lessee to Lessor hereunder shall be prorated as of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Leasetermination date, and thus shall interfere with in the inspectionevent any rent, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repairtaxes, or modification.
(e) Notwithstanding assessments shall have been paid in advance, Lessor shall rebate the foregoing, same for the Lessee is and unexpired period for which payment shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this sectionmade.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.
Appears in 1 contract
Sources: Ground Lease (Printpack Inc)
Repairs. (a) The State shall take good care of the Plaza and the Demised Premises, and shall make all repairs necessary to put and keep the same in good order and condition, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B “B” attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.
Appears in 1 contract
Sources: Commercial Lease Agreement
Repairs. (a) The State shall take good care of the Plaza and the Demised Premises, and shall make all repairs necessary to put and keep the same in good order and conditiona. Tenant shall, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its Tenant's sole cost and expense, determine if work will be donekeep and maintain the Premises and every part thereof in good condition and repair. Tenant shall upon the expiration or sooner termination of this Lease surrender the Premises to Landlord in good condition, ordinary wear and tear excepted. Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and cause the same parties hereto affirm that Landlord has made no representations to be performed in a timely mannerTenant respecting the condition of the Premises or the Building except as specifically herein set forth.
(b) The State b. Notwithstanding the provisions of paragraph 11.a. above, Landlord shall take good care of all fixed repair and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in maintain the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other structural portions of the Building not otherwise conveniently accessibleunless such maintenance and repairs are caused in part or in whole by the act, providedneglect, howeverfault, that or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such repair, alteration, replacement, construction or access maintenance and repairs. Landlord shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event 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 21 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or damage to interference with Tenant's business arising from the making of any property repairs, alterations, or improvements in or to any person happening on portion of the Building or about the Demised Premises or for any injury in or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes appurtenances, and decorations made equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute, or installed by the Lessee, ordinance now or hereafter in accordance with Section 23(d) of this Leaseeffect.
Appears in 1 contract
Repairs. (a) The State shall take good care of the Plaza and the Demised Premises, and shall make all repairs necessary to put and keep the same in good order and condition, at its own cost and expense, except that repairs that are necessary due 4.01. Subject to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term terms of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee Tenant shall, at its sole cost and expense, perform all repairs, structural repairs and (i) make such repairs to the building systems of demised premises and the Demised Premises, involving improvements, additions fixtures and fixtures, finishes and decorations made or installed appurtenances therein necessitated by the Lesseeact, omission in accordance violation of Tenant's obligations under, or covenants, terms, provisions or agreements contained in, this Lease or pursuant to Legal Requirements or Insurance Requirements with which Tenant is obligated to comply pursuant to the covenants, terms, provisions or agreements contained in this Lease, or negligence of Tenant, its employees, agents or contractors, and the employees of such agents and contractors (except damage arising from fire or other casualty, but nothing contained herein shall relieve or release Tenant from its obligations to replace Tenant's Property pursuant to Section 23(d8.01(a) of this Lease), and (ii) during such periods as Tenant shall be operating the same, maintain and subject to Section 27.04(e) hereof make such repairs to Tenant's Systems (hereinafter defined), in each event set forth in clause (i) and clause (ii) of this Section 4.01 as and when needed to preserve them in good working order and condition, subject to ordinary wear and tear, and make such replacements thereof as are necessitated by Tenant's failure to maintain such Tenant's Systems as the same would have been maintained by the owner of a First-Class Office Building, including, without limitation, complying with the maintenance requirements and specifications of the manufacturer of such Tenant's System. All damage or injury to the demised premises and to its fixtures, appurtenances and equipment, the Tenant's Systems or 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 by, or on behalf of, Tenant shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense. Anything to the contrary provided herein notwithstanding, but subject to the provisions of Section 7.04 hereof in no event shall Tenant be responsible for any repairs necessitated by the act, omission (in violation of Landlord's obligations under, or agreements contained in, this Lease or pursuant to Legal Requirements or Insurance Requirements) or negligence of Landlord or its employees, agents or contractors (and the employees of such agents and contractors).
4.02. Landlord shall, at its sole cost and expense (except through inclusion in Operating Expenses (as hereinafter defined) to the extent provided in Article 29 of this Lease), make all repairs (both structural and nonstructural) to (a) the Building (other than the demised premises); (b) the Building Systems (hereinafter defined) and (c) all structural elements of the demised premises, unless, in each event, the need for such repairs arises from the act, omission (in violation of Tenant's obligations under, or covenants, terms, provisions or agreements contained in, this Lease or pursuant to Legal Requirements) or negligence (including negligent maintenance) of Tenant, its agents or contractors (and the employees of such agents and contractors). Notwithstanding anything to the contrary contained in this Section 4.02 or anywhere else in this Lease (but subject to (i) the provisions of Section 7.04 hereof and (ii) the terms and provisions of subleases, if any, entered into between Tenant, as sublandlord, and Landlord, as subtenant, pursuant to Article 10 hereof), Landlord shall not be required to maintain or repair any of Tenant's Improvements, Tenant's Property or Tenant's Systems or the corridors, toilet room(s) and elevator lobbies leased to Tenant except, in such event, for damage to the same caused by acts or omissions (in violation of Landlord's obligations under, or agreements or covenants contained in, this Lease or pursuant to Legal Requirements or Insurance Requirements which are, under this Lease, Landlord's obligation) or negligence of Landlord, its agents, contractors and its or their employees; provided, however, that in no event shall Landlord have any liability for any damage to any art work or fine works of art located in the demised premises. The obligations of Tenant under Section 4.01 and this Section 4.02 with respect to compliance with Legal Requirements are subject to the limitations and provisions of Article 5.
4.03. Tenant shall not place a load in the demised premises exceeding the floor load per square foot area which the demised premises was designed to carry and which is allowed by law. The floor load for the demised premises shall be not less than fifty (50) pounds per square foot "live load" and twenty
Appears in 1 contract
Sources: Lease Agreement (Credit Suisse First Boston Usa Inc)
Repairs. (a) The State Tenant shall take good care of the Plaza Building (including but not limited to roof and structure), the Demised parking areas, private drives, sidewalks (if any and as applicable) and all other Improvements on the Premises, and shall make all repairs necessary to put and keep throughout the same in good order and condition, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term term of this Lease, and shall keep them in an attractive and good condition and free from waste or nuisance of any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR kind. Tenant shall make repairs to the Lessor in accordance with Building, parking areas, private drives, sidewalks (if any and as applicable) and the directions on the TAR. The State shall then, in its sole discretion, and Improvements at its sole cost and expense, determine if work will ; and Landlord shall not be done, and cause called upon to make any improvements or repairs of any kind during the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease. Tenant further agrees that it shall care for the landscaping, or portions thereof in if any, on the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance noticeProperty (including, to make such repairsthe extent applicable, alterations and replacements as maythe mowing of grass, in the reasonable opinion care of the Stateshrubs, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment watering and other such encroachments and to use landscaping requirements) during the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised . The Premises and the State shall not in be maintained as, nor shall Tenant permit the Premises to become, a public or private nuisance; and Tenant shall not maintain any event be liable for any injury or damage to any property or to any person happening on or about nuisance upon the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereonPremises. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee Tenant shall, at its sole cost and expense, perform expense and at all repairs, structural repairs and repairs to times during the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) term of this Lease, comply with and cause the Premises to comply with the terms of the Declaration (including, without limitation, Article IX thereof). Upon the expiration or other termination of this Lease, Tenant shall deliver up the Premises with the Building, parking areas, private drives, sidewalks (if any and as applicable) and improvements located thereon (including, without limitation, the Improvements), in good repair and condition, loss by fire or other casualty or act of God, and ordinary wear and tear excepted.
