Common use of Repairs Clause in Contracts

Repairs. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from Tenant of the necessity thereof, Landlord will repair the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlord.

Appears in 1 contract

Sources: Industrial Lease Agreement (Back Yard Burgers Inc)

Repairs. Except as otherwise provided 9.1 Tenant shall keep the Premises (including the electrical, plumbing, heating, life safety, ventilation and air conditioning systems, the roof membrane, the elevator cabs and equipment (including shafts), the Leasehold Improvements, the Premises Improvements and any Alterations whether or not installed by or for Tenant) that are not the obligation of Landlord to maintain hereunder in this Leasegood order and in a safe, within a reasonable time after Landlord receives written notice from Tenant of neat and clean condition. Notwithstanding the necessity thereofforegoing, Landlord will repair the roofagrees, structural portions if requested by Tenant, to assign to Tenant (without recourse or, if not assignable, to make good faith diligent efforts to enforce on Tenant’s behalf, provided Landlord shall not be required to incur out of pocket costs) any warranties and exterior other rights Landlord may have against any third party related to elements of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are hereunder while reserving to itself the right to enforce such warranties and rights following the termination of this Lease and with respect to those elements that Landlord is required to maintain hereunder. Tenant hereby indemnifies and holds Landlord harmless from any cost, damage or loss due to Tenant’s acts or omissions with respect to such warranties and rights. Notwithstanding anything to the contrary contained herein, in the event that any of the roof membrane, window seals and glass systems, core building heating, ventilation and air conditioning system, supplemental heating, ventilation and air conditioning systems existing as of the result Effective Date, core building electrical service system, core building plumbing, back-up generators existing as of repairsthe Effective Date (the “Generators”), alterationsUPS system and UPS batteries and the elevator systems and the two approximately 5,000 gallon underground diesel storage tanks and any other storage tanks (collectively, other improvements or installations made by Tenant or any occupant of the “Storage Tanks”) servicing the Premises or the agents Project (collectively, the “Core Building Systems”) require replacement, rather than repair and maintenance (other than as a result of any improper maintenance, misuse or abuse by Tenant), upon Tenant’s request therefor, Landlord shall replace such Core Building System and the cost of themsuch replacement shall be an Operating Cost, subject to the terms set forth in the definition of Operating Costs with respect to such Core Building Systems. All maintenance, maintenance and repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting performed in a good and decorating workmanlike manner and in accordance with the alteration provisions of Article 10. In addition, except as provided in Sections 9.2, 9.3 and 9.4, Tenant shall, at, its expense and pursuant to the Premises. Tenant will maintain terms and keep in good condition conditions of this Lease, promptly and adequately repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shallreplace or repair all damaged, broken, or worn elements of the Premises that are not Landlord’s obligation to maintain pursuant to Sections 9.2, 9.3 and 9.4 below, excepting ordinary wear and tear and subject to the terms of Articles 15 and 16 below. Notwithstanding anything to the contrary contained herein, at Landlord’s option, if Tenant fails to commence to maintain the Premises or make repairs and replacements as required under this Section 9.1 within thirty (30) days following written notice to Tenant from Landlord (except in the case of an emergency, when no such notice shall be required) and thereafter diligently and continuously complete such maintenance, repairs or replacements, Landlord may deliver a second notice to Tenant, which notice shall be captioned in all capital letters “FAILURE TO RESPOND MAY RESULT IN LANDLORD COMMENCING REPAIRS”. If Tenant fails to commence such repairs within five (5) business days following such a second notice, Landlord may, but need not, perform such maintenance or make such repairs and replacements, and Tenant shall pay Landlord the cost Landlord incurred in connection therewith, within thirty (30) days after Landlord’s written demand. 9.2 Subject to the provisions of Article 15 and Article 16, Landlord shall maintain, repair and replace, at its sole cost and expense, abat▇ ▇▇▇ nuisance uponand not as an Operating Cost, the structural elements of the Project consisting of the foundations, roof structures, column beams, load bearing and exterior walls and structural elements of the Buildings and the foundations, column beams, load bearing walls and structural elements of the Underground Parking Areas and any future multi-floor parking structure on the Project. Except as set forth in the immediately preceding sentence and subject to the limitations set forth in the definitions concerning capital improvements and structural elements, in addition to Landlord’s obligations with respect to Core Building Systems as set forth in Section 9.1 above, Landlord shall maintain and repair the Common Areas of the Project, Storage Tanks and Generators, the cost of which shall be reimbursed as an Operating Cost. Upon written notice to Landlord, Tenant may elect to maintain, at its own cost and expense, those Generators serving solely the Premises. 9.3 Landlord agrees to deliver the Premises to Tenant on the Commencement Date in a “broom clean” condition with the Core Building Systems in good working order and repair and the Premises watertight (the “Delivery Condition”). Tenant shall inform Landlord in writing of all failures of the Delivery Conditions discovered by Tenant promptly following discovery thereof. Any claim based on a failure of a Delivery Condition must be asserted in a written notice by Tenant to Landlord given before the one hundred eightieth (180th) day following the Commencement Date hereof (the “Warranty Date”), and, if not asserted in writing before the Warranty Date, from and after the Warranty Date such claim shall be void and of no force or effect. Notwithstanding anything to the contrary contained herein, Tenant acknowledges and agrees that Landlord’s sole liability with respect to any failure of a Delivery Condition shall be (i) to cause the Premises to be placed in the Delivery Condition, or emanating from(ii) for the cost thereof pursuant to the next proceeding sentence. If Landlord fails to commence correcting any failure of a Delivery Condition within thirty (30) days after receipt of notice from Tenant given on or before the Warranty Date, Tenant shall have the right, but not the obligation, to perform such work and charge Landlord the reasonable cost therefore, which Landlord shall pay within thirty (30) days of receipt of the invoice. Except as expressly set forth herein, Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. 9.4 Landlord represents and warrants to Tenant that if based upon current interpretations of Requirements as of the Commencement Date, the Premises (exclusive of furniture and equipment) fail to comply with Requirements, including, without limitation, the Americans with Disabilities Act (the “ADA”), Landlord will be solely responsible, at its cost, and not as an Operating Cost, to correct such violation of the Requirements. Notwithstanding the foregoing, Tenant shall be responsible for the cost of compliance with Requirements triggered by Tenant’s particular use of the Premises, keep Tenant’s construction or alteration thereof, Tenant’s breach of this Lease or future interpretations of or changes to Requirements to the extent that such compliance would not otherwise be Landlord’s obligation under the terms of Sections 9.2 or 9.3 above; provided, in no event shall Tenant be responsible for any alterations to the Premises neat, clean and in orderly and sanitary condition free that are Landlord’s obligation to perform under the terms of offensive odors, vermin, rodents, bugs insects and other pestsSection 9.2 above. Tenant shall keep inform Landlord in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies writing of all maintenance and service records breaches of Requirements that are Landlord’s obligation to Landlordcorrect that are discovered by Tenant promptly following discovery thereof. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access Notwithstanding anything to the roof contrary contained herein, Tenant acknowledges and agrees that Landlord shall not be liable for the purpose of implementation of any repairs or improvements. damages incurred by Tenant shall in no event perforate or do any work on or affecting the roof due to a failure of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordto comply with Requirements as the Requirements are interpreted as of the date of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Hyperion Solutions Corp)

Repairs. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from Tenant of the necessity thereof, Landlord will repair the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of The Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenantshall, at Tenant's expenseits cost, shall make maintain, repair and keep the Premises, including all repairs appurtenances, equipment and replacements to keep fixtures including locks, all doors, including glass doors and maintain the interior of windows, window frames, hot water tanks, plumbing fixtures, metal bar grid, ceiling tiles, lighting fixtures, electrical, plumbing and HVAC systems within the Premises in good condition order and repairrepair as a careful tenant would do and shall be solely responsible for landscaping, includingsecurity, but not limited tojanitorial services, garbage pickup and any service or facility needed in the course of the Tenant's business, the heating, electrical, air conditioning Landlord being responsible only to maintain and repair the structural elements of the Building and the Building envelope (whether located within or without excluding the Premisesroof to the extent of the Tenant's responsibilities set out in section 9.01(c)), sprinkler at the Landlord's cost and other mechanical installations serving to maintain and repair the Premisesparking areas at the Tenant's cost, unless otherwise specifically set out to the contrary in this Lease. The Tenant is responsible for damage to the Premises caused by its employees, licensees, invitees, customers or agents. (b) Without limiting the foregoing, the plumbing Tenant shall as a careful tenant would do, at its cost, be solely responsible to maintain, repair and sewer replace the HVAC systems serving the Premises, and covenants to enter into and comply with a contract for regular maintenance (of no less than four times per year) and the exterior Tenant will provide promptly upon receipt a copy of such quarterly maintenance reports to the Landlord and interior portions of all doors including door checks such contract will be on terms and hardware, with a service contractor reasonably satisfactory to the Landlord and all windows, frames and glass; and the Tenant shall promptly replace all broken provide copies of such maintenance contract to the Landlord in advance of entering into same, such contract not to be terminated or amended without the Landlord's prior reasonable approval, such approval not to be unreasonably withheld or delayed. (c) Without limiting the foregoing, the Tenant shall as a careful tenant would do, at its cost, be solely responsible to maintain and cracked glassrepair the roof and the roof membrane of the Building. Any replacements Tenant is required to make under this Lease shall be If the roof should need replacement before the end of equal the Term or better qualityany renewal, type and style as the item being replaced. Tenant Landlord shall be responsible for all painting and decorating completing such replacement at its cost, provided that the Tenant shall pay as part of Operating Costs for each remaining year of the Premises. Term or any renewal a proportionate share of the cost of such replacement based on the replacement cost amortised over the useful life of the roof, unless the need for replacement results from the failure of the Tenant will to properly maintain and keep the roof, in good condition and repair all structural and exterior work done or installed by Tenant. which case the Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof be solely responsible for the purpose cost of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordsuch replacement.

Appears in 1 contract

Sources: Lease Agreement (Abgenix Inc)

Repairs. 9.01. Except for ordinary wear and tear and except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from Tenant of the necessity thereofSection 9.02, Landlord will repair the roof, structural portions shall perform all maintenance and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Premises (including the Leasehold Improvements). Tenant shall pay to Landlord the actual cost (including a fee equal to five percent (5%) of actual costs to cover a fee for Landlord's is required to maintain which are required as ’s agent or manager) for (a) all maintenance, repairs and replacements within the result of repairs, alterationsPremises (including the Leasehold Improvements), other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All than maintenance, repairs and replacements to any Building system or component within the Premises not specifically Building core serving the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make tenants in the Building (“Central Systems”) located within the Premises; or (b) all repairs and replacements necessitated by damage to the Project (including the Building structure and the Central Systems) caused by the gross negligence or willful misconduct of Tenant or its agents, contractors, invitees and licensees. Amounts payable by Tenant pursuant to this Section 9.01 shall be payable on demand after receipt of an invoice therefor from Landlord. Landlord has no obligation and has made no promise to maintain, alter, remodel, improve, repair, decorate, or paint the Premises or any part thereof, except as specifically set forth in this Lease. In no event shall Landlord have any obligation to maintain, repair or replace any furniture, furnishings, fixtures or personal property of Tenant. 9.02. Tenant shall keep the Premises (including the Leasehold Improvements) in good order and maintain in a safe, neat and clean condition. No representations respecting the interior condition of the Premises or the Building or the other portions of the Project have been made by Landlord to Tenant except as specifically set forth in this Lease. Except as provided in Section 10.01 or specifically consented to by Landlord, Tenant shall not perform any maintenance or repair work or make any replacement in or to the Premises (including the Leasehold Improvements), and any branch of a Central System serving the Premises (“Branch System”), but rather shall promptly notify Landlord of the need for such maintenance, repair or replacement so that Landlord may proceed to perform the same. In the event Landlord specifically consents to the performance of any maintenance or the making of any repairs or replacements by Tenant and Tenant fails to promptly commence and diligently pursue the performance of such maintenance or the making of such repairs or replacements, then Landlord, at its option, may perform such maintenance or make such repairs and Tenant shall reimburse Landlord, on demand after Tenant receives an invoice therefor, the cost thereof plus fifteen percent (15%) of the actual costs to cover a fee for Landlord’s agent or manager. 9.03. All repairs made by Tenant pursuant to Section 9.02 shall be performed in a good and workmanlike manner by contractors or other repair personnel selected by Tenant and approved by Landlord, which approval shall not be unreasonably withheld or delayed; provided, however, that neither Tenant nor its contractors or repair personnel shall be permitted to do any work affecting the Central Systems of the Building. 9.04. Subject to the other provisions of this Lease imposing obligations regarding repair upon Tenant, Landlord shall maintain, throughout the Term of this Lease and any extensions thereof, in good condition and repairworking order the Common Areas of the Project, includingas well as the structural, but not limited to, the heatingmechanical, electrical, air conditioning (whether located within or without plumbing, fire/life/safety, and any other systems of the Premises)Building, sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, including the exterior and interior portions structure, which do not comprise a part of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shallare not leased to others. Said normal maintenance and repair shall be included as a component of Operating Costs, provided that Landlord shall be responsible, at its sole cost and expense, abat▇ ▇▇▇ nuisance uponfor all capital repairs, or emanating from, the Premises, keep the Premises neat, clean replacements and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access improvements to the roof for Building and the purpose of implementation of any repairs or improvements. Tenant shall Project, other than those costs and expenses related to such capital improvements that are to be included in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by LandlordOperating Costs in accordance with Section 5.02(h) hereof.

Appears in 1 contract

Sources: Lease Agreement (Sigmatel Inc)

Repairs. Except Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, heating, ventilation (including exhaust) and air conditioning (“HVAC”), and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as otherwise provided in this Leasedishwashers, within a reasonable time after Landlord receives written notice from Tenant garbage disposals, and insta-hot dispensers), and the floor of the necessity Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord will repair the rooffor all overhead, structural portions general conditions, fees and exterior of other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems and utility services serving the Premises (exclusive to the extent serving Tenant exclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of doorssuch systems. Notwithstanding the foregoing, plate glass or entrances which Landlord shall be maintained responsible for repairs to the exterior walls, foundation and repaired by roof (including roof membrane) of the Building, gutter, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas (to the extent not serving Tenant exclusively), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant); provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, not Landlord, Landlord shall nevertheless make such repairs at Tenant's sole cost and expense make all repairs and replacements necessitated ’s expense, or, if covered by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contraryLandlord’s insurance, Tenant shall make all repairs and replacements only be obligated to pay any deductible in connection therewith. Subject to the property which Landlord's is terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to maintain which are required as the result of make such repairs, alterations, other improvements or installations made by Tenant or any occupant of additions to the Premises or the agents of any of them. All maintenance, repairs and replacements to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. For the three (3) HVAC units existing at the Premises on the Rent Commencement Date which are listed on Exhibit I and which are not specifically being replaced prior to or at the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior beginning of the Premises in good condition and repairTerm (the “Existing Units”) by Landlord, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, Landlord at its sole cost and expense, abat▇ ▇▇▇ nuisance uponshall be responsible for repairs or replacements to the Existing Units, not including routine maintenance or emanating fromthe costs of Tenant’s service agreement or damage caused by Tenant or Tenant’s employees, contractors or agents, which exceed $1,500.00 per unit per year as identified either through service calls from Tenant or as otherwise identified in the Premises, keep course of the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pestspreventative maintenance and/or inspections. Tenant shall keep in full force notify Landlord prior to performing such repairs and effect Landlord shall either permit Tenant’s vendor to perform the work at Landlord’s expense or Landlord shall contract for such work to be performed. If an Existing Unit needs to be replaced during the Term of this Lease (other than as a maintenance contract result of the negligent or willful acts or omissions of Tenant or its agents), then Landlord shall replace such Existing Unit with a reputable heating contractor providing new unit, using Building standard materials, and the cost thereof shall be paid by Landlord and thereafter Tenant shall reimburse to Landlord, as Additional Rent hereunder, the annual amortization (to the extent applicable to the remaining Term or any Option Term based upon the estimated useful life of the applicable Existing Unit that was replaced) of such cost in equal monthly installments on the first day of each month during the remaining Term or any Option Term. After any Existing Unit is replaced with a new unit, Tenant shall, at Tenant’s sole expense, be responsible for at least quarterly inspection all future repairs, replacement and maintenance for such replaced HVAC system for the remainder of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which Term as it may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordbe extended.