Appears in 1 contract
Sources: Contract of Sale (Ultrak Inc)
Repairs. (a) The State shall take good care Notwithstanding anything to the contrary herein, from and after the commencement of the Plaza and Term, the Demised Premises, and shall make all repairs necessary to put and keep the same in good order and conditionLandlord shall, at its own cost and expense, except that make all repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised structural support elements (which term shall include the footings and foundations, floor slab, exterior walls, structural columns, planking beams and girders of the Building) in structurally good condition, order and repair, excepting any damage resulting from any acts and any omissions of the Tenant or its agents, contractors and employees. The party from time to time having the responsibility for repair of any portion of the Premises in shall have (and, to the condition existing at extent necessary to effectuate this paragraph the Commencement DateLandlord hereby assigns to the Tenant) the benefit of all warranties and guarantees from manufacturers, reasonable wear suppliers and tear exceptedsubcontractors whose products or services are or may be incorporated into the Premises. Subject to the terms and provisions of the immediately following paragraph, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall thenTenant shall, in its sole discretion, and at its sole own cost and expense, determine if work will be donemake all other repairs, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed structural and non-fixed equipment structural, exterior and fixturesinterior, necessary to keep the Premises, including the sidewalks, curbs, and driveways adjoining the Premises and all electrical, mechanical, sprinklers, plumbing, heating, air conditioning and other building systems serving the Premises in as listed on Schedule B attached to this Leasegood condition, located in order and repair as the Demised Premisessame are at the commencement of the Term or thereafter may be put, excepting only repairs which are the obligation of the Landlord hereunder and damage resulting from any acts and omissions of the Landlord or its agents, contractors and employees, from reasonable wear and use and from fire or other casualty and eminent domain takings, and shall make keep and maintain all repairs, replacements or maintenance necessary to put portions of the Premises and keep the sidewalks and driveways adjoining the same in good order a clean and orderly condition, at its sole cost free of accumulation of dirt, rubbish, snow and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expenseice.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Nitromed Inc)
Repairs. (a) The State Tenant shall take good care make all necessary repairs and replacements to the non-structural portion of the Plaza Demised Premises, including repairs to Tenant’s trade fixtures and personalty, the HVAC and other systems comprising the Demised Premises, and shall make all repairs necessary to put and keep the same in good order and condition, at its own cost and expensethose required as a result of Tenant’s negligence, except that repairs that are necessary due Tenant shall not be obligated to make any of the foregoing arising out of or in any way connected with: (1) fire or other casualty; (2) settling; (3) defects in labor, workmanship, materials or equipment employed, supplied or installed in connection with construction of Tenant’s Building; or (4) the negligence or willful misconduct of the LesseeLandlord, its employees, agents, invitees employees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State Landlord’s responsibility for repairs and replacements to the Demised Premises shall take good care be limited to (i) repairs and replacements of all fixed the structural portion of the Demised Premises (i.e., the building shell and non-fixed equipment floors); (ii) replacements to or of the Parking Area; (iii) replacements of the HVAC and fixtures, as listed on Schedule B attached to this Lease, located in other systems comprising the Demised Premises, ; and shall make (iv) all repairs, repairs and replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that required which are necessary due to the (1) fire or other casualty; and (2) negligence or willful misconduct of the LesseeLandlord, its agents, employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting Prior to the generality commencement of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in Tenant, then the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use owner of the Demised Premises Premises, replaced the portion of the roof of the Tenant’s Building labeled Section B (the “Section B Roof”) on the plan attached hereto as Exhibit “B-1”. Tenant shall be responsible for all ordinary maintenance and repairs of the Section B Roof during the Lease Term. Landlord shall be responsible for any required replacement or capital repair of the Section B Roof during the Lease Term. Tenant shall be responsible for all maintenance, repairs and the initial required replacement of the portion of the roof (including all skylights located thereon) labeled Section A on Exhibit “B-1” (such roof and skylights being called, the “Section A Roof”). From and after the date of such replacement, Tenant shall be responsible for all ordinary maintenance and repairs of the Section A Roof during the Lease Term. Landlord shall be responsible for any required replacement or capital repair of the Section A Roof during the Lease Term. Any replacement by Tenant shall be in accordance with the Lesseespecifications attached as Exhibit “B-2”, except to the extent modified with the approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) For purposes of this Lease, and thus the term “Parking Area” shall interfere with mean the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems paved portion of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Franklin Electronic Publishers Inc)
Repairs. (a) The State shall take good care of LESSOR agrees to keep and maintain the Plaza and the Demised PremisesBuilding as a first class office building, and shall make all repairs necessary to put and keep the same in good order and conditionrepair. Without limiting the foregoing, LESSOR will keep in good order and repair, and maintain and replace as needed (the cost of which shall be included in CAM charges): all fixtures serving, but not located within the perimeter of, the Premises, including but not limited to, water, plumbing, sewer, HVAC, fire/life safety, electrical and sprinkler systems. If any such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of duty by LESSEE, its agents, servants, employees or invitees, LESSEE shall pay to LESSOR the actual cost of such maintenance and repairs. LESSEE shall at once report in writing to LESSOR any known defective or damaged condition of the Premises which LESSOR is required to repair pursuant to this Paragraph and LESSEE's failure to report to LESSOR any such condition or defect shall make LESSEE responsible to LESSOR for any liabilities, costs, expenses, and attorneys' fees incurred by LESSOR as a result of such defect or damage. LESSOR shall not be obligated to commence non-emergency repairs or to perform routine maintenance of the Premises for a period not to exceed five (5) 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 order and repair except that repairs that are necessary due to the negligence or willful misconduct those portions of the Lessee, its employees, agents, invitees or contractors, Premises to be repaired by LESSOR expressly hereunder. LESSEE shall be performed by return the State, Premises to LESSOR at the Lessee’s sole cost and expense. During the Term expiration or sooner termination of this Lease, LEASE in as good condition and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Daterepair as when first received, reasonable wear and tear and casualty excepted. All damage or injury to the Office Building, Premises, the Lessee will do so Common Areas, or the equipment serving same, caused by submitting a TAR or resulting from LESSEE's misuse, or the act or negligence of LESSEE, its agents, employees, licensees, invitees or visitors shall be promptly reported to LESSOR and repaired by LESSOR at the Lessor sole cost and expense of LESSEE and LESSEE hereby agrees to pay such amounts on demand as Additional Rent. LESSEE shall keep in accordance with the directions on the TAR. The State shall then, in its sole discretion, good order and repair at its LESSEE'S sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct portion of the Lesseewater, its employeesplumbing, agentssewer, invitees or contractors, shall be performed by electrical and sprinkler systems located within the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality perimeter of the foregoing, the State, by its officers, employees, representatives Premises. LESSOR shall assign to LESSEE any and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, all warranties applicable to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lesseeitems.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Coastal Bank Corp)
Repairs. (a) The State Tenant shall take good care of the Plaza premises and fixtures therein and, subject to the Demised Premisesprovisions of paragraph 5 hereof shall make, as and shall make when needed, as a result of misuse or neglect by Tenant or Tenant's servants, employees, agents, visitors, licensees, contractors, guests or invitees all repairs in and about the demised premises necessary to put and keep the same preserve them in good order and condition, at its own cost which repairs shall be in quality and expenseclass equal to the original work. However, Landlord after twenty (20) days prior written notice to Tenant if Tenant shall not have commenced to make such repair within such twenty (20) day period, except that repairs that are necessary due in an emergency, in which event no notice shall be required, may repair, at the expense of Tenant, all damage or injury to the negligence demised premises or willful misconduct of to the Lesseebuilding or to its fixtures, its appurtenances or equipment, done or caused by Tenant or Tenant's servants, employees, agents, invitees or visitors, licensees, contractors, shall be performed guests or invites, or caused by the State, at the Lessee’s sole cost and expense. During the Term moving property of this Lease, and any renewal, extension Tenant in or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications out of the State) done to keep the Demised Premises in the condition existing at the Commencement Datebuilding, reasonable wear and tear exceptedor by installation or removal of furniture or other property, the Lessee will do so or resulting from fire, air-conditioning unit or system short circuits, overflow or leakage of water, steam, illuminating gas, sewer gas, sewage or odors, or by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall thenfrost, in its sole discretionor by bursting or leaking of pipes or plumbing works, and at its sole cost and expenseor gas, determine if work will be doneor from any other cause, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence carelessness, negligence, or willful misconduct improper conduct of the LesseeTenant, its or Tenant's servants, employees, agents, invitees or visitors, licensees, contractors, guests or invitees. Except as provided in paragraph 13 hereof, there shall be performed 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 person(s), property or business arising from the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality making of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such any repairs, alterations and replacements as mayalterations, additions or improvements in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on portion of the building or about the Demised Premises premises or in or to the fixtures, appurtenances or equipment, nor shall there be any liability upon the Landlord for failure to make any repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in or to the fixtures, appurtenances or equipment, The Tenant shall and does hereby indemnify and hold the Landlord harmless and free from all liability for all injuries suffered by any person(s), and for damages sustained to property, and for any injury or damage to the Demised Premises or any property of the Lessee or monies paid out by Landlord in settlement of any other person located therein claims or thereon. Howeverjudgements resulting from such damages or injuries, subject to the availability of lawful appropriations as well as for all expenses and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done attorney's fees incurred by the State, at its cost and expenseLandlord in connection therewith, except that the Lessee shallif caused by negligence or acts of Landlord, at its sole cost agents, representatives, employees and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.contractors. INITIAL /s/ [ILLEGIBLE] HERE WINDOW CLEANING
Appears in 1 contract
Sources: Lease (Norton McNaughton Inc)
Repairs. (a) The State shall take good care of the Plaza and the Demised Premises, and shall make all repairs necessary to put and keep the same in good order and condition, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the Statei) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee Tenant shall, at its sole cost and expense, perform take good care of the Premises and the fixtures and appurtenances therein (including, without limitation, bathroom and plumbing fixtures and appurtenances) and make all repairs thereto as and when needed to preserve them in good working order and condition and maintain the Premises in a condition consistent with offices in comparable office buildings. Landlord, at its sole cost and expense, shall promptly replace all broken glass of the exterior windows in the Premises. Tenant shall be responsible for all repairs, structural repairs maintenance and repairs replacement of wall and floor coverings in the Premises and for the repair and maintenance of all sanitary and electrical fixtures (excluding the Class E System) and equipment therein. Subject to the building provisions of Sections 9(h)(i) and 9(h)(iii) hereof, all damage or injury to the Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by or which arises out of (i) Tenant moving property in or out of the Building, or (ii) the installation or removal of furniture, fixtures or other property by Tenant, or (iii) the performance by Tenant or existence of any Alterations or repairs in the Premises or (iv) the installation, use or operation of Tenant's property in the Premises or (v) negligence, wilful or improper conduct on the part of Tenant, its servants, employees, agents, visitors, or licensees, shall be repaired, restored or replaced promptly at Tenant's sole cost and expense to the reasonable satisfaction of Landlord. However, if by reason of (1) strike, (2) labor troubles, (3) governmental preemption in connection with a national emergency, (4) any rule, order or regulation of any governmental agency, or (5) conditions of supply or demand which are affected by war or other national, state or municipal emergency (each, a "Force Majeure Event"), Tenant shall not be able to fulfill its obligations under this Lease, this Lease and Tenant's obligation to pay fixed annual rent and additional rent hereunder, shall not otherwise be affected, impaired or excused, but Tenant shall not be deemed in default in the performance of any obligations under this Lease, provided, that as soon as Tenant shall learn of the happening of any Force Majeure Event, Tenant shall promptly notify Landlord of same, and, if ascertainable, its estimated duration, and Tenant will proceed promptly and diligently with the fulfillment of its obligations as soon as reasonably possible. Any repairs required to be made by Tenant to the mechanical, electrical, plumbing, sanitary, heating, ventilating, Building's air-conditioning, fire safety or other systems of the Demised PremisesBuilding shall be performed only by contractor(s) who are reasonably acceptable and approved by Landlord. All repairs, involving improvementsrestorations and replacements made by Tenant shall be in quality and class equal to the original work or installations currently in the Building. If Tenant fails to make such repairs, additions restoration or replacements within thirty (30) days after notice and fixturesdemand, finishes subject to any necessary extension as a result of a Force Majeure Event, same may be made by Landlord at the expense of Tenant and decorations made or installed such expense shall be collectible as additional rent and shall be paid by the Lessee, in accordance with Section 23(dTenant within ten (10) days after rendition of this Leasea bill ▇▇▇refor.
Appears in 1 contract
Repairs. Developer will promptly repair (aor cause to be repaired) The State shall take good care any damages to the subsurface portion (or portions) of the Plaza Easement parcel, and/or to any and the Demised Premises, and shall make all repairs necessary to put and keep the same in good order and condition, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct portion(s) of the Lesseeremainder of Owner's property outside of the Easement Parcel, its caused by, through, under, arising out of and/or resulting from the work performed by Developer, Developer's General Contractor for the Improvements, or any of their respective employees, agentssubcontractors, invitees laborers, or contractorsmaterial suppliers. Upon receipt of written notice from Owner, Developer shall be performed by the Stateperform such repairs within a reasonable timeframe, at the Lessee’s sole cost but commencing and expensecompleting such repairs not later than ten (10) business days after written notice thereof. During the Term of this LeaseHowever, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at event of an emergency, affecting the Commencement Datesafety of persons or property, reasonable wear and tear excepted, Developer shall immediately commence repairs to mitigate the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and damages caused therefrom at its sole cost and expense. If such repairs will require additional time beyond the 10 business days set forth herein, Developer shall provide prompt written notice to Owner and/or its Owner Representative of the additional time required for completing such repairs and the basis therefor. If Owner and/or its Owner Representative determine such time extension or delay in performing repairs beyond 10 business days is unreasonable and/or if work will be doneDeveloper fails to perform any of its obligations under this Section 6, Owner shall have the right (but not the duty), to correct any condition and/or to make repairs, and cause the same reasonable costs thereof shall promptly be reimbursed and/or paid by Developer after written notice of the same, but no later than thirty (30) days after receipt of written notice thereof. Notwithstanding the foregoing provisions of this Section 6, Developer shall not be responsible for repairing any damage to be performed in a timely manner.
the subsurface portion (bor portions) The State shall take good care of all fixed and non-fixed equipment and fixturesthe Easement Parcel and/or to the remainder of Owner's property, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence Easement Parcel, to the extent it is caused by the gross negligence, recklessness or willful misconduct of the LesseeOwner, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by and/or its officers, employees, representatives and or contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems; and, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspectionremainder of Owner's property, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to it is caused by the negligence gross negligence, recklessness or willful misconduct of Owner, its officers, employees, contractors, agents, licensees, invitees, and guests as a result of their (respective) use of the State or property. ▇▇▇▇▇▇▇▇▇;1) Page 8 of its officers or employees when acting within the course and scope of their employment with respect to this section24,PERPETUAL SUBSURFACE EASEMENT AGREEMENT Section 7.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.
Appears in 1 contract
Sources: Subsurface Easement Agreement
Repairs. (aIf Tenant shall have failed to cure an event of default ------- described in Paragraph 18(d) The State hereinbelow, Tenant shall take good care of pay to Landlord, promptly upon demand, all reasonable costs and expenses incurred by Landlord in connection with all repairs, replacements and alterations to the Plaza Premises and the Demised PremisesBuilding, whether such repairs, replacements, and shall make all repairs necessary to put and keep 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 Tenant's alterations or personal property, or the moving of the same in good order and condition, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct out of the Lessee, Building or the Premises by Tenant or any of its subtenants or any of its or their employees, agents, contractors, licensees or invitees, (ii) 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 contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term their use or occupancy or manner of this Lease, and any renewal, extension use or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications occupancy of the StatePremises, or (iii) done the performance by Tenant of its obligations pursuant to keep the Demised Premises provisions of Paragraph 7(b) hereof. If events described in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall preceding sentence occur then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and conditionTenant, at its sole cost and expense, except that repairsshall promptly replace scratched, replacements damaged or broken doors and glass in and about the Premises and shall be responsible for all repairs and maintenance that are necessary due of wall and floor coverings in the Premises, normal wear and tear and damage by fire or other casualty or by Landlord, or its agents, employees or contractors excluded. Tenant shall not be obligated to repair or replace window glass on the exterior walls of the Premises unless the need for repair or replacement is caused by the acts, omissions, negligence or willful misconduct misuse of the LesseeTenant or any of its subtenants, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expenselicensees or invitees.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.
Appears in 1 contract
Sources: Lease Agreement (On Technology Corp)
Repairs. (a) The State 10.01 Tenant shall take good care of the Plaza Premises and the Demised Premisesfixtures and appurtenances therein, and shall make all non-structural repairs necessary to put and keep the same them in good working order and condition, at and all structural repairs when those are necessitated by the act, omission, carelessness, improper conduct or negligence of Tenant or its own cost and expenseagents, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by subject to the State, at the Lessee’s sole cost and expenseprovisions of Article 11 hereof. During the Term term of this Lease, Tenant may have the use of any air-conditioning equipment servicing the Premises, subject to the provisions of Article 35 of this Lease, and any renewalshall reimburse Landlord, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) Article 41 of this Lease, or portions thereof in for electricity consumed by the Demised Premises equipment. The exterior walls and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion roofs of the StateBuilding, be deemed necessary the mechanical rooms, service closets, shafts, areas above any hung ceiling and the windows and the portions of all window s▇▇▇▇ outside same are not part of the Premises demised by this Lease, and Landlord hereby reserves all rights to such parts of the Building. Tenant shall not paint, alter, drill into or advisable andotherwise change the appearance of the windows including, from time to timewithout limitation, to construct or install overthe s▇▇▇▇, injambs, under or through frames, sashes, and meeting rails.
10.02 Landlord shall maintain and repair the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other structural portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, all Building systems and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had equipment up to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession point of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage entry to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the StatePremises, at its cost and expense, except that where the Lessee shallneed for such maintenance or repairs is caused by the negligence or willful misconduct of Tenant, its members, partners, directors, officers, employees, representatives, servants, invitees, permitted subtenant or permitted licensees, in which event such maintenance and repair shall be performed at its sole Tenant’s cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Leasepayable as additional rent hereunder.
Appears in 1 contract
Sources: Lease Agreement (Xenomics Inc)
Repairs. (a) The State shall take good care of the Plaza Plaza/or other location, as that term is defined in Section 1(d) of this Lease, and the Demised Premises, and shall make all repairs necessary to put and keep the same in good order and condition, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed State-owned items on the Fixed and nonNon-fixed equipment State Equipment and fixturesFixtures Inventory, as listed on Schedule B attached to this LeaseLease as Schedule B, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f1 (f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use Use, as that term is defined in Section 4 of this Lease, of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f1 (f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza Plaza/or other location, as that term is defined in Section 1 (d) of this Lease, and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d23 (d) of this Lease.
Appears in 1 contract
Sources: Commercial Lease Agreement
Repairs. Subject to Section 11, Tenant, at its expense, shall perform all maintenance and repairs (aincluding replacements) The State shall take good care of to the Plaza and the Demised Premises, and shall make all repairs necessary to put and keep the same Premises in as good order condition and condition, at its own cost repair as existed when Tenant took possession and expenseas thereafter improved, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, for reasonable wear and tear exceptedand repairs that are Landlord’s express responsibility hereunder. Tenant’s maintenance and repair obligations shall include (a) all leasehold improvements in the Premises, the Lessee will do so by submitting a TAR to the Lessor including any Tenant Improvements, any Alterations (defined in accordance with the directions on the TAR. The State shall then, in its sole discretionSection 7.2), and at its sole cost and expenseany leasehold improvements installed pursuant to any prior lease (the “Leasehold Improvements”), determine if work will be done, and cause but excluding the same to be performed in a timely manner.