Appears in 1 contract

Sources: Lease Agreement (Braeburn Pharmaceuticals, Inc.)

Repairs. Except During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the Leased space. Repairs shall include such items as routine repairs of floors, walls, ceilings, and other parts of the Leased space damaged or worn through normal occupancy, except for major mechanical systems or the roof, subject to the obligations of the parties otherwise provided set forth in this Lease, within a reasonable time after Landlord receives written notice from Tenant of the necessity thereof, Landlord will repair the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall have the right, upon obtaining Landlord's written consent, to remodel, redecorate, and make all repairs additions, improvements and replacements of and to keep and maintain the interior all or any part of the Premises Leased space from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good condition quality materials. Tenant shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased space, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased space by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time during the term of this Lease provided that Tenant shall repair, includingat Tenant's expense, but not limited toall damage to the Leased space caused by such removal. Property Taxes Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special assessments coming due during the heating, electrical, air conditioning (whether located within or without Lease term on the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardwareLeased space, and all windowspersonal property taxes with respect to Landlord's personal property, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better qualityif any, type and style as on the item being replacedLeased space. Tenant shall be responsible for paying all painting and decorating of personal property taxes with respect to Tenant's personal property at the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by LandlordLeased space.

Appears in 1 contract

Sources: Commercial Lease Agreement

Repairs. Except as otherwise provided Landlord shall maintain in this Lease, within a reasonable time after Landlord receives written notice from Tenant first-class condition and operating order and keep in good repair and condition the structural portions of the necessity thereofBuilding, Landlord will repair including the rooffoundation, structural portions floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, parking areas, landscaping, exterior of the Premises (exclusive of doorsProject signage, plate glass or entrances which shall be maintained stairwells, elevator cab, men’s and repaired by Tenant); providedwomen’s washrooms, howeverBuilding mechanical, that Tenant, not Landlord, shall at Tenant's sole cost electrical and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Furthertelephone closets, and notwithstanding all common and public areas (collectively, “Building Structure”) and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the “Building Systems”) and the Project Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant’s use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, and/or (iii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to the property which Landlord's is required to maintain which are required as the result of make such repairs, alterations, other improvements or installations made by Tenant or any occupant of additions to the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may *** Confidential portions of this document have been redacted and filed separately with the Commission. be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord under this Lease shall be made by performed in a manner so as not to materially interfere with Tenant. Tenant’s use of, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited or access to, the heatingPremises; provided that, electricalwith respect to items (ii) and (iii) above, air conditioning (whether located within Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or without the Premises)access to, sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain hereby waives any and keep in good condition all rights under and repair all structural benefits of subsection 1 of Section 1932 and exterior work done Sections 1941 and 1942 of the California Civil Code or installed by Tenant. Tenant shall not permit under any wastesimilar law, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance uponstatute, or emanating from, the Premises, keep the Premises neat, clean and ordinance now or hereafter in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordeffect.

Appears in 1 contract

Sources: Office Lease (Bridgepoint Education Inc)

Repairs. Except as otherwise provided in this Lease(a) By entry hereunder, within a reasonable time after Landlord receives written notice from Tenant of the necessity thereof, Landlord will repair the roof, structural portions and exterior of accepts the Premises (exclusive of doorsas being in good and sanitary order, plate glass or entrances which shall be maintained condition and repaired by Tenant); provided, repair however, that Tenantpartial occupancy and rent commencement will not interfere with Landlord's obligation to complete Tenant Improvements. Tenant shall, not Landlordwhen and if needed or whenever requested by Landlord to do so, shall at Tenant's sole cost and expense expense, maintain and make all repairs to the Premises and replacements necessitated every part thereof, to keep, maintain and preserve the Premises in first class conditions, excepting ordinary wear and tear. Any such maintenance and repairs shall be performed by reason of (a) the neglect, fault or default of Tenant or TenantLandlord's agents, employees, contractors, inviteescontractor, or customers a Landlord's approved contractor or contractors. All costs and expenses incurred in such maintenance and repair shall be paid by Tenant within seven (b7) the structural and exterior work done days after billing by Landlord or installed by Tenantsuch contractor or contractors. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs upon the expiration or sooner termination of the term hereof surrender the Premises to Landlord in the same condition as when received, reasonable wear and replacements tear excepted. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant Premises or any occupant part thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the agents Building except as specifically herein set forth. (b) Anything contained in Subparagraph 15(a) above to the contrary notwithstanding, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord as additional rent, the reasonable cost of themsuch maintenance and repairs. All maintenanceLandlord shall not be liable for any failure to make any such repairs, or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs and replacements or maintenance is given to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Except as provided in Paragraph 22 hereof there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's expensebusiness arising from the making of any repairs, shall make all repairs and replacements alterations or improvements in or to keep and maintain the interior any portion of the Building or the Premises or in good condition or to fixtures, appurtenances and repairequipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, includingstatute or ordinance now or hereafter in effect. Notwithstanding anything to the contrary contained in Subparagraphs (a) and (b) of this Paragraph 15, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance uponand with maintenance contractors approved by Landlord, or emanating fromall non-base building facilities, the Premisesincluding lavatory, keep the Premises neatshower, clean toilet, washbasin and in orderly kitchen facilities and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving systems, including all plumbing connected to said facilities or systems installed by Tenant or on behalf of Tenant or existing in the Premises. Upon request Premises at the time of delivery of possession of the Premises to Tenant shall provide or require its contractor to provide copies of all maintenance and service records to by Landlord. Tenant The provisions of the immediately preceding sentence shall obtain approval from Landlord of its not apply to the basic heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access system provided by Landlord to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof all tenants of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by LandlordBuilding.

Appears in 1 contract

Sources: Lease Agreement (Synon Corp)

Repairs. Except as otherwise provided in this Lease14.0.1 Lessor shall be responsible for all repair to the roof, exterior, foundation and structural portions of the building not a result of any action or negligence on the part of the Tenant. The Lessor shall repair any roof leaks within a reasonable time seven (7) days after Landlord receives written receipt of notice from Tenant of the necessity thereof, Landlord will repair the roof, structural portions to Lessor. 14.0.2 Tenant shall keep and exterior of maintain the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost every part thereof clean and expense make all repairs in good order and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers condition and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements thereto and to each and every part thereof which may be necessary, required or desired. Without limiting the generality of the foregoing, Lessor shall establish a capital reserve account into which Lessor shall deposit $.50 per square foot of Tenants rent into said account. The capital reserve account shall be utilized in the sole discretion of Lessor to maintain or replace the heating, ventilating, and air conditioning system and any other capital improvements to the property which Landlord's is required Platinum Plaza Building or Common areas. 14.0.3 Tenant shall install and replace such signs, decorations, lettering, advertising matter and other things as may be approved by Lessor, said approval not to maintain which are required as the result of repairsbe unreasonably withheld, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep same in good condition and repair and in keeping with the image, character and standards as may be established from time to time by Lessor for the Premises and shall make such replacements as may be necessary. 14.0.4 In the event that Tenant shall fail, within thirty (30) days after notice in writing by Lessor, to make repairs or replacements to the Premises, the Improvements, the signs or any part thereof which may be necessary or required, Lessor may make the same and collect the costs thereof and expenses incurred in connection therewith, together with interest thereon at the then prevailing commercial rate from Tenant, by exercising all structural remedies provided by law and exterior provided herein for collection of rent. 14.0.5 In the event that the portion of the Premises which Tenant has agreed to maintain, if any, shall be damaged or destroyed as a result of fire, casualty or other occurrence, Tenant shall remove any resulting debris and repair or replace such damaged structure promptly, and if Tenant fails to commence required restoration work done within ninety (90) days from the date of such damage or installed destruction or fails to diligently proceed to complete the same, Lessor's remedy shall be the right and option to terminate the Term of this Lease by Tenant. giving Tenant written notice of Lessor's election to do so at any time prior to completion of the repairs or replacements if Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordthen be actively undertaking such restoration work.

Appears in 1 contract

Sources: Premises Lease Agreement (Centra Financial Holdings Inc)

Repairs. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from Tenant 11.a. By taking possession of the necessity thereofPremises, Landlord will repair the roof, structural portions and exterior of Tenant shall be deemed to have accepted the Premises (exclusive of doorsas being in good, plate glass or entrances which shall be maintained sanitary order, condition and repaired by Tenant); providedrepair and Tenant accepts same “as is”. Tenant shall, however, that Tenant, not Landlord, shall at Tenant's ’s sole cost and expense make all repairs expense, keep the Premises and replacements necessitated by reason every part thereof in substantially the same condition and repair as exists as of (a) the neglectCommencement Date, fault or default excepting ordinary wear and tear and Landlord’s repair obligations under the Lease. The foregoing maintenance and repair obligations of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the include all non-structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations facilities exclusively serving the Premises, including without limitation, all interior electrical and plumbing, all telephone, computer and electronic equipment and lines, carpeting and floor coverings, wall coverings, ceilings and ceiling tiles, paint, doors, locks, and repairs required as a result of forced entry of the Premises and interior lighting and fixtures. Tenant shall also be solely responsible for the repair and maintenance of all fixtures, furniture or equipment brought onto the Premises by Tenant. 11.b. Tenant understands that any required or requested services by Tenant (excluding normal and customary janitorial and security services to be provided by Landlord hereunder) by Building personnel at the Premises shall be at Landlord’s reasonable discretion and prior approval and at Tenant’s cost and expense. Landlord shall charge and ▇▇▇▇ Tenant for all such services, including materials, at rates determined by Landlord from time to time. Tenant shall pay for all such services promptly following receipt of Landlord’s invoice therefore. 11.c. Subject to the provisions of Section 22, Landlord shall repair and maintain the structural portions of the Building, the Common Areas, and the Parking Areas, including but not limited to main plumbing and sewer systems serving the Premisesutility lines, the exterior and interior portions of all doors including door checks and hardwareair conditioning, heating, and all windowselectrical systems, frames installed or furnished by Landlord, unless such maintenance and glass; and repairs are caused in part or in whole by the negligence of Tenant, its agents, servants, employees or invitees, in which case Tenant shall promptly replace all broken pay to Landlord the reasonable cost of such maintenance and cracked glassrepairs. Any replacements Tenant is required to make under this Lease shall be of equal or better qualityNotwithstanding the foregoing, type and style as the item being replaced. Tenant shall be responsible for maintaining and clearing all painting sewer and decorating plumbing lines connected to facilities or systems in the Premises, unless such obstructions shall occur in a building-wide main. 11.d. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time (but in no event less than 48 hours) after written notice of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done need of such repairs or installed maintenance is given to Landlord by Tenant. Tenant Except as provided in Section 22 hereof, there shall not permit be no abatement of rent and no liability of Landlord by reason of any waste, damage or injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenance and shallequipment therein. Except as provided in Section 23.d. of this Lease, Tenant waives the right to make repairs at its sole cost and expenseLandlord’s expense under any law, abat▇ ▇▇▇ nuisance upon, statute or emanating from, the Premises, keep the Premises neat, clean and ordinance now or hereafter in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordeffect.

Appears in 1 contract

Sources: Office Building Lease (ExactTarget, Inc.)

Repairs. Except as otherwise Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises or elsewhere exclusively serving the Premises, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided in this Leasehowever, that if Tenant fails to make such repairs within a reasonable time after applicable notice and cure periods, Landlord receives written notice from may, but need not, make such repairs and replacements, and Tenant of shall pay Landlord the necessity cost thereof, Landlord will repair including a management fee of 5% of such costs. Without limitation, Tenant shall be responsible for electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the roof, structural portions and exterior of Premises from the Building connection point to the Premises (exclusive to the extent serving Tenant exclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of doorssuch systems. Notwithstanding the foregoing, plate glass or entrances which Landlord shall be maintained responsible for repairs to the exterior walls, foundation and repaired by roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas (to the extent not serving Tenant exclusively), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant); provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, not Landlord, Landlord shall nevertheless make such repairs at Tenant's sole cost and expense make all repairs and replacements necessitated ’s expense, or, if covered by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contraryLandlord’s insurance, Tenant shall make all repairs and replacements only be obligated to pay any deductible in connection therewith. Subject to the property which Landlord's is terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to maintain which are required as the result of make such repairs, alterations, other improvements or installations made by Tenant or any occupant of additions to the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically Project or to any equipment located in the obligation Project as Landlord shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall comply with all reasonable and nondiscriminatory requirements of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of Tenant when accessing the Premises provided such requirements are intended, in good condition and repairfaith, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of protecting Tenant’s work, proprietary information and any repairs or improvementsother sensitive matter pertaining to Tenant’s Permitted Use. Tenant shall in no event perforate or do any work on or affecting the roof hereby waives and releases its right to make repairs at Landlord’s expense under Section 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling exclusively serving the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordfrom the Building’s network cabling.

Appears in 1 contract

Sources: Lease Agreement (Organovo Holdings, Inc.)

Repairs. Except (a) Landlord shall have no liability for completing any maintenance or repairs to the Premises, or the Common Areas, except as otherwise expressly provided to the contrary in this Lease, within a reasonable time after Landlord receives written notice from Tenant of . Notwithstanding anything to the necessity thereofcontrary contained herein, Landlord will repair shall not be obligated to perform any repairs which are Prime Landlord’s obligations under the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass Prime Lease or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated are required by reason of (a) the neglectacts, fault omissions or default negligence of Tenant Prime Landlord or Tenant's , or the agents, employees, contractors, invitees, invitees or customers and licensees of Prime Landlord or Tenant. (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease Except with respect to maintenance that is Prime Landlord’s responsibility pursuant to the contraryPrime Lease, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance uponcontinuously keep and maintain in good order, condition and repair the Premises and every part thereof, including but not limited to those Building systems or emanating fromcomponents thereof which exclusively serve the Premises. Tenant shall, at its sole cost and expense, repair all damage to the Premises, keep the Building, the Common Areas or the Property caused by the activities of Tenant, its employees, invitees or contractors promptly following written notice from Landlord or Prime Landlord to so repair such damages, subject to the waiver of subrogation set forth in Section 12 below. If Tenant fails to comply with any term or condition of this Section (9) beyond any applicable notice and cure period, either Prime Landlord or Landlord may, but need not, make such repairs and replacements or otherwise correct or cure such failure, and Tenant shall pay Prime Landlord or Landlord (as the case may be) the cost thereof, plus 10% of the cost thereof to reimburse it for all overhead, general conditions, fees and other costs or expenses arising from its involvement with such repairs, replacements, correction or cure forthwith upon being billed therefor. Prime Landlord and/or Landlord may, but shall not be required to, enter the Premises neatat all reasonable times upon reasonable notice (except in an emergency when no notice shall be required) to make such repairs, clean alterations, improvements and additions to the Premises or to the Building or to any equipment located in orderly and sanitary condition free of offensive odorsthe Building as Prime Landlord or Landlord (as the case may be) shall deem necessary or appropriate, vermin, rodents, bugs insects and other pestsor as Prime Landlord or Landlord (as the case may be) may be required to do by governmental authority or court order or decree. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance not be obligated to perform any repairs which are Prime Landlord’s obligations under the Prime Lease, are required by reason of the heating and air conditioning systesm serving willful acts or gross negligence of Landlord, or the Premises. Upon request Tenant shall provide agents employees, invitees or require its contractor to provide copies licensees of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlord.

Appears in 1 contract

Sources: Office Sublease (Ooma Inc)

Repairs. Except Tenant shall put, keep, repair and maintain the Leased ------- Premises and the fixtures and equipment therein at all times in a good, properly functioning, safe and sanitary condition and state of repair, reasonable wear and tear excepted, free of debris and other similar obstructions. Tenant shall allow Landlord access to the Leased Premises during all reasonable hours upon twenty-four (24) hours notice, except in the case of emergencies, to make repairs required to be made by Tenant which Tenant fails or refuses to make, and shall pay Landlord as otherwise provided in additional rent the cost of such repairs made for Tenant by Landlord. Subject to Tenant's obligation to pay Operating Expenses pursuant to Section 5 of this Lease, within a reasonable time after Landlord receives written notice from Tenant shall: i) make all necessary repairs to the outer walls, roof, and structural elements of the necessity thereofBuilding, Landlord will repair ii) keep the roofplumbing, structural portions sewage, heating, air conditioning, electrical and exterior ventilating systems of the Building not serving the Leased Premises (exclusive in good repair, ordinary wear and tear excepted, and iii) maintain and keep the common areas, grounds, walkways, driveways and parking areas in a neat and clean condition. Tenant shall pay for electrical lamps and ballasts used in the Leased Premises. Any cost of doorsrepairs, plate glass modifications, alterations or entrances improvements to the Building, the Leased Premises or the Project which shall be maintained and repaired are occasioned by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault negligence or default of Tenant or Tenant's agents, its officers, employees, contractors, agents or invitees, or customers by the requirements of law, ordinance or other governmental directive and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant arise out of the nature of Tenant's use and occupancy of the Leased Premises or the agents installations of any of them. All maintenance, repairs and replacements to Tenant in the Leased Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed paid solely by Tenant. Tenant shall will not suffer or permit any waste, damage waste or injury to the Leased Premises and shallwill, at its sole cost and expensethe expiration of the term of this Lease, abat▇ ▇▇▇ nuisance uponsurrender the same with all walls, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects floor coverings and other pests. Tenant shall keep components thereof in full force the same order and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection condition as on the Commencement Date, ordinary wear and maintenance tear, subsequent alterations or improvements consented to by Landlord as provided in Section 15 of the heating this Lease, and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor andcasualty damage covered by insurance, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordexcepted.

Appears in 1 contract

Sources: Lease Agreement (Vialog Corp)

Repairs. Except as otherwise provided in this Lease, within a reasonable time From and after Landlord receives written notice from Tenant the commencement of the necessity thereofTerm, the Landlord shall, at his own cost and expense, make all repairs necessary to keep the structural support elements (which term shall include the footings and foundations, floor slab, structural columns, planking beams, girders and roof of the Building) in structurally good condition, order and repair, excepting only any damage resulting from any acts and any omissions of the Tenant or its agents, contractors and employees, from fire or other casualty and from eminent domain takings. The Landlord shall also make all repairs to portions of the Premises which are otherwise the responsibility of the Tenant to repair if the same require repair by reason of the failure of elements of the Premises which are the responsibility of the Landlord and if such failure was in no way attributable to the act or omission of the Tenant, its agents, employees or contractors. The party from time to time having the responsibility for repair of any portion of the Premises shall have (and, to the extent necessary to effectuate this paragraph the Landlord hereby assigns to the Tenant) the benefit of all warranties and guarantees from manufacturers, suppliers and subcontractors whose products or services are or may be incorporated into the Premises; Landlord will separately assign to Tenant all such warranties and guaranties relating to portions of the Premises for which Tenant has the responsibility for repair and at the request of the Tenant, the Landlord will furnish the Tenant with original signed counterparts of any contracts for construction. Any repairs or replacements to the roof, structural portions parking area and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain HVAC system which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease capital in nature shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs the Landlord and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease cost shall be amortized over their useful life in accordance with generally accepted accounting principles at an interest rate of equal or better quality, type and style as the item being replaced8%. Tenant shall be responsible for all painting reimburse Landlord on a monthly basis as Additional Rent its pro rata share of such amortization of cost during its Term and decorating of the Premisesany extension. The Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole own cost and expense, abat▇ ▇▇▇ nuisance uponmake all other non-structural repairs, or emanating fromexterior and interior, necessary to keep the Premises, keep including the sidewalks, curbs, and driveways adjoining the Premises neatand all electrical, clean and in orderly and sanitary condition free of offensive odorsmechanical, verminsprinklers, rodentsplumbing, bugs insects heating, air conditioning and other pests. Tenant building systems serving the Premises in as good condition, order and repair as the same 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 fire or other casualty and from eminent domain takings, and shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of maintain all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof portions of the Premises without Landlord's prior written consent and if consented tothe sidewalks and driveways adjoining the same in a clean and orderly condition, shall only use contractors approved by Landlordfree of accumulations of dirt, rubbish, snow and ice.

Appears in 1 contract

Sources: Lease Agreement (Insulet Corp)

Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order and in a manner reasonably commensurate with the maintenance standards of owners of Comparable Buildings, the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas (collectively, the “Building Structure”), and the Base Building mechanical, electrical, life safety, plumbing and sprinkler systems installed or furnished by Landlord (collectively, the “Building Systems”). If such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from Tenant of the necessity thereof, Landlord will repair the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Subject to Landlord’s obligations set forth above, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, so long as the same is required of all other building occupants (including, without limitation, Zynga Inc.), Tenant shall, at Tenant’s own expense, but under the supervision and subject to the reasonable prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all reasonable overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements within thirty (30) days following Landlord’s delivery of an invoice for such cost. Subject to the property which Landlord's is provisions of Section 19.5.2 and Article 27, Landlord may, but shall not be required to, enter the Premises at all reasonable times to maintain which are required as the result of make such repairs, alterations, other improvements or installations made by Tenant or any occupant of additions to the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically Project or to any equipment located in the obligation of Project as Landlord under this Lease shall desire or deem necessary or as Landlord may be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease do by governmental or quasi-governmental authority or court order or decree. To the extent reasonably practical, Landlord shall be use commercially reasonable efforts to complete any repairs in a manner which does not materially, adversely affect Tenant’s use of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of access to the Premises. Tenant will maintain hereby waives and keep in good condition releases any and repair all structural rights under and exterior work done benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or installed by Tenant. Tenant shall not permit under any wastesimilar law, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance uponstatute, or emanating from, the Premises, keep the Premises neat, clean and ordinance now or hereafter in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordeffect.

Appears in 1 contract

Sources: Office Lease (Airbnb, Inc.)

Repairs. Except as otherwise provided Tenant shall put, keep, repair, replace and maintain the Leased Premises at all times in this Leasea good, neat, clean and sanitary condition and state of repair, reasonable wear and tear and damage caused by casualty excepted, free of debris and other similar obstructions, and shall repair and replace broken plate and window glass and damage caused by the negligence or intentional act of Tenant, its officers, employees and agents. Tenant shall allow Landlord access to the Leased Premises during all reasonable hours to make repairs required to be made by Tenant which Tenant fails or refuses to make, within a reasonable time after period of time, and shall pay Landlord receives written notice from as Additional Rent the cost of such repairs made for Tenant by Landlord, together with 15% of such costs. Subject to Tenants obligation to pay Operating Expenses pursuant to Section 5, Landlord shall make all necessary repairs to the outer walls, roof, and structural elements of the necessity thereofBuilding. Landlord shall keep the plumbing, Landlord will repair the roofsewage, structural portions heating, air conditioning, electrical and exterior ventilating systems of the Building in good repair, ordinary wear and tear and casualty damage covered by insurance excepted. Landlord shall maintain and keep the common areas, grounds, walkways, driveways, and parking areas in a neat and clean condition. Notwithstanding the foregoing, to the extent any cost of repairs or improvements to the Building, to the Leased Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired to any common areas are occasioned by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated or contributed to by reason of (a) the neglect, fault negligence or default of Tenant or Tenant's agents, its officers, employees, contractors, inviteesagents, or customers by requirements of law, ordinance or other governmental directive and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant arise out of the nature of Tenant's use and occupancy of the Leased Premises or the agents installations of any of them. All maintenance, repairs and replacements to Tenant in the Leased Premises not specifically the obligation of Landlord under this Lease shall be made paid for by Tenant. Tenant, at Tenant's expenseas Additional Rent hereunder, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordimmediately upon billing.

Appears in 1 contract

Sources: Lease Agreement (2nd Swing Inc)

Repairs. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from Tenant Landlord's sole responsibility for repair work is to keep the ------- roof and exterior walls of the necessity thereof, Landlord will repair building leak free and to make all structural repairs necessary to the roof, structural portions and roof or exterior walls of the building where the need for such structural repairs is not caused by any act or omission of the Tenant or the Tenant's agents, employees or invitees. "Structural repairs" means repairs necessary to keep the building from collapsing or sagging, or to prevent the Premises (exclusive from being condemned because of doors, plate glass or entrances which structural insufficiency. Landlord shall also be maintained responsible for maintaining and repaired by Tenant)repairing the Property and the major plumbing and utility service lines on the Property to the perimeter of the Premises; provided, however, that Tenant shall be responsible for repairs caused by the Tenant, not Landlordsuch as a plumbing clog. Tenant acknowledges that the Premises are in good condition and that all fixtures, shall equipment and appurtenances are I good working order, and agrees to maintain the Premises in the same condition, order and repair as they are at Tenant's sole cost tire commencement of this Lease, and expense agrees to make all repairs and replacements necessitated in and about the premises necessary to preserve them in good order and condition, which repairs and replacements made by reason Tenant shall be in equal quality and class to the original work. Tenant shall also maintain, repair and replace the air conditioning units serving the demised Premises. Tenant shall promptly pay the expense of (a) the neglectany such repairs. All additions, fault fixtures or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done Improvements which may be made or installed by Tenant. Further, except movable furniture and fixtures, shall become the property of the Landlord and remain upon the Premises as a part thereof, and notwithstanding anything in be surrendered with the Premises at the termination of this Lease Lease, at the option of the Landlord. If landlord elects to the contraryallow Tenant to remove such fixtures or additions, Tenant shall make all repairs and replacements to repair any damage caused by such removal. Tenant shell not demolish, replace or materially alter the property which Landlord's is required to maintain which are required as building containing the result of repairsdemised Premises, alterations, other improvements or installations made by Tenant or any occupant of the Premises part then, whether voluntary or the agents of in connection with any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under repair or restoration required by this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by LandlordLease.

Appears in 1 contract

Sources: Lease (Eco Rx Inc)

Repairs. Except as otherwise 7.1 Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, equipment, window coverings, and furnishings therein, in good order, repair and condition at all times during the Lease Term. Tenant shall, at its own expense, provide janitorial services for the Premises. In addition, Tenant shall, at Tenant’s own expense but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances; provided in this Leasehowever, within that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a reasonable time after Landlord receives written notice from Tenant percentage of the necessity thereofcost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Once Tenant is leasing the entire Premises and is the sole Tenant in the Building, Tenant shall pay, at Tenant’s sole cost and expense, the entire cost of maintaining and repairing the HVAC system serving the Premises. Tenant shall continuously maintain, at Tenant’s sole cost and expense, maintenance contracts for such HVAC system, using maintenance contract forms and with companies reasonably approved by Landlord. Tenant shall provide copies of such contracts when they are entered into, and within fifteen (15) days after such contracts are modified or renewed, and at other times upon Landlord’s request. Landlord will repair shall be responsible for repairs to the roofexterior walls, foundation and roof of the Building, the structural portions and exterior of the Premises floors of the Building, and the systems and equipment of the Building (exclusive including without limitation, the HVAC system, except for Tenant’s HVAC obligations as set forth above), except to the extent that such repairs are required due to the negligence or willful misconduct of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, not Landlord, Landlord shall nevertheless make such repairs at Tenant's sole cost and expense make all repairs and replacements necessitated ’s expense, or, if covered by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contraryLandlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of such repairs, alterations, other improvements or installations made by Tenant or any occupant of and additions to the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically Building or to any equipment located in the Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord under this Lease shall be made by performed in a manner so as not to materially interfere with Tenant. Tenant’s use of, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited or access to, the heatingPremises; provided that, electricalwith respect to items (ii) and (iii) above, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant Landlord shall promptly replace all broken and cracked glass. Any replacements Tenant is required use commercially reasonable efforts to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by not materially interfere with Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon’s use of, or emanating fromaccess to, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlord.

Appears in 1 contract

Sources: Lease (Athira Pharma, Inc.)

Repairs. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from 10.01 Tenant of the necessity thereof, Landlord will repair the roof, structural portions and exterior of shall periodically inspect the Premises (exclusive to identify any conditions that are dangerous or in need of doors, plate glass maintenance or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenantrepair. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be provide Landlord with notice of equal or better quality, type and style as the item being replacedany such conditions. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance uponperform all maintenance and repairs to the Premises that are not Landlord’s express responsibility under this Lease, or emanating from, the Premises, and keep the Premises neatin good condition and repair, clean reasonable wear and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other peststear excepted. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection Tenant’s repair and maintenance obligations include, without limitation, repairs to: (a) floor coverings; (b) interior partitions; (c) doors (including, without limitation, overhead and roll up doors); (d) the interior side of the heating demising walls; (e) electronic, fiber, phone and data cabling and related equipment that is installed by or for th e exclusive benefit of Tenant; (f) supplemental air conditioning systesm units, kitchens, including hot water heaters, plumbing, and similar facilities exclusively serving the Premises; and (g) except as set forth in Exhibit B, Tenant Improvements and Tenant Alterations. Upon request The standard for comparison of condition will be the condition of the Premises as of the original date of Landlord’s delivery of the Premises and failure to meet such standard shall create the need to repair, ordinary wear and tear excepted. If Tenant shall provide does not perform required maintenance or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval repairs after ten (10) days’ written notice from Landlord (or such lesser period given the emergency), Landlord shall have the right but not the obligation, without waiver of its heating and air conditioning contractor and, additionally, shall obtain approval Default or of any other contractor which may require access right or remedy, to perform such obligations of Tenant on Tenant’s behalf, and Tenant will reimburse Landlord for any costs incurred, together with an administrative charge in an amount equal to 7% of the cost of the repairs, i mmediately upon demand 10.02 Subject to the roof for provisions of Section 1.04, Section 10.01, Article 15 (Damage or Destruction) and Article 19 (Condemnation), Landlord at all times during the purpose Lease Term and subsequent renewal periods shall maintain and promptly and expeditiously undertake and manage all necessary or customary repairs to, and the maintenance of implementation (a) the structural elements of any repairs or improvements. Tenant shall the Building; (b) the mechanical, electrical, plumbing and fire/life safety systems serving the Building and the Premises in no event perforate or do any work on or affecting general (but not serving the Premises solely); (c) the Common Areas, including but not limited to the stairwells and the parking areas; (d) the roof of the Premises without Building; (e) the exterior windows and the atrium windows of the Building; and (f) the elevators serving the Building. Any damage caused by or repairs necessitated by any negligence or act of Tenant or any Tenant Entity may be repaired by Landlord at Landlord's prior written consent ’s option and if consented toTenant’s expense, subject to the provisions of Section 11.09. Landlord’s liability with respect to any defects, repairs, or maintenance for which Landlord is responsible under any of the provisions of this Lease shall only use contractors approved be limited to the cost of such repairs or maintenance, and there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of repairs, alterations or improvements in or to any portion of the Premises, the Building or the Common Areas or to fixtures, appurtenances or equipment in the Building or the Common Areas, except as provided in Section 8.02 and Article 15. Tenant expressly waives the benefit of any statute or other legal right now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord’s expense, whethe r by deduction of rent or otherwise, or to terminate this Lease because of Landlord’s failure to keep the Property, or any part thereof in good order, condition and repair.