Base Building; (b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in any Supplemental Systems serving the Demised Premises, and shall make all repairs, replacements whether located inside or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct outside of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost Premises; and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is all Lines (defined in Section 1(f23) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) trade fixtures. Notwithstanding the foregoing, the Lessee is and shall be if a Default (defined in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury Section 19.1) or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. Howeveran emergency exists, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the StateLandlord may, at its option, perform such maintenance and repairs on Tenant’s behalf, in which case Tenant shall pay Landlord, upon demand, the cost of such work plus a coordination fee equal to 10% of such cost. Landlord shall perform all maintenance and expenserepairs (including replacements) to, except and keep in good condition and repair, (i) the roof and exterior walls, windows and window mullions of the Building, (ii) the Base Building, and (iii) the Common Areas. In addition, (a) if, at any time during the initial Term, any fixture, finish or other improvement that exists in the Lessee shallrestrooms or the elevator lobby located in the Premises (other than any non-Building-standard item that may be installed as part of the Tenant Improvements or any Alteration) fails to operate in accordance with its design specifications or otherwise is in need of repair (other than by reason of a Casualty, an Act of Tenant, or an Alteration), then Landlord, at its sole cost expense (which may be included in Expenses), shall promptly correct such defect and/or perform such repair; and expense(b) if, perform all repairs, structural repairs and repairs to at any time during the building systems first year of the Demised initial Term, any plumbing fixture that exists in the Premises (but outside the restrooms in the Premises, involving improvements, additions ) on the date hereof and fixtures, finishes and decorations made is not replaced or installed altered by the Lessee, Tenant Improvements or any Alteration fails to operate in accordance with Section 23(d) its design specifications or otherwise is in need of this Leaserepair (other than by reason of a Casualty, an Act of Tenant, or an Alteration), then Landlord, at its expense (which may be included in Expenses), shall promptly correct such defect and/or perform such repair.
Appears in 1 contract
Sources: Office Lease (ServiceTitan, Inc.)
Repairs. (a) The State Lessee shall, during the term of this lease, be responsible for all improvements, repairs and maintenance as shall take be reasonably necessary to keep the leased premises in good care of condition and repair. Lessee may make any improvements to the Plaza leased premises, provided that such improvements comply with federal, state and the Demised Premisesmunicipal statutes and ordinances, and further provided that Lessee obtains Lessor’s prior approval for such improvements and repairs. Lessee shall make be responsible for obtaining any necessary building permits. Lessee agrees that all repairs necessary damage or injury done to put and keep the same premises by Lessee or by any person who may be in good order and condition, at its own cost and expenseor upon the premises, except that repairs that are necessary due to the negligence or willful misconduct of the Lessor, Lessor’s agents, servants and employees, shall be repaired by Lessee, or its employees, agentsat Lessee’s expense. Lessee shall indemnify Lessor against any claim of any kind including but not limited to mechanic’s liens or other lien arising out of the making of any alterations, invitees additions, repairs or contractorsimprovements by Lessee. At the end of the Lease term, including extensions, any alterations, additions, and improvements located on the leased premises shall be performed by become the Stateproperty of the Lessor, at the Lessee’s sole cost and expensecomplete option of the Lessor. During If the Term Lessor determines in its sole and complete discretion that it does not want any part or all of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvementsalterations, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) and improvements done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed leased premises by the Lessee, then and in accordance with Section 23(d) of this Leasethat event upon written notice from Lessor, Lessee shall be solely responsible to remove the alterations, additions, and improvements at its sole and complete cost and expense and restore the building to its original condition.
Appears in 1 contract
Repairs. (a) The State shall Lessee shall, at its expense, take good care of the Plaza premises, which includes, but is not limited to, all electrical, plumbing, heating, air conditioning and the Demised Premises, and shall make other mechanical or machinery installations therein; all repairs necessary to put and keep the same in good order and condition, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixturesdoors, as listed on Schedule B attached to this Leasewell as all plate glass doors and windows, located in the Demised Premisesfixtures and appurtenances therein, and shall make all repairs, alterations, replacements or maintenance and modifications necessary to put and keep the same them in as good working order and condition, at its sole cost using material and expense, except that repairs, replacements or maintenance that are necessary due 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 willful misconduct its agents, employees or invitees. The exterior walls of the LesseeBuilding, its employeesthe windows and the portions of all window ▇▇▇▇▇ outside same are not part of the premises demised by this Lease, agents, invitees and Lessor hereby reserves all rights to such parts of the Building. Lessee shall not abandon or contractorsvacate the Demised Premises, shall be performed not permit, license or suffer the occupancy of any other party in the Demised Premises and shall keep the Demised Premises and sidewalks, service-ways and loading areas adjacent to the Demised Premises neat, clean and 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 such garbage and trash at Lessee’s expense. Lessee shall store all trash and garbage within the area designated by Lessor for such trash pickup and removal and only the Statereceptacles of the size, design and color from time to time prescribed by Lessor. Lessee shall not operate an incinerator or burn trash or garbage within the Center. Lessee agrees, at the Lessee’s sole cost and expenseexpense (i) to comply promptly and fully with all present and future governmental laws, ordinances, orders, rules and regulations affecting the Premises and/or Lessee’s use thereof, including without limitation, the Americans with Disabilities Act, 42, U.S.C. Section 12111, et. Seq.
(c) Without limiting , as amended, and/or the generality cleanliness, safety, occupancy and use of the foregoing, same; and (ii) be and remain authorized to do business in the State, by its officers, employees, representatives and contractors, state in which the Center is located. Lessee shall have make no alterations or additions to the right, Premises or erect any exterior signs except as provided for in Exhibit “C” or as may be made with the benefit approval of the Lessee governmental entity responsible for approval of signage, without Lessor’s prior written consent. All alterations or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make additions made with such repairs, alterations and replacements as may, in the reasonable opinion consent shall be part of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. HoweverLessor, subject to the availability terms of lawful appropriations and consistent with Section 8 this Lease unless otherwise provided by the instrument of consent. Lessee’s trade fixtures, equipment or other personal property placed on the New York State Court Premises may be removed by Lessee at any time during the Rental Term; but if installation of Claims Actany of same in or on the Premises or the removal therefrom of any thereof could deface structurally alter the Premises, Lessor’s written consent to installation must first be procured and, upon removal, all any damage to the State Premises caused thereby shall hold be fully repaired promptly by Lessee at Lessee’s expense. There shall be no outside storage of any kind whatsoever. Notwithstanding anything to the contrary contained herein, Lessee harmless from and indemnify it shall not be responsible for any final judgment of a court of competent jurisdiction roof or structural maintenance except to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this sectionsame may be occasioned by Lessee’s negligence.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Sancilio Pharmaceuticals Company, Inc.)
Repairs. (a) The State shall take good care of the Plaza Plaza, as that term is defined in Section 1(d) of this Lease, and the Demised Premises, and shall make all repairs necessary to put and keep the same in good order and condition, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee▇▇▇▇▇▇’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed State-owned items on the Fixed and nonNon-fixed equipment State Equipment and fixturesFixtures Inventory, as listed on Schedule B attached to this LeaseLease as Schedule B, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f1 (f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use Use, as that term is defined in Section 4 of this Lease, of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f1 (f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza Plaza, as that term is defined in Section 1 (d) of this Lease, and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d23 (d) of this Lease.
Appears in 1 contract
Sources: Commercial Lease Agreement
Repairs. (a) The State shall take good care of the Plaza and the Demised Premises, and shall make all repairs necessary to put and keep the same in good order and conditionLessor is responsible, at its own cost and expense, except that repairs that to keep and maintain the interior of Leased Premises in a clean, sanitary and good condition, repair and maintenance including replacement of bulbs and lamps. The exterior structure including walls, roof, common areas, glass and doors unless said doors and glass are necessary due to the negligence damaged by burglary or willful misconduct of the Lessee, its employees, agents, invitees attempt thereof or contractors, shall be performed by the State, malicious vandalism or strike directed at the Lessee’s sole cost and expense. During 's place of business within the Term of this Lease, and any renewal, extension or holdover thereof, if Leased Premises shall be the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications responsibility of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely mannerLessor.
(b) The State Lessees shall take good care of all fixed and non-fixed equipment and fixturesnot injure, as listed on Schedule B attached to this Leaseoverload or deface the Building, located in including the Demised Premisesinterior walls, and including the erection of any signs or identification. The water closets and other water apparatus shall make all repairsnot be used for any other purposes than those for which they were constructed and no sweepings, replacements rubbish, sanitary napkins, or maintenance necessary to put and keep other obstructing substances shall be thrown therein. Any said repair resulting therefrom shall be the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct expense obligation of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting Not more than two keys for each unit will be furnished without charge; the generality charge for additional keys shall be Five Dollars ($5.00) each. No additional locks or latches shall be put upon any door without written consent of Lessor. Lessee, at termination of their Lease of the foregoing, the State, by its officers, employees, representatives and contractorsPremises, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, return to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof Lessor all keys to doors in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, building. Tenant shall install in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises areas desired security locks required for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the LesseeUL approval.
(d) In Lessor shall be responsible for the event preventive and routine maintenance (except that covered under any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(fwarranty) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspectionheating, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is ventilating and air conditioning system. Maintenance made under this paragraph shall be in exclusive control and possession of made at the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this sectionLessor's expense.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.
Appears in 1 contract
Repairs. (a) The State A. Lessee has examined the premises and has entered into this lease without any representations on the part of the Lessor as to the condition thereof. Lessee shall take good care of the Plaza premises and at Lessee's own cost and expense maintain and make all repairs and replacements to the Demised Premisesbuilding, both interior and exterior, including all systems thereof, that may be required during the term of the Lease, except as may be hereinafter provided. Notwithstanding the foregoing, and on the condition that same shall not have been caused by the negligent or careless act or omission of Lessee, or its servants, agents or employees, Lessor shall be responsible for structural and roof repairs, and shall make all perform such repairs to the pavement (exclusive of snow plowing) as may be necessary to put provide reasonable use and access to the Demised Premises by the Lessee. Lessee shall be responsible for all other repairs.