Appears in 1 contract

Sources: Office Lease Agreement (Micromet, Inc.)

Repairs. Except Landlord represents and warrants to Tenant that, as otherwise provided in of the date of this Lease, within a reasonable time after Landlord receives written notice from Tenant of the necessity thereofexisting heating, Landlord will repair the roofventilating, structural portions air conditioning, mechanical, electrical, plumbing, fire suppression, life safety and exterior of sprinkler systems serving the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenantare in good working order. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition condition, working order and repairrepair (including without limitation, includingdoors, plumbing and other fixtures, security and safety devices, equipment, alterations and improvements whether installed by Landlord or Tenant, to the extent the same are located within the Premises after the point of entry). In the event that any such repairs, maintenance or replacements are required, Tenant shall promptly arrange for the same through contractors approved in writing in advance by Landlord. If Tenant does not promptly make such arrangements, Landlord may, but not limited toneed not, make such repairs, maintenance and replacements, and the heating, electrical, air conditioning costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord. Except to the extent caused by the negligence or willful misconduct of Landlord (whether located within and except to the extent covered by property insurance policies required to be carried by Landlord under this Lease or without the Premisesactually carried by Landlord), sprinkler Tenant shall indemnify Landlord and other mechanical installations serving pay for any repairs, maintenance and replacements to areas of the Property outside the Premises, the plumbing and sewer systems serving caused, in whole or in part, as a result of moving any furniture, fixtures, or other property to or from the Premises, or by the exterior negligence or willful misconduct of Tenant or its employees, agents, contractors, or visitors (as used herein, “agents, contractors or visitors” shall not include UPS, Federal Express, USPS and interior portions other national delivery service companies). Except as provided in the preceding sentence, or for damage covered under Article 8, Landlord shall (1) maintain, repair and replace the common areas of all doors the Property, which shall include, without limitation, timely removal of any snow and ice from the common areas in a manner consistent with snow removal services typically provided to comparable buildings in the Southeast Denver Suburban market; regular pickup of trash and garbage at the Property; cleaning, sweeping and restriping the parking areas on the Property; lighting (including door checks replacement of bulbs and hardwareballasts) the common areas; and maintaining plants and landscaping, and all windows(2) keep the Systems and Equipment in good condition, frames working order and glass; repair (and Tenant shall promptly replace all broken the costs incurred under (1) and cracked glass. Any replacements Tenant is required to make under this Lease (2) above shall be of equal or better qualityincluded in Operating Expenses to the extent permitted under Article 3 above). Additionally, type Landlord will maintain, repair, and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep replace in good condition and repair all structural repair: (a) the roof, (b) the exterior walls; (c) the structure and exterior work done or installed by Tenantfoundation of the Building; (d) utility lines located outside the Premises, and the pipes and conduits located outside the Premises; (e) the under-slab electrical and plumbing services; and (f) the base building fire suppression, life safety and sprinkler systems serving the Building and the Premises. Tenant The costs incurred under (a) through (f) above shall not permit any waste, damage or injury be included in Operating Expenses to the Premises and extent permitted under Article 3 above. Notwithstanding anything to the contrary set forth in this Lease, Landlord shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean expense (and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor not subject to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting reimbursement as an Operating Expense) replace the roof of the Premises without Landlord's prior written consent and Building, as opposed to repair the roof of the Building, if consented to, shall only use contractors approved by Landlordthe aggregate cost in any calendar year to repair the roof would exceed 25% of the cost to replace the roof.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Fund Xiii L P)

Repairs. Except as otherwise provided in this LeaseBROKER is given the exclusive right to institute repairs to the Property, within a reasonable time after Landlord receives written notice from Tenant to purchase materials, and pay for same out of the necessity thereofOWNER'S funds to preserve the Property in a habitable condition and for the operating efficiency of the Property, Landlord will and for all alterations required to comply with lease requirements, governmental regulations, HOA requirements, or insurance requirements. BROKER shall not be required to perform any act or duty involving the expenditure of monies, unless BROKER has sufficient funds from OWNER. Repairs, replacement, and maintenance, except for an emergency where repairs are immediately necessary for the preservation and safety of the Property, to avoid suspension of any essential services, to avoid danger to life or property, or to comply with federal, state, or local law, over the sum of $300.00 shall not be made without the permission of the OWNER, except where owner has authorized BROKER to make such expenditures without his consent or where BROKER is unable to get OWNER'S authorization due to OWNER'S unavailability. BROKER may engage, supervise, and discharge independent contractors in the name of the OWNER, to maintain and repair the roofProperty and enter into contracts for utilities and other services as may be deemed advisable by BROKER. OWNER is aware and acknowledges that ▇▇▇▇▇▇'S wife, structural portions and exterior of the Premises (exclusive of doorsassociates, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Furtherpartners, and notwithstanding anything in this Lease to the contraryfriends have maintenance and cleaning businesses (ROA Cleaning and Maintenance, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairsSBH Cleaning, alterationsQuality Building Maintenance, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance uponCleaning & Maintenance, or emanating fromSLG Property Maintenance, Kamacho Cleaning, etc.) that not only provides services to the Premisesgeneral public, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection but also provides cleaning and maintenance services for properties which the BROKER manages. BROKER uses a variety of venders which may be more suited to the requirements of the heating job and air conditioning systesm serving any OWNER should be aware that the Premisesbest price/performance ratio is always sought. Upon OWNER may request Tenant shall provide or require its contractor to provide copies of at any time that only venders, not even remotely associated with BROKER, be used exclusively for all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work performed on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordtheir unit/property.

Appears in 1 contract

Sources: Property Management Agreement

Repairs. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from Tenant of the necessity thereof, Landlord will repair the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenantshall, at Tenant's expenseits sole cost, shall make all repairs and replacements to keep and maintain the Leased Promises and appurtenances and every part thereof (excepting exterior walls and roofs which Landlord agrees to repair) including by way of illustration and not by way, of limitation all windows (Tenant accepts premises with a broken showroom window and shall not be held liable for such repair during the term of this lease), and skylights, doors, any store front and the interior of the Leased Premises, including all plumbing, heating, air conditioning, sewer, electrical systems and all fixtures and all other similar equipment serving the Leased Premises in good condition and sanitary order, condition, and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating pent control within the Leased Premises, including, but not limited to the eradication of any ants or termites should infestation be observed during the term of the PremisesLease. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost cost, keep and expensemaintain all utilities, abat▇ ▇▇▇ nuisance uponfixtures and mechanical equipment used by Tenant in good order, condition, and repair. All windows shall be washed and cleaned as often as necessary to keep them clean and free from smudges and stains. In the event Tenant fails to maintain the Leased Promises as required herein or fails to commence repairs (requested by Landlord In writing) within thirty (30) days after such request, or emanating fromfails diligently to proceed thereafter to complete such repairs, Landlord slash have the Premisesright in order to preserve the Leased Premises or portion thereof and/or the appearance thereof, keep the Premises neat, clean to make such repairs or have a contractor make such repairs and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. charge Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose cost thereof as additional rent, together with interest at the rate of implementation twelve percent (12%) per annum from the date of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordmaking such payments.

Appears in 1 contract

Sources: Lease Agreement (MST Enterprises Inc)

Repairs. Except as otherwise provided 9.1 Tenant shall keep the Premises (including the electrical, plumbing, heating, life safety, ventilation and air conditioning systems, the roof membrane, the elevator cabs and equipment (including shafts), the Leasehold Improvements, the Premises Improvements and any Alterations whether or not installed by or for Tenant) that are not the obligation of Landlord to maintain hereunder in this Leasegood order and in a safe, within a neat and clean condition, subject to reasonable time after Landlord receives written notice from Tenant wear and tear and the terms of Articles 15 and 16 below. Notwithstanding the necessity thereofforegoing, Landlord will repair the roofagrees, structural portions if requested by Tenant, to assign to Tenant (without recourse or, if not assignable, to make good faith diligent efforts to enforce on Tenant’s behalf, provided Landlord shall not be required to incur out of pocket costs) any warranties and exterior other rights Landlord may have against any third party related to elements of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are hereunder while reserving to itself the right to enforce such warranties and rights following the termination of this Lease and with respect to those elements that Landlord is required to maintain hereunder. Tenant hereby indemnifies and holds Landlord harmless from any cost, damage or loss due to Tenant’s acts or omissions with respect to such warranties and rights. Notwithstanding anything to the contrary contained herein, in the event that any of the roof membrane, window seals and glass systems, core building heating, ventilation and air conditioning system, supplemental heating, ventilation and air conditioning systems existing as of the result of repairsEffective Date, alterationsthe elevator systems, other improvements core building electrical service system, or installations made by Tenant or any occupant of core building plumbing system servicing the Premises or the agents Project (collectively, the “Core Building Systems”) require replacement, rather than repair and maintenance (other than as a result of any improper maintenance, misuse or abuse by Tenant), upon Tenant’s request therefor, Landlord shall replace such Core Building System and the cost of themsuch replacement shall be an Operating Cost, subject to the terms set forth in the definition of Operating Costs with respect to such Core Building Systems. All maintenance, maintenance and repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting performed in a good and decorating workmanlike manner and in accordance with the alteration provisions of Article 10. In addition, except as provided in Sections 9.2, 9.3 and 9.4, Tenant shall, at, its expense and pursuant to the Premises. Tenant will maintain terms and keep in good condition conditions of this Lease, promptly and adequately repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shallreplace or repair all damaged, broken, or worn elements of the Premises that are not Landlord’s obligation to maintain pursuant to Sections 9.2, 9.3 and 9.4 below, excepting ordinary wear and tear and subject to the terms of Articles 15 and 16 below. Notwithstanding anything to the contrary contained herein, at Landlord’s option, if Tenant fails to commence to maintain the Premises or make repairs and replacements as required under this Section 9.1 within thirty (30) days following written notice to Tenant from Landlord (except in the case of an emergency, when no such notice shall be required) and thereafter diligently and continuously complete such maintenance, repairs or replacements, Landlord may deliver a second notice to Tenant, which notice shall be captioned in all capital letters “FAILURE TO RESPOND MAY RESULT IN LANDLORD COMMENCING REPAIRS”. If Tenant fails to commence such repairs within five (5) Business Days following such a second notice, Landlord may, but need not, perform such maintenance or make such repairs and replacements, and Tenant shall pay Landlord the cost Landlord incurred in connection therewith, within thirty (30) days after Landlord’s written demand. 9.2 Subject to the provisions of Article 15 and Article 16, Landlord shall maintain, repair and replace, at its sole cost and expense, abat▇ ▇▇▇ nuisance uponand not as an Operating Cost, the structural elements of the Project consisting of the foundations, roof structures, column beams, load bearing and exterior walls and structural elements of the Building and the foundations, column beams, load bearing walls and structural elements of the Underground Parking Areas and any future multi-floor parking structure on the Project. Except as set forth in the immediately preceding sentence and subject to the limitations set forth in the definitions concerning capital improvements and structural elements, in addition to Landlord’s obligations with respect to Core Building Systems as set forth in Section 9.1 above, Landlord shall maintain and repair the Common Areas of the Project, the cost of which shall be reimbursed as an Operating Cost. 9.3 Landlord agrees to deliver the Premises to Tenant on the Commencement Date in a “broom clean” condition with Landlord’s Work Substantially Completed (and all materials and debris resulting from Landlord’s Work removed from the Premises), with the Core Building Systems in good working order and repair and with the Premises watertight (the “Delivery Condition”). Tenant shall inform Landlord in writing of all failures of the Delivery Condition discovered by Tenant promptly following discovery thereof. Any claim based on a failure of a Delivery Condition must be asserted in a written notice by Tenant to Landlord given before the one hundred eightieth (180th) day following the Commencement Date hereof (the “Warranty Date”), and, if not asserted in writing before the Warranty Date, from and after the Warranty Date such claim shall be void and of no force or effect. Notwithstanding anything to the contrary contained herein, Tenant acknowledges and agrees that Landlord’s sole liability with respect to any failure of a Delivery Condition shall be (i) to cause the Premises to be placed in the Delivery Condition, or emanating from(ii) for the cost thereof pursuant to the next proceeding sentence. If Landlord fails to commence correcting any failure of a Delivery Condition within thirty (30) days after receipt of notice from Tenant given on or before the Warranty Date, Tenant shall have the right, but not the obligation, to perform such work and charge Landlord the reasonable cost therefore, which Landlord shall pay within thirty (30) days of receipt of the invoice. Except as expressly set forth herein, Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. 9.4 Landlord represents and warrants to Tenant that if based upon current interpretations of Requirements as of the Commencement Date, the Premises (exclusive of furniture and equipment) fail to comply with Requirements, including, without limitation, the Americans with Disabilities Act (the “ADA”), Landlord will be solely responsible, at its cost, and not as an Operating Cost, to correct such violation of the Requirements. Notwithstanding the foregoing, Tenant shall be responsible for the cost of compliance with Requirements triggered by Tenant’s particular use of the Premises, keep Tenant’s construction or alteration thereof, Tenant’s breach of this Lease or future interpretations of or changes to Requirements to the extent that such compliance would not otherwise be Landlord’s obligation under the terms of Sections 9.2 or 9.3 above; provided, in no event shall Tenant be responsible for any alterations to the Premises neat, clean and in orderly and sanitary condition free that are Landlord’s obligation to perform under the terms of offensive odors, vermin, rodents, bugs insects and other pestsSection 9.2 above. Tenant shall keep inform Landlord in full force writing of all breaches of Requirements that are Landlord’s obligation to correct that are discovered by Tenant promptly following discovery thereof. Notwithstanding anything to the contrary contained herein, Tenant acknowledges and effect agrees that Landlord shall not be liable for any damages incurred by Tenant due to a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance failure of the heating Premises to comply with Requirements as the Requirements are interpreted as of the date of this Lease. 9.5 Landlord shall, at Landlord’s sole cost and air conditioning systesm serving expense, perform, or cause to be performed, the Premiseswork (“Landlord’s Work”) as provided in the plans to be prepared by Landlord and submitted to and approved by Tenant, which approval shall not be unreasonably withheld, conditioned or delayed. Upon request Tenant The parties hereto agree that the basic scope of the Landlord’s Work is as set forth on Exhibit H, and that both parties agree to such scope of work. Landlord’s plans and all design and construction of Landlord’s Work shall provide or require its contractor to provide copies of comply with all maintenance applicable statutes, ordinances, regulations, laws, codes and service records to Landlordindustry standards. Tenant shall obtain approval from Landlord review and approve each set of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor plans for Landlord’s Work (which may require access be presented separately for each element) within three (3) days of Landlord’s submission thereof. If Tenant does not respond to said plans within such three (3) day period, Tenant’s approval shall be deemed given. If Landlord is required to resubmit any plans as the result of Tenant’s review, Tenant shall indicate its acceptance or rejection of the revised plans within two (2) days following receipt by Tenant. If Tenant does not respond to the roof for the purpose of implementation of any repairs or improvements. Tenant revised plans within such two (2) day period, Tenant’s approval shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordbe deemed given to said revised plans.

Appears in 1 contract

Sources: Lease Agreement (Atheros Communications Inc)

Repairs. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from Tenant of the necessity thereof, Landlord will repair the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant Tenant, or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's Landlord is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlord.all

Appears in 1 contract

Sources: Industrial Lease Agreement (Riddell Sports Inc)

Repairs. Except as otherwise Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises or elsewhere exclusively serving the Premises, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided in this Leasehowever, that if Tenant fails to make such repairs within a reasonable time after applicable notice and cure periods, Landlord receives written notice from may, but need not, make such repairs and replacements, and Tenant of shall pay Landlord the necessity cost thereof, Landlord will repair including a management fee of 5% of such costs. Without limitation, Tenant shall be responsible for electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the roof, structural portions and exterior of Premises from the Building connection point to the Premises (exclusive to the extent serving Tenant exclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of doorssuch systems. Notwithstanding the foregoing, plate glass or entrances which Landlord shall be maintained responsible for repairs to the exterior walls, foundation and repaired by roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas (to the extent not serving Tenant exclusively), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant); provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, not Landlord, Landlord shall nevertheless make such repairs at Tenant's sole cost and expense make all repairs and replacements necessitated ’s expense, or, if covered by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contraryLandlord’s insurance, Tenant shall make all repairs and replacements only be obligated to pay any deductible in connection therewith. Subject to the property which Landlord's is terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to maintain which are required as the result of make such repairs, alterations, other improvements or installations made by Tenant or any occupant of additions to the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically Project or to any equipment located in the obligation Project as Landlord 176640186.8 373606-000050 shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi- governmental authority or court order or decree. Landlord shall comply with all reasonable and nondiscriminatory requirements of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of Tenant when accessing the Premises provided such requirements are intended, in good condition and repairfaith, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of protecting Tenant’s work, proprietary information and any repairs or improvementsother sensitive matter pertaining to Tenant’s Permitted Use. Tenant shall in no event perforate or do any work on or affecting the roof hereby waives and releases its right to make repairs at Landlord’s expense under Section 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling exclusively serving the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordfrom the Building’s network cabling.

Appears in 1 contract

Sources: Lease (Organovo Holdings, Inc.)

Repairs. Except as otherwise provided in Tenant shall, at Tenant's own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein and all heating, ventilating, air conditioning, electrical and utility systems that are located within and exclusively serve the Premises, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by casualty to, or condemnation of, the Premises, ordinary wear and tear and repairs for which Landlord is responsible pursuant to this Lease; provided however, that Landlord shall have the exclusive right, exercisable at Landlord's option, but not the obligation, to make such repairs and replacements if Tenant fails to make the same as required hereunder after expiration of the applicable notice and cure period provided in Article 19, and Tenant shall pay to Landlord the cost thereof, including a percentage of the cost thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements promptly upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable time times and after Landlord receives reasonable prior written notice from Tenant (except in emergencies) to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use commercially reasonable efforts to minimize any unreasonable interference with Tenant's use and occupancy of the necessity thereofPremises as a result of any entry by Landlord permitted under this Article 7. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. Subject to the provisions of the immediately preceding paragraph, Articles 11 and 13 of this Lease and Tenant's obligations under Article 4 to reimburse Landlord for Tenant's Share of the cost and expenses of the following described items, Landlord will shall maintain or cause to be maintained in good order, condition and repair at all times during the Lease Term, the structural portions of the roof, structural portions foundations, floors and exterior walls of the Premises (exclusive of doorsBuilding, plate glass or entrances which shall be maintained the Common Areas, and repaired by Tenant)the Building plumbing, heating, ventilating, air conditioning, life safety and electrical systems serving the Building and the Common Areas; provided, however, that Tenant, not Landlord, Tenant shall at Tenant's sole pay the cost and expense make all of repairs and or replacements necessitated by reason to the extent arising out of (a) the neglect, fault negligence or default willful misconduct of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by TenantAgents. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements under no obligation to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of inspect the Premises. Tenant will maintain and keep shall promptly report in good writing to Landlord any defective condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury known to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor it which Landlord is required to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordrepair.

Appears in 1 contract

Sources: Office Lease (Castlight Health, Inc.)

Repairs. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from Tenant of the necessity thereof, Landlord will repair the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior exterior areas of the Premises Property, the Building Common Areas, and the exterior of Building A, Building C and Building D in good working order, condition and repairrepair comparable to buildings in similar first-class business parks in the Milford/Franklin/Hopkinton market area. Landlord shall make all repairs, replacements and renewals the Landlord reasonably deems necessary: (i) to keep in good and sound condition the structure of the Buildings, including, but not limited toto steel, footings, floor slabs, exterior walls, roof and roofing, main sprinkler line, roof membrane and all underground or under-slab utilities; (ii) to keep the electrical, mechanical, plumbing, fire alarm, sprinkler, heating, electrical, air ventilation and air-conditioning (whether located within or without the Premises), sprinkler HVAC) and other mechanical installations serving the Premises, the plumbing and sewer systems serving the PremisesBuildings or the Building Common Areas in good condition, order and repair (Tenant acknowledging, however, that Tenant is solely responsibility for any HVAC equipment either located within the Premises or exclusively serving the Premises (wherever located)); and (iii) to keep the parking areas, driveways, walkways and all other common areas of the Property in good condition. Tenant will keep the interior of the Leased Premises in good repair and will surrender the Leased Premises at the expiration of the Lease Term or at such other time as it may vacate, or be required to vacate, the exterior Leased Premises in as good condition as when received, or as may hereafter be improved by Landlord or Tenant, ordinary wear and interior portions tear and damage caused by fire, unavoidable accident, other casualty, Acts of all doors including door checks and hardwareGod or the negligence or willful misconduct of Landlord excepted. Tenant will not overload the electrical wiring serving the Leased Premises or within the Leased Premises (to the best of Landlord’s knowledge, Landlord hereby represents to Tenant that Building D’s electrical capacity is currently 32 w▇▇▇▇ per square foot at 480 volts), and all windowswill install at its own expense, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is but only after obtaining Landlord’s written approval, which approval will not be unreasonably withheld or delayed, any additional electrical wiring which may be required to make under this Lease shall be of equal or better quality, type and style as the item being replacedin connection with Tenant’s apparatus. Tenant shall be responsible for all painting and decorating entitled to use 50% of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. capacity of the back-up generator for Building D for providing back-up power to Premises D. In addition, Tenant shall not permit any waste, damage or injury have the right to the Premises and shallinstall, at its sole cost and expense, abat▇ ▇▇▇ nuisance uponadditional backup generators for the Leased Premises on the portions of the Business Park adjoining Buildings A, C and D in locations to be reasonably determined by Landlord and Tenant. Tenant’s use and installation of such generator(s) shall comply with the terms of Exhibit J attached hereto and made a part hereof. To the extent that a repair to the interior of the Leased Premises or emanating fromany equipment therein is covered by warranty granted to Landlord (if any), Landlord will make every reasonable effort to enforce that warranty on behalf of Tenant to effectuate said repair. Otherwise, Tenant shall be responsible for all repairs to the Premisesinterior of the Leased Premises and to Tenant’s equipment contained therein, keep except as specifically set forth herein. For any and all repairs in or to the Premises neatSecure Areas (hereinafter defined) for which Landlord is responsible, clean except in the case of emergency repairs, Landlord shall, subject to Section 21 hereof, (i) provide Tenant with not less than three (3) business days’ advance notice, (ii) perform such repairs during hours outside of Tenant’s usual and customary operating hours (including weekend and night hours, as applicable), and (iii) perform such repairs in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor manner that is designed to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of minimize any other contractor which may require access disruption to the roof for the purpose operation of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by LandlordTenant’s business.

Appears in 1 contract

Sources: Lease Agreement (Seracare Life Sciences Inc)

Repairs. Except as otherwise provided 9.01. Tenant shall maintain and keep the Demised Premises in this Lease, within a reasonable time after Landlord receives written notice from Tenant of the necessity thereof, Landlord will first-class order and repair the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all such repairs and replacements necessitated by reason as may be necessary in order to maintain the Improvements in a condition suitable for the operation and conduct of (a) the neglect, fault or default of Tenant or Tenant's agentsbusiness therein, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by but excluding from Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all 's obligations such repairs and replacements made necessary by damages caused by fire and the perils covered by the usual policy of extended coverage insurance in effect in the area where the Demised Premises are located. Notwithstanding anything to the property which Landlord's is contrary contained herein, such obligation of Tenant shall include, without limitation, such current repairs, maintenance and replacements as are required to maintain which are required as keep the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Demised Premises in good condition first-class order and repair, including, but not limited towithout limitation, the heatingfollowing: sidewalks and blacktopping, electrical, heating and air conditioning (whether located within or without the Premises)systems and equipment, sprinkler lighting and other mechanical installations serving the Premiseselectrical systems and equipment, the plumbing and sewer systems serving the Premiseswater, the exterior and interior portions of all doors including door checks and hardwarepower, and all plumbing systems and equipment, roofs, walls, floors, ceilings, and windows, frames and glass; also shall include, without limitation, periodic painting and Tenant shall promptly replace general refurbishing so as to maintain the Demised Premises at all broken times in an attractive, clean and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replacedpleasing appearance. Tenant shall assign to Landlord all contractors' guarantees received by Tenant in connection with repairing the Demised Premises. 9.02. If the Demised Premises shall be responsible damaged by fire, explosion, perils insured against by Landlord's standard fire and extended coverage insurance policy, casualty, or other cause or happening or if any lawful authority shall order demolition or removal of any structure covered by this Lease, so as-to render them, in Landlord's reasonable discretion, substantially unfit in their entirety for all painting Tenant's proposed use, then this Lease, at Landlord's option, shall terminate and decorating Tenant's obligation to pay rent shall cease, and any unearned rent paid in advance shall be refunded to Tenant. If the Demised Premises shall be partially destroyed by fire, explosion, or perils insured against by Landlord's standard fire and extended coverage insurance policy, or if Landlord shall not have exercised the above option to terminate, then the Demised Premises shall be restored by Landlord and a just proportion of the Premisesbasic rent specified shall abat▇ ▇▇▇il they shall have been restored and put in proper condition for Tenant's use and occupancy. 9.03. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expenseexpense shall comply with all laws, abat▇ ▇▇▇ nuisance uponrules and regulations of any applicable governmental authority as related to Tenant's use and occupancy of the Demised Premises, or emanating fromany part thereof and all orders, rules and regulations of the cognizant board of Fire Underwriters or any other body hereafter exercising similar functions, as related to Tenant's use and occupancy of the Demised Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pestsor any part thereof. Tenant shall keep in full force likewise observe and effect a maintenance contract comply with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies requirements of all maintenance policy of public liability, fire and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of other insurance at any other contractor which may require access time in force with respect to the roof for Demised Premises. 9.04. If a defect in workmanship or materials is discovered by Tenant which is covered by a contractor's warranty or guaranty received by Landlord and Landlord refuses to enforce such warranty or guaranty after written demand made by Tenant, then Landlord agrees, upon written demand by Tenant, to assign to Tenant all its right to enforce such warranty or guaranty to the purpose of implementation of any repairs or improvements. Tenant shall extent only that the same relates to the defect in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordquestion.

Appears in 1 contract

Sources: Dealership Lease (Sunbelt Automotive Group Inc)

Repairs. Except as otherwise provided (a) Landlord shall keep the Common Areas of the Building and the Project in this Leasea clean and neat condition. Subject to subparagraph (b) below, Landlord shall make all necessary repairs, within a reasonable time after Landlord receives written period following receipt of notice from Tenant of the necessity thereofneed therefor from Tenant, to the exterior walls, exterior doors, exterior locks on exterior doors and windows of the Building, and to the Common Areas and to public corridors and other public areas of the Project not constituting a portion of any tenant’s premises and shall use reasonable efforts to keep all Building standard equipment used by Tenant in common with other tenants in good condition and repair and to replace same at the end of such equipment’s normal and useful life, reasonable wear and tear and casualty loss excepted. Except as expressly provided in Paragraph 9 of this Lease, there shall be no abatement of Rent and no liability of Landlord will repair by reason of any injury to or interference with Tenant’s business arising from the roofmaking of any repairs, structural portions alterations or improvements in or to any portion of the Premises, the Building or the Project. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Section 1942 and exterior any successive sections or statutes of a similar nature). (b) Tenant, at its expense, (i) shall keep the Premises and all fixtures and equipment contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors selected by Landlord, of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities and supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in the Premises at the time of Landlord’s delivery of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by to Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall required to be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and Landlord under subparagraph (a) above with replacements of any materials to keep and maintain the interior be made by use of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be materials of equal or better quality, type and style as the item being replaced. Tenant shall be responsible do all decorating, remodeling, alteration and painting required by Tenant during the Lease Term. Tenant shall pay for all painting and decorating the cost of any repairs to the Premises. , the Building or the Project made necessary by any negligence or willful misconduct of Tenant will maintain and keep or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in good condition and repair all structural and exterior work done or installed invited to the Premises or the Project by Tenant. If Tenant fails to make such repairs or replacements within fifteen (15) days after written notice from Landlord, Landlord may at its option make such repairs or replacements, and Tenant shall not permit any wasteupon demand pay Landlord for the cost thereof, damage together with an administration fee equal to fifteen percent (15%) of such costs. (c) Upon the expiration or injury earlier termination of this Lease, Tenant shall surrender the Premises in a safe, clean and neat condition, normal wear and tear excepted. Prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises (i) all trade fixtures, furnishings and shallother personal property of Tenant, at its sole cost except as otherwise set forth in Paragraph 4(b) of this Lease, and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, (ii) all computer and phone cabling and wiring from the Premises, keep and Tenant shall repair all damage caused by such removal, and shall restore the Premises neatto its original condition, clean reasonable wear and tear excepted. In addition to all other rights Landlord may have, in orderly and sanitary condition free of offensive odorsthe event Tenant does not so remove any such fixtures, verminfurnishings or personal property, rodents, bugs insects and other pests. Tenant shall keep be deemed to have abandoned the same, in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance which case Landlord may store or dispose of the heating and air conditioning systesm serving same at Tenant’s expense, appropriate the Premises. Upon request Tenant shall provide or require same for itself, and/or sell the same in its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlorddiscretion.

Appears in 1 contract

Sources: Office Lease (Oncternal Therapeutics, Inc.)