B. Lessee shall neither encumber nor obstruct the sidewalks, driveways, entrances, etc. but shall keep and maintain same in a reasonably clean condition free from debris, trash and refuse. No outside storage shall be permitted, except as otherwise provided herein, nor shall any trash or debris be placed or allowed to remain in the same premises exterior except in acceptable receptacles to be obtained by Lessee at its own expense. At the expiration of the term hereof, Lessee shall deliver up the premises in good order and condition, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretionfrom reasonable use thereof, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed damage by the Stateelements, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, excepted. Lessor shall have the right, for right to inspect the benefit of premises at reasonable times during business hours upon reasonable notice to Lessee. In the event Lessee or for the benefit of others at the Building, shall fail to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of make any repairs which are Lessee's responsibility under this Lease, or portions thereof in the Demised Premises and if Lessee fails to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make commence such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
repairs within twenty (d20) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.days after written notice from
Appears in 1 contract
Repairs. (a) The State Section 6.01. Tenant shall take good care of the Plaza Demised Premises and the Demised Premisesfixtures therein and at its sole cost and expense make all repairs thereto as and when needed to preserve them in good working order and condition. Tenant, and at its expense, shall make all repairs necessary to put the HVAC, mechanical, plumbing and keep electrical systems within the same in good order and condition, at its own cost and expense, except that repairs that are necessary due to Demised Premises resulting from the negligence or willful misconduct of Tenant, its agents, contractors and employees. All damage or injury to the LesseeDemised Premises or the Building or to any building equipment or systems caused by Tenant moving property in or out of the Building or by installation or removal of personalty or resulting from negligence or conduct of Tenant, its employees, agents, contractors, customers, invitees or contractorsand visitors, shall be performed repaired, promptly by the State, Tenant at the Lessee’s sole cost and Tenant's expense. During the Term of this Lease, and any renewalwhether or not involving structural changes or alterations, extension to the satisfaction of Landlord. All repairs shall include replacements or holdover thereofsubstitutions where necessary and shall be at least equal to the quality, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications class and value of the State) property repaired, replaced or substituted and shall be done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely good and workmanlike manner.
(b) The State Section 6.02. Landlord, at its expense, shall take good care maintain and make all repairs and replacements, structural and otherwise, to the exterior and public portions of all fixed the Building and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall unless Tenant is required to make all repairsthem under the provisions of Section 6.01 or unless required as a result of the performance or existence of alterations performed by Tenant or on Tenant's behalf, replacements or maintenance necessary to put and keep the same in good order and conditionwhich event Tenant, at its sole cost and expense, except that repairsshall perform such maintenance, replacements repairs or maintenance that are necessary due to the negligence or willful misconduct replacements. Tenant shall notify Landlord of the Lessee, its employees, agents, invitees or contractors, shall necessity for any repairs for which Landlord may be performed by responsible in the State, at Demised Premises under the Lessee’s sole cost and expense.
(c) Without limiting the generality provisions of the foregoing, the State, by its officers, employees, representatives and contractors, this Section. Landlord shall have the rightno liability to Tenant by reason of any inconvenience, for the benefit of the Lessee annoyance, interruption or for the benefit of others at the Building, injury to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term business arising from Landlord's making any repairs or changes which Landlord is defined in Section 1(f) of required or permitted by this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance noticerequired by law, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions any portion of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and or in or to the fixtures, finishes and decorations made equipment or installed by appurtenances of the LesseeBuilding or the Demised Premises.
Section 6.03. Tenant shall not store or place any materials or other obstructions in the lobby or other public portions of the Building, in accordance with Section 23(d) of this Leaseor on the sidewalk abutting the Building.
Appears in 1 contract
Sources: Lease (Global Technologies LTD)
Repairs. (a) The State MPS shall take good care maintain the Common Areas and the exterior walls, roof and foundation of the Plaza Property and the Demised Premisesheating, ventilating, air conditioning, electrical, plumbing and shall make all repairs necessary to put and keep the same in good order and condition, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed mechanical systems provided by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises MPS in the condition existing at the Commencement DateProperty. Except as set forth herein, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, keep the Premises and every part thereof, in good condition and repair, and ▇▇▇▇▇▇ shall also be responsible for the entire cost of all repairs and replacements otherwise the responsibility of MPS hereunder that are required by reason of acts or negligence of Lessee, its agents, employees, customers or invitees, or the particular nature of Lessee’s use of the Premises. Lessee shall be responsible for repairing any damage to the Property caused by the installation or moving of Lessee’s furniture, equipment and personal property. Lessee shall, at its expense, also repair or replace with glass of equal quality any broken or cracked plate or other glass in doors, windows and elsewhere in or adjacent to the Premises. Lessee shall not defer any repairs or replacements to the Premises by reason of the anticipation of the expiration of the Term. MPS, at MPS’s option, may elect to perform all repairsor part of the maintenance, structural repairs and repairs servicing which is the obligation of Lessee hereunder, and/or the obligation of all of the other Lessees of the Property with respect to the building systems premises occupied by them, in which event the cost thereof shall be at MPS’s option either billed directly to and paid by ▇▇▇▇▇▇ as additional rent. Except as aforesaid, in the event that, at the request of ▇▇▇▇▇▇, MPS performs any maintenance, repairs or servicing of the Demised PremisesPremises which is the obligation of Lessee hereunder, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Leasethen Lessee shall pay MPS directly therefor.
Appears in 1 contract
Sources: Lease Agreement
Repairs. (a) The State shall take good care From and after delivery of possession of the Plaza Premises to Tenant, Tenant shall keep, maintain and preserve the Demised PremisesPremises in a first class condition and repair, and shall make all repairs necessary to put shall, as and keep the same in good order and conditionwhen needed, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its Tenant's sole cost and expense, determine if work will make all repairs to the Premises and every part thereof (other than elements of the Premises to be donemaintained and repaired by Landlord pursuant to this Lease) and all personal property, trade fixtures and equipment within the Premises. Subject to the provisions of Section 10(c) above, upon the expiration of the Term or sooner termination of this Lease, Tenant shall surrender the Premises to Landlord in the same condition as when received, as improved by the Tenant Improvements, excepting permitted Alterations which Tenant is not required to remove pursuant to Section 10(b) above, reasonable wear and tear, casualty damage governed by Section 18 below, and cause the same damage which Landlord is obligated to be performed in a timely mannerrepair under this Lease.
(b) The State Landlord shall take good care keep, maintain and preserve in first-class condition and repair, the roof, structure and foundation, integrated Building utility and mechanical systems, parking facilities and other Common Areas of all fixed the Project, provided that to the extent such maintenance and/or repair work is (i) attributable to items installed in Tenant's Premises which are above standard interior improvements (such as, for example, custom lighting, special HVAC and/or electrical panels or systems, kitchen or restroom facilities and non-fixed equipment and appliances constructed or installed within Tenant's Premises), (ii) attributable to the installation, as a part of the Tenant Improvements, Tenant's Alterations or Tenant's trade fixtures, as listed on Schedule B attached to this Leaseof items which are less than first-class in quality, located in the Demised Premisesworkmanship or manner of installation, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to and/or (iii) necessitated by the negligence or willful wilful misconduct of the Lessee, its employees, agents, invitees Tenant or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility"Tenant Parties" (as hereinafter defined), Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) then Tenant shall pay to Landlord the cost of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State maintenance and/or repairs. Landlord shall not in any event 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 for such repairs or maintenance is given to Landlord by Tenant. Subject to the provisions of Sections 14(d), 18 and 19 below, there shall be no abatement of Rent and no liability of Landlord by reason of any injury to or damage to interference with Tenant's business arising from the making of any property repairs, alterations or improvements in or to any person happening on portion of the Project or about the Demised Premises or for in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any injury law, statute or damage to the Demised Premises ordinance now or any property hereafter in effect (including, without limitation, Sections 1941 and 1942 of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this sectionCalifornia Civil Code).
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.
Appears in 1 contract
Sources: Office Lease (Tix CORP)
Repairs. (a) The State shall take good care of the Plaza Plaza, as that term is defined in Section 1(d) of this Lease, and the Demised Premises, and shall make all repairs necessary to put and keep the same in good order and condition, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed State-owned items on the Fixed and nonNon-fixed equipment Equipment and fixturesFixtures Inventory, as listed on Schedule B attached to this LeaseLease as Schedule B, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use Use, as that term is defined in Section 4 of this Lease, of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza Plaza, as that term is defined in Section 1(d) of this Lease, and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.
Appears in 1 contract
Sources: Commercial Lease Agreement
Repairs. (a) The State Subtenant shall take not commit any waste in the Sublease Premises or the Building and shall be responsible to maintain and repair the Sublease Premises and all fixtures, equipment and improvements attached to or located in the Sublease Premises or any Changes thereto approved by Sublandlord (herein collectively, the “Improvements and Installations”) in order to ensure that same are repaired and maintained in as good care a condition as existed as of the Plaza and the Demised Premises, and shall make all repairs necessary to put and keep the same in good order and condition, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Sublease Commencement Date, reasonable wear and tear excepted. In amplification and not in limitation of the foregoing, Subtenant shall be liable for all repairs and maintenance of the Lessee will do so by submitting a TAR interior doors, floor and wall covering, lighting fixtures, and scratches and damages to any glass within the Lessor Sublease Premises. In the event Subtenant shall fail to comply with its obligation to repair and maintain the Sublease Premises or the other items for which its is responsible in accordance with the directions on the TAR. The State shall thenterms hereof, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, then Sublandlord shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, entitled to make such repairs, alterations and replacements as may, repairs on behalf of Subtenant in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere accordance with the Use of the Demised Premises by the Lessee.
(d) provisions hereof. In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents Building or contractors to any of the existing equipment or future Utilityappurtenances thereto or stored therein is damaged as a result of any act or omission of Subtenant, Mechanicalits agents, Electricalemployees, Communication and Other Systemscontractors or invitees, as that term is defined in Section 1(f) of this Leasethen Subtenant, and thus upon demand shall interfere with pay to Sublandlord the inspection, maintenance, repair or modification cost of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order repairs that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and Sublandlord shall be in exclusive control and possession required to pay to Rewards Network or Overlandlord on account thereof. Subtenant’s obligations hereunder shall survive the expiration or earlier termination of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this sectionterm hereof.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.
Appears in 1 contract
Sources: Sublease (Aob Biotech Inc)
Repairs. (a) The State shall take good care of the Plaza and the Demised Premises64.1 Notwithstanding anything contained in Articles 3, and shall make 4, 6 or elsewhere in this Lease, all repairs necessary and other work which Tenant is required to put perform under any provision of this Lease and keep the same in good order and condition, at its own cost and expense, except that repairs that are necessary due which Tenant fails to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall perform may be performed by Landlord at Tenant’s cost, provided, however, that Tenant shall have fifteen (15) days’ notice prior to Landlord’s undertaking of any non-emergency repair which Landlord intends to undertake. Tenant shall be permitted to perform such non-emergency repair if it diligently pursues the State, at undertaking thereof within such fifteen (15) day period and continues diligently to complete the Lesseesame after Landlord’s sole cost and expense. During notice referenced in the Term first sentence of this Lease, and Section 64.1. If Landlord undertakes any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor such repairs and/or other work in accordance with herewith, Tenant shall pay the directions on the TAR. The State shall thencost of such repairs and/or other work, in its sole discretionas Additional Rental, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in within ten (10) days after rendition of a timely mannerstatement therefor by Landlord.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures64.2 In addition to Tenant’s obligations under Article 4, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and conditionTenant, at its sole cost and expense, except shall take good care of the Premises and all improvements, and internal distribution of air conditioning and heating systems used by Tenant within the Premises, internal distribution of building systems used by Tenant within the Premises, fire and safety systems within the Premises, and personal property located therein or throughout the Building, including, without limitation, all fixtures, machinery, equipment and all other personal property and stock purchased by Tenant or used in connection with the operation of its business at the Premises (all of the foregoing being hereinafter collectively referred to as “Repair Property”), and Tenant shall make all necessary repairs to the Premises and/or Repair Property in accordance with the provisions contained herein, whether ordinary, extraordinary, foreseen, or unforeseen, provided, however, that repairs, replacements or maintenance Tenant shall not be obligated to make any repairs to the extent that are necessary due to the same is necessitated by the negligence or willful misconduct of the LesseeLandlord, its agents, employees or contractors. Notwithstanding anything herein to the contrary, but subject to the provisions of the following sentence, Landlord shall, at its cost, maintain the building systems themselves, but Tenant shall be responsible for any internal distribution of same up to but not including the main panels or main connection points to the Premises or main lines that run through the Premises. Nevertheless, (and without limiting (a) Tenant’s other obligations under this Section 64.2 with respect to the Premises and Repair Property or, (b) Tenant’s other obligations under the other provisions of this Lease), subject to Sections 51.4 and 51.5 hereof, any damage to the Building (including, without limitation, the roof), interior and exterior, arising from or caused by the negligence or willful misconduct of Tenant (or its agents, servants, employees, agents, invitees or contractors, ) shall be performed by the Stateliability of Tenant.
64.3 Tenant shall, at the Lessee’s its sole cost and expense.
, operate and maintain the HVAC units (c) Without limiting the generality one per floor of the foregoingPremises) that exclusively serve the Premises (collectively, the State, by its officers, employees, representatives and contractors, “Unit”) in accordance with the provisions of this Article. Such maintenance obligations shall have be performed throughout the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises on Tenant’s behalf and to enter the Demised Premises at all reasonable times upon reasonable advance noticeTenant’s expense, to make such repairsby a reputable HVAC maintenance company, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises first reasonably approved by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Landlord. Notwithstanding the foregoing, Tenant’s sole obligation to maintain the Lessee is and Unit shall be in exclusive control the periodic cleaning and/or replacement of filters, replacements of fuses and possession belts, the calibration of thermostats and all startup and shut down of the Demised Premises and the State shall not Unit which are typically included in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereona standard maintenance contract. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee Landlord shall, at its sole cost and expense, perform any and all repairs, structural repairs and other necessary repairs to the building systems Unit and any needed replacements of the Demised PremisesUnit. The Unit, involving improvementsthe components of the Unit and any replacements thereof shall be and remain at all times the property of Landlord, additions and fixturesTenant shall surrender the Unit (including, finishes without limitation, its components) and decorations made or installed by all replacements thereof in good working order, to Landlord on the LesseeExpiration Date reasonable wear and tear excepted, and subject to Landlord’s obligations to make needed repairs and replacements of such Unit. Landlord will not be required to furnish any other services, except as otherwise provided in accordance with this Lease. Without limiting the obligations of Landlord under this Section 23(d64.3, Tenant may authorize repairs to the HVAC Unit of up to $5,000 per occurrence without the consent of Landlord, and Tenant will submit such invoice to Landlord for prompt payment, and if not paid to Tenant within fifteen (15) days, Tenant may offset such cost of repair against the next installment of Fixed Rental and Additional Charges due under this Lease.
64.4 When used in this Article, the term ‘‘repairs” shall include replacements and substitutions of all property when necessary, of a quality, class and value at least equal to the property replaced or substituted.
64.5 Anything contained in this Lease to the contrary notwithstanding, Tenant acknowledges that it shall be Tenant’s responsibility to clean (subject to applicable legal requirements) the windows and window frames in the Premises, and any and all interior bathrooms within the Premises at Tenant’s sole cost and expense. Landlord shall be responsible for the repair and replacement of all windows (and shall replace same as necessary) unless, subject to Articles 51.4 and 51.5, the same is necessitated by the negligence or willful misconduct of Tenant, and, except as aforesaid, keep the windows leak free. Nothing contained herein shall obligate Tenant to make any structural repairs to the Premises except, subject to Articles 51.4 and 51.5, if caused by or resulting from the negligence or willful misconduct of Tenant, Tenant’s employees, contractors, invitees or licensees. Tenant acknowledges that it shall be Tenant’s responsibility to repair any leaks in the bathrooms or emanating through the windows or walls in the Premises. The obligation to repair any other leaks in the pipes servicing the Premises shall be that of Landlord, except if the same are caused by or resulting from the carelessness, omission, neglect or improper conduct of Tenant, Tenant’s employees, contractors, invitees or licensees.
Appears in 1 contract
Sources: Office Lease (PCI Media, Inc.)
Repairs. (a) The State Tenant shall take keep the Premises (including, without limitation, all Fixtures) in good care condition and, upon expiration or earlier termination of the Plaza Term, shall, subject to the terms and the Demised Premisesconditions of Section 5.03(d) herein, and shall make all repairs necessary to put and keep surrender the same in good order and condition, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises Landlord in the same condition existing at the Commencement Dateas when first occupied, reasonable wear and tear and damage by fire or other casualty excepted. Tenant's obligation shall include, without limitation, the Lessee will do so obligation to repair all damage caused by submitting a TAR Tenant, its agents, employees, invitees and licensees to the Lessor equipment and other installations in the Premises or anywhere in the Building, subject to Section 8.03. Any maintenance, repair or replacement to the windows (including, without limitation, 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 (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, including all Major Building Equipment servicing the Premises, in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located standards that are customarily followed in the Demised Premises, operation and shall make all repairs, replacements or maintenance necessary to put and keep of First-Class Office Buildings (as defined in the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to ▇▇▇▇▇▇▇▇▇) (the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense"Standard").
(c) Without limiting the generality Landlord shall use reasonable efforts to minimize interference with Tenant's use and occupancy of the foregoingPremises in making any repairs, alterations, additions or improvements to the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee Building or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises cleaning and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, maintenance thereof; provided, however, that such repairLandlord 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, alterationexcept that Landlord, replacementat 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, construction or access shall not unreasonably interfere with the Use precludes Tenant from conducting its business from more than thirty percent (30%) of the Demised Premises by the Lessee.