Repairs. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from 7.01. Tenant shall take good care of the necessity thereof, Landlord will repair demised premises and the roof, structural portions fixtures and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained appurtenances therein and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's its sole cost and expense make all repairs thereto as and replacements necessitated by reason of (a) when needed to preserve the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers same in good working order and (b) the structural and exterior work done or installed by Tenantcondition. Further, and notwithstanding anything in this Lease With respect to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer Building systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. demised premises Tenant shall be responsible for (i) repair and maintenance of Tenant's internal air-distribution system to the point at which the same connects to the Floor Unit (if the demised premises comprise all painting the space on a floor) or to the main distribution duct for the demised premises (if the demised premises comprise a portion of a floor), (ii) repair and decorating maintenance of the Premisesinternal electrical system to the panel box serving the demised premises, and (iii) repair and maintenance of all plumbing fixtures and lines in and serving the demised premises to the point at which the same join the main vertical risers of the Building. All such repairs and maintenance with respect to such Building system shall be performed in a Building Standard manner by Landlord or by a contractor selected and approved by Landlord, whose costs shall be consistent with the cost for the performance or such work in first-class buildings in Midtown Manhattan, and the cost shall be payable by Tenant will maintain and keep as additional rent within ten (10) days after rendition by Landlord of any ▇▇▇▇(s) pertaining thereto. Except as otherwise provided in good condition and repair Section 9.05 hereof, all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises demised premises and shallto its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, abat▇ which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within 15 days after rendition of a ▇▇▇▇ nuisance upon, or emanating fromtherefor. The exterior walls of the Building, the Premisesportions of any window ▇▇▇▇▇ outside the windows, keep and the Premises neat, clean windows are not part of the premises demised by this Lease and in orderly and sanitary condition free Landlord reserves all rights to such parts of offensive odors, vermin, rodents, bugs insects and other peststhe Building. 7.02. Tenant shall keep in full force and effect not place a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance load upon any floor of the heating demised premises exceeding the floor load per square foot area which such floor was designed to carry and air conditioning systesm serving the Premiseswhich is allowed by law. Upon request If Tenant shall provide desire a floor load in excess of that which the affected floors are designed to carry Landlord agrees (provided Landlord's engineers, in their sole discretion, find that the work necessary to increase such floor load does not adversely affect the structure of the Building, and further provided that such work will not interfere with the amount or require its contractor availability of any space adjoining alongside, above or below the demised premises, or interfere with the occupancy of other tenants in the Building), to provide copies of all maintenance strengthen and service records reinforce the same so as to Landlord. give the live load desired, provided Tenant shall obtain approval from submit to Landlord the plans showing the locations of its heating and air conditioning contractor andthe desired floor live load for the areas in question, additionallyand provided further, that Tenant shall obtain approval agree to pay for or reimburse Landlord on demand for the cost of such strengthening and reinforcement as well as any other contractor costs to and expenses of Landlord occasioned by or resulting from such strengthening or reinforcement. Installations as to which may require access to the roof for the purpose of implementation of any repairs floor has been strengthened or improvements. Tenant reinforced shall in no event perforate or do any work on or affecting the roof of the Premises not be relocated without Landlord's prior written consent approval. 7.03. Business machines and if consented tomechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be objectionable to Landlord or to any other tenant in the Building shall only be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air-conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold. 7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. 7.05. Landlord shall, throughout the term, be responsible at Landlord's cost and expense (provided that such costs may, to the extent permitted under Article 3 hereof, be included as Operating Expenses or Air-Conditioning Costs) for repairs to the structural elements of the Building, the common areas of the Building to the extent required or utilized by Tenant in connection with its occupancy of the demised premises or to gain access thereto, and those portions of the Building systems for which Tenant is not responsible pursuant to Section 7.01 hereof, so as to keep the same in good working condition, except for such repairs the need for which is attributable to the acts or omissions of Tenant, its agents, employees, contractors or invitees. 7.06. Landlord shall use its reasonable efforts to minimize interference with Tenant's use and occupancy of the demised premises in making any repairs pursuant to this Article 7, or in the performance of any alterations, additions or improvements to the Building or the demised premises which Landlord may perform pursuant to this Lease; provided, however, that Landlord shall have no obligation to employ contractors approved by Landlordor labor at so-called overtime or other premium pay rates or to incur any other overtime costs whatsoever.

Appears in 1 contract

Sources: Lease Agreement (Primus Guaranty LTD)

Repairs. Except as otherwise provided in this Lease(a) By entry hereunder, within a reasonable time after Landlord receives written notice from Tenant of the necessity thereof, Landlord will repair the roof, structural portions and exterior of accepts the Premises (exclusive of doorsas being in good and sanitary order, plate glass or entrances which condition and repair. Tenant shall be maintained keep, maintain and repaired by Tenant); providedpreserve the Premises in first class condition and repair, howeverand shall, that Tenantwhen and if needed, not Landlord, shall at Tenant's sole cost and expense expense, make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contraryPremises and every part thereof. Tenant shall, Tenant upon the expiration or sooner termination of the term hereof, surrender the Premises to Landlord in the same condition as when received, usual and ordinary wear and tear excepted. Landlord shall make all repairs and replacements have no obligation to alter, remodel, improve, repair, decorate or paint the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant Premises or any occupant part thereof. The parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the agents of any of them. All maintenance, repairs and replacements Building except as specifically herein set forth. (b) Anything contained in Paragraph 13 (a) above to the Premises contrary notwithstanding, Landlord shall repair and maintain the structural portions of the Building, including the foundations, building shell, and roof structure, all at Landlord's expense. At Tenant's expense to be prorated through operating costs, Landlord shall repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord, and perform roof repair and maintenance to the Premises. Landlord shall not specifically 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 obligation need of such repairs or maintenance is given to Landlord under this Lease shall be made by Tenant. TenantExcept as provided in Article 21 hereof, at there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's expensebusiness arising from the making of any repairs, shall make all repairs and replacements alterations or improvements in or to keep and maintain the interior any portion of the Building or the Premises or in good condition or to fixtures, appurtenances and repair, including, but not limited to, equipment therein. Tenant waives the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required right to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, repairs at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented toexpense under any law, shall only use contractors approved by Landlordstatute or ordinance now or hereafter in effect.

Appears in 1 contract

Sources: Office Lease (Childrens Internet Inc)

Repairs. Except as otherwise provided (a) Landlord shall keep the Common Areas of the Building and the Project in this Leasea clean and neat condition. Subject to subparagraph (b) below, Landlord shall make all necessary repairs, within a reasonable time after Landlord receives written period following receipt of notice from Tenant of the necessity thereofneed therefor from Tenant, to the exterior walls, exterior doors, exterior locks on exterior doors and windows of the Building, and to the Common Areas and to public corridors and other public areas of the Project not constituting a portion of any tenant’s premises and shall use reasonable efforts to keep all Building standard equipment used by Tenant in common with other tenants in good condition and repair and to replace same at the end of such equipment’s normal and useful life, reasonable wear and tear and casualty loss excepted. Except as expressly provided in Paragraph 9 of this Lease, there shall be no abatement of Rent and no liability of Landlord will by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, the Building or the Project. (b) Tenant, at its expense, (i) shall keep the Premises and all fixtures contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance, repair and replacement, by contractors selected by Landlord, of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in the roofPremises, structural portions including, without limitation, lavatory, shower, toilet, wash basin and exterior kitchen facilities, and supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in the Premises at the time of Landlord’s delivery of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by to Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall required to be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and Landlord under subparagraph (a) above with replacements of any materials to keep and maintain the interior be made by use of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be materials of equal or better quality, type and style as the item being replaced. Tenant shall be responsible do all decorating, remodeling, alteration and painting required by Tenant during the Lease Term. Tenant shall pay for all painting and decorating the cost of any repairs to the Premises. , the Building or the Project made necessary by any negligence or willful misconduct of Tenant will maintain and keep or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in good condition and repair all structural and exterior work done or installed invited to the Premises or the Project by Tenant. If Tenant fails to make such repairs or replacements within fifteen (15) days after written notice from Landlord, Landlord may at its option make such repairs or replacements, and Tenant shall not permit any wasteupon demand pay Landlord for the cost thereof. (c) Upon the expiration or earlier termination of this Lease, damage or injury to Tenant shall surrender the Premises in a safe, clean and shallneat condition, at its sole cost normal wear and expensetear excepted. Except as otherwise set forth in Paragraph 4(b) of this Lease, abat▇ ▇▇▇ nuisance uponTenant shall remove from the Premises all trade fixtures, or emanating from, furnishings and other personal property of Tenant and all computer and phone cabling and wiring from the Premises, keep shall repair all damage caused by such removal, and shall restore the Premises neatto its original condition, clean reasonable wear and tear excepted. In addition to all other rights Landlord may have, in orderly and sanitary condition free of offensive odorsthe event Tenant does not so remove any such fixtures, verminfurnishings or personal property, rodents, bugs insects and other pests. Tenant shall keep be deemed to have abandoned the same, in full force and effect a maintenance contract with a reputable heating contractor providing which case Landlord may store the same at Tenant’s expense, appropriate the same for at least quarterly inspection and maintenance of itself, and/or sell the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require same in its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlorddiscretion.

Appears in 1 contract

Sources: Office Lease (CIPHERLOC Corp)

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

Appears in 1 contract

Sources: Sublease (Reddit, Inc.)

Repairs. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from 13.01 Tenant of the necessity thereof, Landlord will repair the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenantshall, at Tenant's its sole expense, shall make all repairs and replacements to keep and maintain the Project and every part thereof (except such items as Landlord agrees to repair as provided in Section 13.05 below), including interior and exterior windows, skylights, doors, plate glass, any store fronts, the roof, parking area, landscaping, building exterior, and the interior of the Premises, in good and sanitary order, condition and repair. Tenant will, also, at its sole cost keep and maintain all utilities, fixtures, plumbing and mechanical equipment used by Tenant in good order and repair and furnish all expendables (light bulbs, paper goods, soaps, etc.) used in the Premises. The standard for comparison and need of repair will be the condition of the Premises at the time of commencement of this Lease and all repairs will be made by a licensed and bonded contractor approved by Landlord. 13.02 Tenant will not make repairs to the Premises at the cost of Landlord whether by deductions of rent or otherwise, or vacate the Premises or terminate the Lease if repairs are not made. If during the Lease Term, any alteration, addition or change to the Premises is required by legal authorities, subject to the provisions of Section 7.02 above, Tenant, at its sole expense, shall promptly make the same. Landlord reserves the right to make any such repairs not made or maintained in good condition by Tenant and Tenant shall reimburse Landlord for all such costs upon demand. 13.03 If repairs deemed necessary by Landlord or any government authority are not made by Tenant within the prescribed time frame as provided in writing, Tenant shall be in default of this Lease. 13.04 Tenant shall, at its own expense, within thirty (30) days of the Lease Commencement Date, contract with a vendor acceptable to Landlord for the maintenance service of the HVAC which will be furnished to the Landlord upon request. If Tenant fails to obtain and maintain such a maintenance service contract Landlord shall have the right to obtain such a maintenance service contract at the expense of Tenant. 13.05 Landlord shall keep and maintain the structural soundness of the roof, foundations, and exterior walls of the Premises in good condition and repair, including, but except that Landlord shall not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating any repairs or maintenance provided herein caused by Tenant's misuse of the PremisesProject, Tenant's or Tenant's agents', employees', invitees', licensees', or contractors' negligence or intentional misconduct not covered by insurance maintained by Landlord on the Project, or the failure of Tenant to perform or observe any conditions or agreements contained in this Lease. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant Landlord shall not permit be required to commence any wasterepairs and shall not have any liability or responsibility therefor, damage or injury except upon notice of the need therefor from Tenant and a reasonable opportunity to complete the Premises same. All repair costs by Landlord under this Section 13.05 shall be considered part of the Operating Costs of the Project as specified in paragraph 5.02A above. Landlord agrees to exercise commercially reasonable efforts to conduct such repairs as promptly as possible after receiving notice from Tenant in a manner which will not unreasonably and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance uponmaterially interfere with Tenant's occupancy of, or emanating the conduct of Tenant's business from, the Premises. 13.06 In the event Landlord or Tenant (the "Determining Party") has determined that the other party (the "Maintaining Party") has not made the repairs or complied with their maintenance obligations specified in Sections 13.02 and 13.05, keep respectively, the Premises neatDetermining Party shall thereafter notify the Maintaining Party in writing. If the Maintaining Party disagrees with the Determining Party's determination, clean Landlord and Tenant agree to negotiate in orderly good faith in an attempt to resolve the dispute. In the event Landlord and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance have not resolved the dispute within thirty (30) days after the Maintaining Party's receipt of the heating Determining Party's notice, then either party may submit the dispute to binding arbitration. The dispute shall be resolved by a sole arbitrator, whose decision shall be final and air conditioning systesm serving binding on the Premisesparties. Upon request Tenant The parties shall provide select the arbitrator by mutual agreement or, if the parties fail to agree upon an arbitrator within ten (10) days from the date of the election to arbitrate, the arbitrator shall be selected by the American Arbitration Association. The Commercial Arbitration Rules of the American Arbitration Association shall govern the arbitration, including selection of the arbitrator if the parties cannot agree upon the arbitrator. The parties shall each bear their own costs associated with the arbitration and shall share equally the cost of the arbitrator. In the event that either party fails to comply with the terms of the arbitrator's final decision, either party may petition a court of competent jurisdiction to enter a judgment upon the arbitrator's final decision. The arbitration shall be held in Reno, Nevada. Nothing in this Section 13.06 shall be construed to preclude any party from seeking injunctive relief or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord exercising any of its heating other rights and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access remedies pursuant to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordthis Lease.

Appears in 1 contract

Sources: Standard Industrial Lease (Igo Corp)

Repairs. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from Tenant of the necessity thereof, Landlord will repair the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by TenantSection 9.01. Further, and notwithstanding anything in this Lease to the contrary, The Tenant shall make all repairs and replacements to keep the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Demised Premises in good condition and repair, includingand shall redecorate, but not limited to, paint and renovate the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required Demised Premises as may be necessary to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep them in good condition and repair and good appearance. The Tenant shall keep the Demised Premises and all structural parts thereof in a clean and exterior work done or installed by Tenantsanitary condition and free from trash, inflammable material and other objectionable matter. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ throughout the Term of this Lease, as extended or renewed, maintain a dumpster for depositing its trash and refuse. Under no circumstances will Tenant store any trash or refuse outside the Structures except in such dumpster. The Tenant shall comply with all of the requirements and recommendations as announced from time to time by the engineering department or any other similar enforcement department of the fire insurance company insuring the Demised Premises or any agencies or departments of the Town of ▇▇▇▇▇▇ nuisance upon, including by way of example but not limitation the health or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pestsfire department. The Tenant shall keep in full force the sidewalks, parking lot and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance roadways forming part of the Demised Premises clean and free of obstructions, snow and ice. Except as hereinafter in this Lease set forth, throughout the Term of this Lease, the Tenant, at its sole cost and expense, will take good care of the Demised Premises including by way of example but not limitation, the tanks, racks, roof, boiler, heating systems, plumbing systems, electrical system and sprinkler, gas fired unit heaters, rooftop heating, ventilating and air conditioning systesm serving ("HVAC") units, overhead doors, overhead door openers, exhaust fans, ventilating fans, plumbing fixtures, lights, outlets, electrical panels, exit lights, emergency lights, exterior lighting, fences, landscaping, tree trimming and weed removal, and the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance sidewalks and service records to Landlord. Tenant shall obtain approval from Landlord of its heating curbs adjoining the Demised Premises and air conditioning contractor will keep the same in good order and condition and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlord.

Appears in 1 contract

Sources: Lease Agreement (Able Energy Inc)

Repairs. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from 13.01 Tenant of the necessity thereof, Landlord will repair the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance uponkeep and maintain the Premises and every part thereof (excepting common use equipment, which Landlord agrees to repair or replace pursuant to Section 5.02 unless damages are due to the neglect or intentional acts of Tenant or its agents, employees, visitors, or emanating fromlicensees), including interior windows, skylights, doors, plate glass, any store fronts and the interior of the Premises, keep the Premises neat, clean and in orderly good and sanitary order, condition free of offensive odors, vermin, rodents, bugs insects and other pestsrepair. Tenant shall will, also, at its sole cost keep and maintain all utilities, fixtures, plumbing and mechanical equipment used by Tenant in full force good order and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection repair and maintenance of the heating and air conditioning systesm serving furnish all expendables (light bulbs, paper goods, soaps, etc.) used in the Premises. Upon request Tenant shall provide or require its contractor to provide copies The standard for comparison and need of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to repair will be the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof condition of the Premises without Landlord's prior written consent at the time of commencement of this Lease and if consented to, shall only use contractors all repairs will be made by a licensed and bonded contractor approved by Landlord. 13.02 Except as specified in 13.01, Tenant will not make repairs to the Premises at the cost of Landlord whether by deductions of rent or otherwise, or vacate the Premises or terminate the Lease if repairs are not made. If during the Term, any alteration, addition or change to the Premises is required by legal authorities, Tenant, at its sole expense, shall promptly make the same. Landlord reserves the right to make any such repairs not made or maintained in good condition by Tenant and Tenant shall reimburse Landlord for all such costs upon demand. 13.03 If repairs deemed necessary by Landlord or any government authority are not made by Tenant within the prescribed time frame as reasonably requested in writing, Tenant shall be in default of this Lease. 13.04 Tenant shall, at its own expense, within thirty days of lease commencement, contract with a vendor acceptable to Landlord for the maintenance service of the HVAC which will be furnished to the Landlord upon request. If Tenant fails to obtain and maintain such a maintenance service contract Landlord shall have the right to obtain such a maintenance service contract at the expense of Tenant.

Appears in 1 contract

Sources: Standard Industrial Lease (Microage Inc /De/)

Repairs. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from 10.1 Tenant of the necessity thereof, Landlord will repair the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, throughout the Premises, Term take good care of the Premises and keep the Premises neat, clean in good and in orderly safe order and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract comply with a reputable heating contractor providing for at least quarterly inspection any requirements relating to repair and maintenance of the heating Premises contained in any leasehold mortgage then encumbering Tenant's interest in the Premises; provided, however, that for any period of time during which no leasehold mortgage encumbers Tenant's interest in the Premises but a Superior Mortgage encumbers the Real Property and/or the Premises, Tenant shall comply with the reasonable requirements of such Superior Mortgage relating to the repair and air conditioning systesm serving maintenance of the Premises. Upon request Tenant shall provide neither commit nor permit any waste or require its contractor injury to provide copies of the Premises, and shall, at Tenant's sole cost and expense, make all maintenance necessary repairs, restorations and service records replacements, interior and exterior, structural and non-structural, ordinary and extraordinary, foreseen and unforeseen, in and to Landlordany Improvements, equipment and personal property now or hereafter erected or installed in or on the Premises, including vaults, sidewalks, curbs, water, sewer and gas connections, meters, pipes and mains, and all other Fixtures now or hereafter belonging to, adjoining or connected with the Premises or used in the operation thereof. All repairs, restorations and replacements shall be performed in compliance with all Legal Requirements and Insurance Requirements. 10.2 Tenant shall obtain approval from keep the sidewalks and curbs adjoining the Premises clean and free of snow and ice, obstructions and rubbish. 10.3 Tenant shall permit Landlord and any Superior Mortgagee, prospective Superior Mortgagee or prospective purchaser of its heating Landlord's interest in the Real Property (and air conditioning contractor andthe authorized representative of each) to enter the Premises at all reasonable times, additionallyduring normal business hours, shall obtain approval with reasonable notice and without unreasonable interference with tenants, subtenants or occupants of any other contractor which may require access to the roof Premises, for the purpose of implementation permitting Landlord to exercise any right or remedy it may have pursuant to Article 17 and, not more often than once in any Lease Year, for the purpose of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting inspecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by LandlordPremises.

Appears in 1 contract

Sources: Lease Agreement (American Tissue Inc)

Repairs. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from Tenant a. By taking possession of the necessity thereofPremises, Landlord will repair the roof, structural portions and exterior of Tenant shall be deemed to have accepted the Premises (exclusive of doorsas being in good, plate glass or entrances which shall be maintained sanitary order, condition and repaired by Tenant); providedrepair. Tenant shall, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglectexpense, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of keep the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises every part thereof in good condition and repair, includingdamage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. In addition, but not limited toTenant is responsible for causing the parking areas, driveways, alleys and grounds surrounding the heatingPremises to be maintained in a good, electricalneat, air conditioning clean and sanitary condition, which includes without limitation (whether located within or without 1) promptly making all necessary repairs and replacements thereto, (2) repaving of the Premises), sprinkler and other mechanical installations serving parking areas associated with the Premises, the plumbing (3) maintenance and sewer systems serving replacement of all grass, shrubbery and other landscape treatments surrounding the Premises, (4) maintenance and repainting of the exterior and interior portions of all doors including door checks and hardwarehe Premises, (5) sewage line plumbing, and all windows(6) any other maintenance items normally associated with the foregoing. Tenant shall, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under upon the expiration or sooner termination of this Lease hereof, surrender the Premises to the Landlord in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of Tenant excepted. Except as specifically provided in an addendum, if any, to this Lease, Landlord shall have no obligation whatsoever to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth. b. Tenant, at its own cost and expenses, shall cause to be performed, in accordance with standards reasonably suitable to Landlord, regularly scheduled preventive maintenance and services on all hot water, heating and air conditioning systems and equipment within the Premises. Such maintenance and services, of equal or better qualitythe new systems to be installed, type must include all service suggested by the equipment manufacturers in their operations/maintenance manuals and style as must become effective within thirty (30) days of the item being replaced. date Tenant shall be responsible for all painting and decorating takes possession of the Premises. If Tenant will fails, with any reasonable time, to perform Tenant's maintenance, repair and replacement obligations and any other items that are otherwise its obligations under the terms of this Lease, then Landlord reserves the right to perform such obligations and require reimbursement from Tenant upon demand. c. Landlord shall repair and maintain the structural portions of the Building unless such maintenance and keep repairs are caused in good condition part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repair repairs. The cost of all such repairs (except repairs of structural and exterior work done defects) shall be included in Operating Expenses as provided in Article 7 hereof. Landlord shall not be liable for any failure to make any such repairs or installed 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. Tenant Except as provided in Article 22 hereof, there shall not permit be no abatement of rent and no liability of Landlord by reason of any waste, damage or injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pestsequipment therein. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for waives the right to make repairs at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented toexpense under any law, shall only use contractors approved by Landlordstatute or ordinance now or hereafter in effect.

Appears in 1 contract

Sources: Lease (Exabyte Corp /De/)

Repairs. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from Tenant (a) Landlord's obligation to make repairs to the Premises shall pertain only to the structural portions of the floor, ceiling, and perimeter walls, unless the necessity thereof, Landlord will repair the roof, structural portions and exterior for such repairs shall have been occasioned by Tenant or any permitted subtenant or licensee of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlordor their respective employees, shall agents, contractors or any person, firm or corporation acting on its behalf, in which event Tenant agrees to make such repairs at Tenant's sole cost and expense expense. Except in cases of an emergency, Landlord shall not be required to commence any repair until after receipt of written notice from Tenant. Tenant shall allow Landlord reasonable time in which to commence and complete such repairs. Landlord shall use reasonable efforts to make all such repairs and replacements necessitated by reason with a minimum of inconvenience, disruption, or loss of business to Tenant. (b) Except as provided in subparagraph (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contraryparagraph, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements agrees to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing fixtures and sewer systems serving equipment therein and the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep appurtenances thereto in good repair and condition and repair all structural and exterior work done or installed by at Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole 's own cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly to make all necessary repairs and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pestsreplacements thereto. Tenant shall keep and maintain the Premises in full force a first-class condition throughout the Term. Tenant shall replace all damaged glass with glass of equal quality. In the case of damage or destruction by insurable casualty or by eminent domain, the obligations of Landlord and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance Tenant shall be controlled as hereinafter provided. (c) Following initial construction of the heating and air conditioning systesm serving Premises Tenant may, at its own cost, paint, paper or change floor coverings, or otherwise alter the Premises, provided that (i) the structural integrity or value of the Building shall not be adversely affected; (ii) the cost of such alteration does not exceed Five Dollars ($5.00) per square foot; and (iii) the sprinkler system, if any, is not thereby affected. Upon request In all other instances, Tenant shall provide or require its contractor to provide copies secure prior written approval of all maintenance and service records to Landlord. Tenant shall obtain approval submit to Landlord plans and specifications for such proposed work, together with the name of the contractor and a statement of the estimated cost thereof. Prior to starting such work, Tenant agrees to deliver to Landlord a certificate of worker's compensation insurance in statutory limits from Landlord Tenant's contractor as well as evidence of its heating insurance coverages to be maintained by Tenant hereunder. Such work shall be promptly completed in accordance with such approved plans and air conditioning contractor andspecifications, additionallyapplicable laws and ordinances, shall obtain approval and rules and requirements of any other contractor which may require access Landlord's insurance carriers, subject to the roof for the purpose terms of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without LandlordTenant's prior written consent indemnity set forth under paragraph 16 hereof and if consented to, shall only use contractors approved by LandlordTenant's obligation to insure such liability under paragraph 28 hereof.

Appears in 1 contract

Sources: Lease Agreement (Webex Communications Inc)

Repairs. Except to the extent that Landlord has the obligation to rebuild pursuant to Paragraph 12 hereof, Tenant will, subject to Paragraph l1.A., at Tenant’s own expense, perform any maintenance, repairs and replacements of the Premises that are (i) caused by the neglect or misuse of Tenant, its employees, contractors, agents, invitees or licensees, or (ii) required to keep the floors, ceilings, walls, partitions, and other interior portions of the Premises which are not a part of the Building’s shared systems in good repair and tenantable condition, reasonable wear and tear excepted. If the Tenant does not commence any such required maintenance, repair or replacement within ten (10) days of the request of Landlord to do so, or if after such commencement, Tenant does not thereafter diligently pursue same to completion, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof. Landlord, as an Operating Expense (except as otherwise provided in Paragraph 5), shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities serving the Premises, in good working order, condition and repair and shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Building and the Premises, except for those repairs for which Tenant is responsible pursuant to any other provisions of this Lease. Without limiting the generality of the foregoing, Landlord shall repair and maintain, and if necessary, replace (1) building structure, foundation, roof, gutters, exterior wails, window coverings, windows, and all other exterior and structural parts of the Building, (ii) hails, stairways and entry ways, elevators and common passageways and all other common areas of the Building, (iii) elevator lobbies and restrooms on each floor of the Premises (provided Tenant has not hired its own janitorial contractor to perform such repair and maintenance), and (iv) all elements of the plumbing system, the sprinkler system, the light fixtures and electrical distribution system, the heating, ventilating and air conditioning system and any other of the Building’s shared systems located within the Premises. Nothing contained in this Paragraph 8 shall require Landlord to paint or decorate the Premises. If the Landlord does not commence any required maintenance, repair or replacement within thirty (30) days of the request of Tenant to do so (or in cases of emergency within twenty-four (24) hours after notice), or if after such commencement, Landlord does not thereafter diligently pursue same to completion, Tenant may, but need not, make such repairs and replacements, and Landlord shall pay Tenant the cost thereof within ten (10) days after notice given from Tenant to Landlord specifying such costs. Except as expressly otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from shall have no liability to Tenant of the necessity thereof, Landlord will repair the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglectany inconvenience, fault annoyance, interruption or default of Tenant injury to business arising from Landlord’s making any repairs or Tenant's agents, employees, contractors, inviteeschanges which Landlord is required or permitted by this Lease, or customers and (b) required by law, to make in or to any portion of the structural and exterior work done Building or installed by Tenant. Furtherthe Premises, and notwithstanding anything or in this Lease or to the contraryfixtures, Tenant equipment or appurtenances of the Building or the Premises, provided that Landlord shall use due diligence with respect thereto. In case of repairs or changes which are made within the Premises, unless such repairs, renewals or improvements can be made during business hours without material interference with Tenant’s business operations, Landlord shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of such repairs, alterations, other improvements or installations made by Tenant or any occupant replacements during non-business hours, except in the event of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordan emergency.

Appears in 1 contract

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

Repairs. Except as otherwise provided (a) Landlord shall keep the Common Areas of the Building and the Project in this Leasea clean and neat condition. Subject to subparagraph (b) below, Landlord shall make all necessary repairs, within a reasonable time after Landlord receives written period following receipt of notice from Tenant of the necessity thereofneed therefor from Tenant, to the exterior walls, exterior doors, exterior locks on exterior doors and windows of the Building, and to the Common Areas and to public corridors and other public areas of the Project not constituting a portion of any tenant’s premises and shall use reasonable efforts to keep all Building standard equipment used by Tenant in common with other tenants in good condition and repair and to replace same at the end of such equipment’s normal and useful life, reasonable wear and tear and casualty loss excepted. Except as expressly provided in Paragraph 9 of this Lease, there shall be no abatement of Rent and no liability of Landlord will repair by reason of any injury to or interference with Tenant’s business arising from the roofmaking of any repairs, structural portions alterations or improvements in or to any portion of the Premises, the Building or the Project. (b) Tenant, at its expense, (i) shall keep the Premises and exterior all fixtures contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors selected by Landlord, of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities, and supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in the Premises at the time of Landlord’s delivery of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by to Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall required to be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and Landlord under subparagraph (a) above with replacements of any materials to keep and maintain the interior be made by use of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be materials of equal or better quality, type and style as the item being replaced. Tenant shall be responsible do all decorating, remodeling, alteration and painting required by Tenant during the Lease Term. Tenant shall pay for all painting and decorating the cost of any repairs to the Premises. , the Building or the Project made necessary by any negligence or willful misconduct of Tenant will maintain and keep or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in good condition and repair all structural and exterior work done or installed invited to the Premises or the Project by Tenant. If Tenant fails to make such repairs or replacements within fifteen (15) days after written notice from Landlord, Landlord may at its option make such repairs or replacements, and Tenant shall not permit any wasteupon demand pay Landlord for the cost thereof. (c) Upon the expiration or earlier termination of this Lease, damage or injury Tenant shall surrender the Premises in a safe, clean and neat condition, normal wear and tear excepted. Prior to the expiration or earlier termination of this Lease, Tenant shall remove from the Premises (i) all trade fixtures, furnishings and shallother personal property of Tenant, at its sole cost except as otherwise set forth in Paragraph 4(b) of this Lease, and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, (ii) all computer and phone cabling and wiring from the Premises, keep and Tenant shall repair all damage caused by such removal, and shall restore the Premises neatto its original condition, clean reasonable wear and tear excepted. In addition to all other rights Landlord may have, in orderly and sanitary condition free of offensive odorsthe event Tenant does not so remove any such fixtures, verminfurnishings or personal property, rodents, bugs insects and other pests. Tenant shall keep be deemed to have abandoned the same, in full force and effect a maintenance contract with a reputable heating contractor providing which case Landlord may store the same at Tenant’s expense, appropriate the same for at least quarterly inspection and maintenance of itself, and/or sell the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require same in its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlorddiscretion.