(d) Premises. In the event that any property of the Lessee all other cases, at Tenant's request, Landlord shall obstruct the access of the State, its employees, agents employ contractors or contractors to any of the existing labor at so-called overtime or future Utility, Mechanical, Electrical, Communication other premium pay rates and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of incur any other person located therein overtime costs or thereon. Howeverexpenses in making any repairs, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Actalterations, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction additions or improvements to the extent attributable 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 negligence of difference between the State overtime or of its officers or employees when acting within the course other premium pay and scope of their employment with respect to this sectionstraight time pay.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Credit Suisse First Boston Usa Inc)
Repairs. The Landlord shall, subject to the provisions of (aS)6 aforesaid and the third paragraph of this section, and during the term of the Lease, maintain and make all necessary repairs and replacements of a capital nature to the roof, foundations, beams, girders, and other structural elements of the Building, including parking lots and walkways, all other common areas and facilities and exterior walls of the Premises only (exclusive of signs which may be installed by the Tenant). However, the Landlord shall have no obligation to repair any damage resulting directly from negligent acts of the Tenant, its agents, employees, contractors, and invitees unless covered by Landlord's insurance policy. The Landlord shall be responsible for ordinary repairs to the roof so that the roof is maintained in the same condition as exists on the Commencement Date of the Lease. However, should the Tenant install any equipment on the roof which penetrates the membrane, as a consequence of which, damage to the roof is caused, the Tenant shall be liable to repair any such damage caused by installation of its equipment. In connection herewith, the Landlord represents (i) The State Property shall take good care be maintained consistent with generally accepted practices associated with a first class research and development building, (ii) it shall provide snow plowing for the parking areas, (iii) it shall remove snow and ice from walkways and (iv) it shall provide landscaping services so that the Property is maintained in a neat and clean condition. From and after the commencement of and during the Plaza and Term, the Demised Premises, and shall make all repairs necessary to put and keep the same in good order and conditionTenant shall, at its own cost and expense, except that repairs that are necessary due to the negligence or willful misconduct of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension or holdover thereof, if the Lessee wants to have any : make all other non-structural repairs, improvementsinterior and exterior, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done necessary to keep the Demised Premises Premises, including all electrical, mechanical, heating, ventilating and air conditioning (including any roof top unit), plumbing (other than in common areas) and other building systems [excluding sewer and gas systems, common building systems and all capital repairs and replacements] serving the condition existing Premises, in as good condition, order and repair as the same are at the Commencement Datecommencement of the Term or thereafter may be put, reasonable wear and tear excepteduse, damage by fire or other casualty caused by the Lessee will do so by submitting a TAR to Landlord and repairs which are expressly the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct obligation of the Lessee, its employees, agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
Landlord hereunder only excepted (c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, providedit being understood, however, that such repair, alteration, replacement, construction or access the foregoing exception for reasonable wear and use shall not unreasonably interfere with relieve the Use Tenant from the obligation to keep the Premises in good order, repair and condition). Landlord shall be responsible for all replacements of a capital nature to the existing base building air conditioning and other existing base building systems. Notwithstanding the same, the Tenant shall be liable to pay the Landlord the cost of such replacements according to the following: The Tenant shall be assessed for the capital improvements described aforesaid based on an amortization calculated at the useful life of that improvement. Thereupon, the Tenant shall pay to the Landlord, as Additional Rent under (S)6, each month during the remaining Term of the Demised Premises Lease a portion of said cost, based upon said amortization period. As an example, if a replacement of a capital nature to the air conditioning or other building systems is made at the conclusion of the third (3rd) Year of the Term as defined in (S)4, the Tenant would be required to reimburse the Landlord with interest at the rate of Ten (10%) percent, the cost incurred for the replacement of the applicable system, calculated at the useful life of the improvement, for each month during the remainder of the Term or Option 1 and Option 2, if applicable under (S)29 hereafter. In no event, however, shall the Tenant be assessed a reimbursement to the Landlord for the costs of the replacements for the air conditioning and other building systems beyond the Term of the Lease or applicable Option period. Notwithstanding anything to the contrary as contained in this Paragraph, the Landlord shall be solely and exclusively liable for all repairs and replacements which are capital in nature, subject to reimbursement by the Lessee.
tenant as provided for above. If the Landlord shall fail to cure any default by the Landlord in its obligations under this (dS)10, within thirty (30) In days after notice from the Tenant to the Landlord of such default (or, in the event that of imminent danger of injury to persons or damage to property, immediately after telephone notice of such default) or to commence such cure and diligently prosecute the same to completion, in the absence of any property Terminable Default on the part of the Lessee shall obstruct Tenant hereunder, the access of Tenant may, at its option, cure for the StateLandlord's account such default as was specified in such notice, its employees, agents or contractors to any of in which event the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of Tenant may offset against the Basic Rent next accruing under this Lease, cumulatively until exhausted, the reasonable costs and thus expenses it can demonstrate were incurred in good faith in the cure of such default plus interest thereon at the Lease Interest Rate, but in no event shall interfere with the inspection, maintenance, repair or modification of any such systems, offset reduce the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession amount of the Demised Premises and the State shall not Basic Rent payable in any event be liable month below the amount from time to time necessary for the Landlord to make payment of principal, interest and other expenses payable under any injury first mortgage perfected against the Premises, including any real estate taxes or damage to any property other expenses which are or to any person happening on or about could become a lien upon the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. HoweverPremises, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction except to the extent attributable to the negligence of the State or of its officers or employees when acting within the course such taxes and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done other expenses are actually paid by the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lessee, in accordance with Section 23(d) of this LeaseTenant.
Appears in 1 contract
Sources: Lease (Avici Systems Inc)
Repairs. (a) The State Tenant shall take good care of the Plaza premises and the Demised Premisesfixtures, appurtenances, equipment and facilities therein and shall make make, as and when needed, all repairs necessary in and about the premises required to put and keep the same them in good order and condition; such repairs to be equal in quality to the original work, provided that the Tenant shall not be obligated for structural or exterior repairs to the building or for repairs to the systems and facilities of the building for the use or service of tenants generally (including the plumbing, heating and electrical systems), other than fixtures, appurtenances, equipment and facilities located in and serving the premises, except where structural or exterior repairs or repairs to such systems and facilities are made necessary by reason of one or more of the occurrences described below in clauses (i) through (iv) of this Article THIRD (a). Should the Tenant fail to repair any such condition in or about the premises or the fixtures, appurtenances, equipment and facilities therein which is of such a nature that its neglect would be reasonably likely to result in damage or danger to the building, its fixtures, appurtenances, facilities and equipment, or to its occupants (of which nature the Landlord shall be the sole judge) or, in the case of repairs of any other nature, should the Tenant have failed to make the required repairs or to have begun, in good faith, the work necessary to make them within ten days after notice from the Landlord of the condition requiring repair, then in either case, the Landlord may (but shall have no obligation to) immediately enter the premises and make the required repairs at the expense of the Tenant. The Landlord may (but shall have no obligation to) make, at the expense of the Tenant, any repairs to the building or to its own cost and expensefixtures, except that repairs that appurtenances, facilities or equipment, whether of a structural or any other nature, which are necessary required by reason of damage or injury due (i) to the negligence or willful misconduct the improper acts of the Lessee, its Tenant or Tenant’s employees, agents, invitees or contractors, shall be performed by licensees or visitors; (ii) to the Statemoving, at the Lessee’s sole cost and expense. During the Term of this Lease, and any renewal, extension into or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications out of the State) done building, of property being delivered to keep or taken from the Demised Premises in the condition existing at the Commencement Datepremises by Tenant, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on the TAR. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct of the Lessee, its employees, Tenant’s agents, invitees or contractors, shall be performed by the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have licensees or visitors; (iii) to the rightinstallation, for the benefit repair or removal of the Lessee property of the Tenant in the premises by Tenant or Tenant’s agents, employees, contractors, licensees or visitors; or (iv) to the faulty operation of any machinery, equipment, or facility installed in the premises by or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, Tenant (provided, however, that such repair, alteration, replacement, construction or access the Landlord shall not unreasonably interfere with be responsible to correct the Use faulty installation of any equipment installed in the Demised Premises premises by the Lessee.
(d) In Landlord). The Tenant ▇▇▇▇ pay the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication actual and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification reasonable cost of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested repairs made by the State, in order that access may be had Landlord pursuant to the system or part thereof for its inspection, maintenance, repairthis paragraph upon presentation of bills therefor, or modification.
(e) Notwithstanding the foregoing, the Lessee is and shall be in exclusive control and possession of the Demised Premises and the State shall not in any event be liable for any injury or damage to any property or to any person happening on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done by the StateLandlord may, at its option, add such amounts to any installment or installments of rent due under this lease and collect the same as additional rent. The liability of the Tenant under this Article THIRD shall survive the expiration or other termination of this lease. Except for the repairs which are the Tenant’s obligations under the first sentence of this Article THIRD (a), the Landlord, at Landlord’s cost and expense, except that will, upon notice of the Lessee shallneed therefor, at its sole cost make the repairs required and expense, perform all repairs, structural repairs and repairs maintenance necessary to keep the building systems of the Demised Premises, involving improvements, additions and its fixtures, finishes appurtenances, facilities, equipment and decorations made or installed by systems (including the Lesseeplumbing, heating and electrical systems) in accordance with Section 23(d) of this Leasegood working order.
Appears in 1 contract
Sources: Sublease Agreement (Criteo S.A.)
Repairs. (a) The State A. Except as otherwise set forth herein, Lessee shall take good care of be responsible for all maintenance to the Plaza Premises and the Demised Premisesat Lessee's sole expense, and shall make all repairs necessary or appropriate repairs, replacements (except for the air conditioning components [but not any heating component] of warehouse air-conditioning units), renewals, and additions, interior and exterior, structural (not arising from the act or neglect of Lessee, its agents, servants, and business visitors) and non-structural, ordinary and extraordinary, foreseen and unforeseen, required to put keep and keep maintain the same Premises and all Systems (as hereinafter defined), equipment and apparatus appurtenant thereto or used in connection therewith in good order and conditioncondition including but not limited to lawn and shrub trimming, cutting and maintenance, and parking lot and driveway repair, replacement, maintenance, cleaning and snow and ice removal. Lessor shall be responsible only for maintenance to the roof and structural (defined as "load bearing elements and the exterior surface of exterior curtain walls") portions of the Building, not arising from the act or neglect of Lessee, its agents; servants, and business visitors; in accordance with the provisions of subparagraph B hereof. Pertaining to Lessee's responsibility to maintain the heating, air-conditioning, plumbing, electrical and sprinkler systems of the Premises ("Systems"), in addition to all required repairs and replacements, Lessee agrees that it shall, to the extent generally available, at its cost and expense, enter into a service contract or contracts with responsible service companies providing for at least two (2) semi-annual periodic inspections, and complete maintenance of all air-conditioning units, only including all necessary parts and labor, commencing upon the Lease Commencement Date, which contract or contracts shall continue during the term of this Lease and any renewal thereof and will be subject to the approval of Lessor, which Lessor agrees not to unreasonably withhold. A copy of said service contract shall be deposited with Lessor prior to the Lease Commencement Date and said contract must provide for at least fifteen (15) days' notice to Lessor prior to cancellation thereof. True and correct copies of all inspection reports received from the service contractor shall be furnished to Lessor no later than ten (10) days after receipt of same.
B. Upon receipt of written notice from Lessee, Lessor agrees to proceed with due diligence to repair at its own cost and expense, except that any leaks in the roof, or make any repairs that are necessary due to the negligence or willful misconduct structural portions of the Building, provided such repairs are not necessitated by any act or neglect on the part of Lessee, its employees, agents, invitees servants or contractorsbusiness visitors. In no event, however, shall Lessor be performed liable to Lessee for damages, including consequential damages, for any loss or damage sustained by Lessee due to, or alleged to be due to, failure to make such repairs in a timely or proper manner. In the Stateevent Lessor fails to make said repairs within a reasonable time and in a proper manner, after notice by Lessee, Lessee may proceed to effect said repairs and Lessor shall repay Lessee the reasonable costs of said repairs, together with interest to the date of payment at a rate per annum equal to five hundred (500) basis points above the Lessee’s sole cost and expense. During prime interest rate (Prime + 5%) of First Union National Bank, Philadelphia, Pennsylvania, or its successor, in effect during the Term period said payment is due, but Lessee may not set off the amount of such costs against any rent due to Lessor pursuant to the terms of this Lease. Provided, however, that within ten (10) days of receipt of any such bill for repairs, Lessor may s▇▇▇▇t the questions of the reasonableness of said bills and/or Lessor's responsibility to pay for same to arbitration before the American Arbitration Association in Philadelphia, Pennsylvania, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on rules and regulations of the TARAmerican Arbitration Association in Philadelphia, Pennsylvania. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct decision of the Lessee, its employees, agents, invitees or contractors, arbitrators shall be performed by final and binding upon the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is parties and shall be in exclusive control unappealable. The cost of arbitration, as well as the reasonable counsel fees and possession costs of the Demised Premises prevailing party shall be borne by the non-prevailing party.
C. Any repairs, replacements, renewals and the State shall not in additions, and any event be liable for any injury labor performed or damage to any property or to any person happening materials furnished in, on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done performed and furnished by Lessee and/or Lessor, as the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lesseecase may be, in accordance strict compliance with Section 23(d) all applicable laws, regulations, ordinances and requirements of this Leaseall duly constituted municipal authorities or other governmental bodies having jurisdiction over the Premises and the requirements of any board of underwriters having jurisdiction thereof.
Appears in 1 contract
Sources: Lease Agreement (Dataram Corp)
Repairs. (a) The State A. Except as otherwise set forth herein, Lessee shall take good care of be responsible for all maintenance to the Plaza Premises and the Demised Premisesat Lessee's sole expense, and shall make all repairs necessary or appropriate repairs, replacements, renewals, and additions, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen and unforeseen, required to put keep and keep maintain the same Premises and all systems, equipment and apparatus appurtenant thereto or used in connection therewith in good order and condition. Lessor shall be responsible only for maintenance to the roof and structural portions of the Building, not arising from the act or neglect of Lessee, its agents, servants, and business visitors, in accordance with the provisions of subparagraph B hereof. Pertaining to Lessee's responsibility to maintain the heating, air-conditioning and sprinkler systems of the Premises, Lessee agrees that it shall, to the extent generally available, at its cost and expense, enter into a service contract or contracts with responsible service companies providing for at least two (2) semi-annual periodic inspections, and complete maintenance including all necessary parts and labor, commencing upon the Lease Commencement Date, which contract or contracts shall continue during the term of this Lease and any renewal thereof and will be subject to the approval of Lessor, which Lessor agrees not to unreasonably withhold. A copy of said service contract shall be deposited with Lessor prior to the Lease Commencement Date and said contract must provide for at least fifteen (15) days' notice to Lessor prior to cancellation thereof. True and correct copies of all inspection reports received from the service contractor shall be furnished to Lessor no later than ten (10) days after receipt of same.
B. Upon receipt of written notice from Lessee, Lessor agrees to proceed with due diligence to repair at its own cost and expense, except that any leaks in the roof, or make any repairs that are necessary due to the negligence or willful misconduct structural portions of the Building, provided such repairs are not necessitated by any act or neglect on the part of Lessee, its employees, agents, invitees servants or contractorsbusiness visitors. In no event, however, shall Lessor be performed liable to Lessee for damages, including consequential damages, for any loss or damage sustained by Lessee due to, or alleged to be due to, failure to make such repairs in a timely or proper manner. In the Stateevent Lessor fails to make said repairs within a reasonable time and in a proper manner, at after notice by Lessee, Lessee may proceed to effect said repairs and Lessor shall repay Lessee the Lessee’s sole cost and expense. During reasonable costs of said repairs, but Lessee may not set off the Term amount of such costs against any rent due to Lessor pursuant to the terms of this Lease. Provided, however, that within ten (10) days of receipt of any such ▇▇▇▇ for repairs, Lessor may submit the questions of the reasonableness of said bills and/or Lessor's responsibility to pay for same to arbitration before the American Arbitration Association in Philadelphia, Pennsylvania, and any renewal, extension or holdover thereof, if the Lessee wants to have any repairs, improvements, additions, replacements, rebuilding or painting (through the use of paint that meets the specifications of the State) done to keep the Demised Premises in the condition existing at the Commencement Date, reasonable wear and tear excepted, the Lessee will do so by submitting a TAR to the Lessor in accordance with the directions on rules and regulations of the TARAmerican Arbitration Association in Philadelphia, Pennsylvania. The State shall then, in its sole discretion, and at its sole cost and expense, determine if work will be done, and cause the same to be performed in a timely manner.
(b) The State shall take good care of all fixed and non-fixed equipment and fixtures, as listed on Schedule B attached to this Lease, located in the Demised Premises, and shall make all repairs, replacements or maintenance necessary to put and keep the same in good order and condition, at its sole cost and expense, except that repairs, replacements or maintenance that are necessary due to the negligence or willful misconduct decision of the Lessee, its employees, agents, invitees or contractors, arbitrators shall be performed by final and binding upon the State, at the Lessee’s sole cost and expense.
(c) Without limiting the generality of the foregoing, the State, by its officers, employees, representatives and contractors, shall have the right, for the benefit of the Lessee or for the benefit of others at the Building, to maintain initially existing and future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, or portions thereof in the Demised Premises and to enter the Demised Premises at all reasonable times upon reasonable advance notice, to make such repairs, alterations and replacements as may, in the reasonable opinion of the State, be deemed necessary or advisable and, from time to time, to construct or install over, in, under or through the Demised Premises new lines, pipes, mains, wires, conduits, equipment and other such encroachments and to use the Demised Premises for access to other portions of the Building not otherwise conveniently accessible, provided, however, that such repair, alteration, replacement, construction or access shall not unreasonably interfere with the Use of the Demised Premises by the Lessee.
(d) In the event that any property of the Lessee shall obstruct the access of the State, its employees, agents or contractors to any of the existing or future Utility, Mechanical, Electrical, Communication and Other Systems, as that term is defined in Section 1(f) of this Lease, and thus shall interfere with the inspection, maintenance, repair or modification of any such systems, the Lessee shall use reasonable efforts to move such property as reasonably requested by the State, in order that access may be had to the system or part thereof for its inspection, maintenance, repair, or modification.
(e) Notwithstanding the foregoing, the Lessee is parties and shall be in exclusive control unappealable. The cost of arbitration shall be borne equally by the parties. Each party shall bear its own costs.
C. Any repairs, replacements, renewals and possession of the Demised Premises additions, and the State shall not in any event be liable for any injury labor performed or damage to any property or to any person happening materials furnished in, on or about the Demised Premises or for any injury or damage to the Demised Premises or any property of the Lessee or of any other person located therein or thereon. However, subject to the availability of lawful appropriations and consistent with Section 8 of the New York State Court of Claims Act, the State shall hold the Lessee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of its officers or employees when acting within the course and scope of their employment with respect to this section.
(f) Regardless of fault, all structural repairs and repairs to the building systems of the Plaza and the Demised Premises shall be done performed and furnished by Lessee and/or Lessor, as the State, at its cost and expense, except that the Lessee shall, at its sole cost and expense, perform all repairs, structural repairs and repairs to the building systems of the Demised Premises, involving improvements, additions and fixtures, finishes and decorations made or installed by the Lesseecase may be, in accordance strict compliance with Section 23(d) all applicable laws, regulations, ordinances and requirements of this Leaseall duly constituted municipal authorities or other governmental bodies having jurisdiction over the Premises and the requirements of any board of underwriters having jurisdiction thereof.
Appears in 1 contract
Sources: Lease Agreement (Photomedex Inc)