Appears in 1 contract

Sources: Office Lease (Roberts Realty Investors Inc)

Repairs. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from Tenant of the necessity thereof, Landlord will repair the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost cost, keep and expensemaintain (including replacements if necessary) the Premises and every part thereof (excepting the exterior structural walls as to load bearing integrity, abat▇ ▇▇▇ nuisance uponwhich Landlord will maintain, or emanating fromand the roof, including but not limited to flashings, rain leaders and downspouts, which Landlord will maintain subject to reimbursement from Tenant pursuant to Paragraph 7(b) hereof) and all appurtenances including glazing, vestibules, any store front (including bulkheads), and the interior of the Premises, keep and all equipment and trade fixtures therein (regardless of whether installed or paid for by Landlord, as part of Landlord’s Work or otherwise, and further regardless of whether the Premises neatsame shall constitute Landlord’s property pursuant to Paragraph 12 above), clean including replacements of such equipment and trade fixtures if necessary, in orderly clean, good and sanitary order, condition free and repair, and Tenant expressly waives any and all rights it might otherwise have under the law to make repairs or replacements at the expense of offensive odors, vermin, rodents, bugs insects and other pestsLandlord. Tenant shall keep its sewers and drains (and use the same only for designated purposes) open and clear and shall keep the sidewalks and Common Areas adjacent to the Premises clean and free of all debris. Tenant agrees that it will paint, varnish, wallpaper, or otherwise redecorate or renovate the interior and storefront of the Premises and Tenant’s trade fixtures when necessary to maintain the Premises in full a first-class condition. By taking possession of the Premises, Tenant accepts them as being in good and sanitary order, condition and repair and agrees, on the last day of the Term, or at any sooner termination of this Lease, to surrender the Premises to Landlord with such appurtenances in the same condition as at the Rent Commencement Date, but with reasonable use, wear and tear, or damage by fire, act of God or by the elements excepted; and Tenant also agrees to remove all of its signs and trade fixtures from the Premises, restoring any damage caused by such removal. During the Term of this Lease, Tenant shall keep in force and effect a preventative maintenance contract with a reputable qualified mechanical contractor covering any heating contractor providing for at least quarterly and air conditioning equipment which serves the Premises exclusively and shall provide to Landlord, not later than thirty (30) days following the Rent Commencement Date, a copy of such contract. At the expiration or earlier termination of the Lease Term Landlord will cause an inspection and maintenance of the heating and air conditioning systesm serving equipment in the PremisesPremises by Tenant’s mechanical contractor, or if Tenant does not have a service contract in force, by a contractor of Landlord’s selection, and obtain a cost estimate to bring such equipment to good working order if defects are noted, and Tenant agrees to pay to Landlord on demand an amount equal to 75% of such total cost estimate, which share shall be deemed to be Tenant’s deferred repair obligation after excepting fair wear and tear. Upon request Tenant shall provide or require Landlord may, at its contractor to provide copies election, obtain directly the aforesaid preventative maintenance contract and include the cost thereof in Tenant’s share of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor andCommon Area Charges, additionally, shall obtain approval of any other contractor which may require access to except that the roof for the purpose of implementation cost of any repairs or improvementsmade pursuant to said contract shall be reimbursed by Tenant to Landlord within thirty (30) days after Landlord’s written demand. Notwithstanding anything to the contrary contained in this Paragraph 38, Tenant shall in no event perforate not be responsible for the performance or do any work on cost of maintenance or affecting repair necessitated by the roof gross negligence or willful misconduct of the Premises without Landlord's prior written consent and if consented toLandlord or its agents, shall only use contractors approved by Landlordemployees or contractors.

Appears in 1 contract

Sources: Retail Lease (Circle Bancorp)

Repairs. Except Tenant shall at all times keep the leased premises, all of Tenant’s leasehold improvements, exterior walls and entrances, all glass, and window moldings, parking areas (including snow removal, striping, seal-coating thereof and the surface thereof) and all partitions, floors, fixtures, equipment and appurtenances thereof (including lighting, light bulbs and ballasts, heating and plumbing fixtures, heating and air conditioning systems which are located in or about the leased premises) in good order, condition, replacement and repair (including reasonable periodic painting as otherwise provided in this Leasemay be required, within a reasonable time after of which requirement Landlord receives written notice from Tenant shall be the judge). Structural portions of the necessity thereof, Landlord will repair building shall be the roofresponsibility of Landlord. For purposes of this Article, structural portions and exterior of the Premises (exclusive building shall include the outer walls, roof, foundation and supporting members of doorsthe building structure of which the leased premises constitute a part. Tenant shall secure maintenance contracts or other contracts for all heating, plate glass venting, and air conditioning systems constituting a part of the leased premises in order to assure that Tenant’s obligations pursuant to this Lease. If Tenant refuses or entrances which neglects to reasonably maintain, replace or repair the leased premises as required hereunder as soon as reasonably possible after written demand, Landlord may make such repairs or replacements or provide for such maintenance without liability to Tenant, for any loss or damage that may accrue to Tenant’s merchandise, trade fixtures, fixtures, leasehold improvements or other property or to Tenant’s business and the cost to the Tenant shall be maintained the Landlord’s cost plus 15% for overhead and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole said cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenantpayable as additional rent, upon presentation of a b▇▇▇ from the Landlord. Tenant, at Tenant's expense, shall make all repairs Tenant has inspected the leased premises and replacements to keep and maintain the interior of the Premises in good is thoroughly acquainted with its condition and repair, including, but not limited to, agrees to take Tenant leasehold the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler same in an “AS-IS” condition and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating complete any initial improvements at Tenant’s costs and expense which leasehold improvements are specifically itemized in the attached Exhibit A. Landlord has made no representation or promises with respect to the physical condition of the Premises. leased premises or any other matter relating thereto and Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall acknowledges that it has not permit any waste, damage or injury relied upon statements of Landlord as to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordleased premises.

Appears in 1 contract

Sources: Lease Agreement (Wireless Ronin Technologies Inc)

Repairs. Except as otherwise provided Landlord shall maintain in this Lease, within a reasonable time after Landlord receives written notice from Tenant first-class condition and operating order and keep in good repair and condition the structural portions of the necessity thereofBuilding, Landlord will repair including the rooffoundation, structural portions floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men’s and women’s washrooms, Building mechanical, electrical and telephone closets, and all common and public areas servicing the Building, including the parking areas, landscaping and exterior of Project signage (collectively, “Building Structure”) and the Premises Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (exclusive of doorscollectively, plate glass or entrances which shall be maintained the “Building Systems”) and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by TenantProject Common Areas. Further, and notwithstanding Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant’s use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided, however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) business days thereafter, but need not, make any repairs and replacements, and Tenant shall pay Landlord the out-of-pocket costs thereof, plus ten percent (10%) of such out-of-pocket costs thereof to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Subject to the property which Landlord's is terms of Article 27 below, Landlord may, but shall not be required to, enter the Premises at all reasonable times to maintain which are required as the result of make such repairs, alterations, other improvements or installations made by Tenant or any occupant of additions to the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically Project or to any equipment located in the obligation of Project as Landlord may be allowed to do under this Lease or required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for emergencies, any such entry into the Premises by Landlord shall be made by performed in a manner so as not to materially interfere with Tenant. Tenant’s use of, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited or access to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain hereby waives any and keep in good condition all rights under and repair all structural benefits of subsection 1 of Section 1932 and exterior work done Sections 1941 and 1942 of the California Civil Code or installed by Tenant. Tenant shall not permit under any wastesimilar law, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance uponstatute, or emanating from, the Premises, keep the Premises neat, clean and ordinance now or hereafter in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordeffect.

Appears in 1 contract

Sources: Sublease Agreement (Okta, Inc.)

Repairs. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from Tenant of the necessity thereof, Landlord will repair the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenantshall, at Tenant's expenseits sole cost, shall make all repairs and replacements to keep and maintain the Leased Premises and appurtenances and every part thereof (excepting foundations, exterior walls, exterior glass and frames (to extent installed by Landlord) and structural elements including roofs which Landlord agrees to repair) including by way of illustration and not by way of limitation all windows, doors, any store front and the interior of the Leased Premises, including all plumbing, heating, air conditioning, sewer, electrical systems and all fixtures and all other similar equipment serving the Leased Premises in good condition and sanitary order, condition, and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler reasonable wear and other mechanical installations serving the Premises, the plumbing tear and sewer systems serving the Premises, the exterior fire and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replacedcasualty excepted. Tenant shall be responsible for all painting and decorating pest control within the Leased Premises, including, but not limited to the eradication of any ants or termites should infestation be observed during the term of the PremisesLease. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost cost, keep and expensemaintain all utilities, abat▇ ▇▇▇ nuisance uponfixtures and mechanical equipment used by Tenant in good order, condition, and repair, reasonable wear and tear and fire and casualty excepted. All windows shall be washed and cleaned as often as necessary to keep them clean and free from smudges and stains. In the event Tenant fails to maintain the Leased Premises as required herein or fails to commence repairs (requested by Landlord in writing) within thirty (30) days after such request, or emanating fromfails diligently to proceed thereafter to complete such repairs, Landlord shall have the Premisesright in order to preserve the Leased Premises or portion thereof, keep and/or the Premises neatappearance thereof, clean to make such repairs or have a contractor make such repairs and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. charge Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose cost thereof as additional rent, together with interest at the rate of implementation twelve percent (12%) per annum from the date of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordmaking such payments.

Appears in 1 contract

Sources: Lease Agreement (Visible Genetics Inc)

Repairs. Except as otherwise provided (a) Landlord shall keep the Common Areas of the Building and the Project in this Leasea clean and neat condition. Subject to subparagraph (b) below, Landlord shall make all necessary repairs, within a reasonable time after Landlord receives written period following receipt of notice from Tenant of the necessity thereofneed therefor from Tenant, to the exterior walls, exterior doors, exterior locks on exterior doors and windows of the Building, and to the Common Areas and to public corridors and other public areas of the Project not constituting a portion of any tenant's premises and shall use reasonable efforts to keep all Building standard equipment used by Tenant in common with other tenants in good condition and repair and to replace same at the end of such equipment's normal and useful life, reasonable wear and tear and casualty loss excepted. Except as expressly provided in Paragraph 9 of this Lease, there shall be no abatement of Rent and no liability of Landlord will repair by reason of any injury to or interference with Tenant's business arising from the roofmaking of any repairs, structural portions alterations or improvements in or to any portion of the Premises, the Building or the Project. (b) Tenant, at its expense, (i) shall keep the Premises and exterior all fixtures contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors selected by Landlord, of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities, and supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in the Premises at the time of Landlord's delivery of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by to Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is Premises not required to maintain which are required as the result of repairs, alterations, other improvements or installations be made by Landlord under subparagraph (a) above with replacements of any materials to be made by use of materials of equal or better quality. Tenant shall do all decorating, remodeling, alteration and painting required by Tenant during the Lease Term. Tenant shall pay for the cost of any repairs to the Premises, the Building or the Project made necessary by any negligence or willful misconduct of Tenant or any occupant of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in or invited to the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made Project by Tenant. TenantIf Tenant fails to make such repairs or replacements within thirty (30) days after written notice from Landlord, Landlord may at its option make such repairs or replacements, and Tenant shall upon demand pay Landlord for the cost thereof. (c) Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in a safe, clean and neat condition, normal wear and tear excepted. Except as otherwise set forth in Paragraph 4(b) of this Lease, Tenant shall remove from the Premises all trade fixtures, furnishings and other personal property of Tenant and all computer and phone cabling and wiring from the Premises, shall repair all reasonable damage caused by such removal. In addition to all other rights Landlord may have, in the event Tenant does not so remove any such fixtures, furnishings or personal property, Tenant shall be deemed to have abandoned the same, in which case Landlord may store the same at Tenant's expense, shall make all repairs and replacements to keep and maintain appropriate the interior of same for itself, and/or sell the Premises same in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlorddiscretion.

Appears in 1 contract

Sources: Lease (INSURE.COM, Inc)

Repairs. Except as otherwise provided in Throughout the term of this Leaselease, within a reasonable time after Landlord receives written notice from Tenant of the necessity thereofLandlord, Landlord will repair the roofat Landlord's expense, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease responsible to the contrary, Tenant shall make all repairs and replacements to the property structure (including foundation, utility lines and equipment and exterior walls) and roof (including decking and coverings) and shall be responsible to maintain the exterior of the building in which the leased premises is located, including landscaped and parking areas and entrance way and adjacent steps, in good condition and repair, subject to reimbursement by Tenant as provided in Section 10 hereof. During the first twelve (12) months after the Commencement Date, Landlord, at Landlord's is required expense, shall be responsible to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, make all repairs and replacements to the Premises not specifically HVAC system, without reimbursement by Tenant as provided in Section 10 hereof. Tenant agrees, throughout the term of this lease, to take good care of the leased premises and fixtures and the appurtenances therein and shall make, at its own expense, repairs and replacements required to keep the leased premises, HVAC systems servicing the leased premises exclusively (subject to Landlord's obligation during the first twelve (12) months of the term hereof), fixtures, plumbing and electrical systems and related fixtures and equipment in good working order and condition, and Tenant will be responsible for all glass breakage and damage due to sprinkler leakage. Landlord under this Lease at Landlord's expense, will maintain the lawn and all landscaping in good condition and will remove all snow and ice from all parking areas, driveways, steps, walkways and sidewalks, including sidewalks and driveways adjacent to the leased premises and all of the common areas. Landlord shall be made by Tenantassign to Tenant all warranties and guarantees relating to the leased premises. TenantTenant shall maintain, at Tenant's expense, shall make all repairs from and replacements after the Commencement Date, an annual maintenance contract for the HVAC system with a reputable contractor reasonably satisfactory to keep Landlord, and maintain Tenant will furnish Landlord, prior to the interior commencement date of the Premises in good condition contract or prior to its annual renewal date, a copy of the maintenance contract and evidence of payment of the annual charge. However, Tenant will have no obligation to repair, includingreplace, service or maintain those HVAC units which are intended to service the leased premises exclusively but which units Tenant elects not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaceduse. Tenant shall maintain, at its own expense, all light bulbs, fluorescent tubes and lighting fixtures in the leased premises, including all component parts such as starters, ballasts, and lenses or grills. All repairs made by Tenant shall be responsible for all painting and decorating of at least equal in quality to the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenantoriginal work. Tenant shall not permit any wastemake such alterations, damage additions or injury improvements as may be permitted pursuant to the Premises Section 18 of this lease and shall, at its sole cost all repairs only between such hours and expense, abat▇ ▇▇▇ nuisance upon, by such contractors or emanating from, the Premises, keep the Premises neat, clean and mechanics as may be approved in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved writing by Landlord, which approval shall not be unreasonably withheld or delayed.

Appears in 1 contract

Sources: Lease Agreement (Bei Medical Systems Co Inc /De/)

Repairs. Except ▇▇▇▇▇▇▇▇ agrees to maintain in good condition, and repair as otherwise provided in this Leasenecessary the foundations, within a reasonable time after Landlord receives written notice from Tenant exterior walls and the roof of the necessity thereofPremises. ▇▇▇▇▇▇ agrees that it will make, Landlord will repair the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole its own cost and expense make expense, all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall required to be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repairLandlord, including, but not limited to, all interior repairs, and the heating, electricalair conditioning, air conditioning (whether located within or without plumbing and electrical systems servicing the Premises). Tenant agrees to do all redecorating, sprinkler and other mechanical installations serving the Premisesremodeling, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardwarealteration, and all windowspainting required by it during the term of the Lease at its own cost and expense, frames to pay for any repairs to the Premises or the Real Estate made necessary by any negligence or carelessness of Tenant or any of its agents or employees or persons permitted on the Real Estate by Tenant, and glass; to maintain the Premises in a safe, clean, neat, and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replacedsanitary condition. Tenant shall be responsible entitled to no compensation for all painting inconvenience, injury, or loss of business arising from the making of any repairs by Landlord, Tenant, or other tenants to the Premises or the Real Estate Tenant agrees to keep the heating, ventilating, and decorating conditioning (HVAC) system covered under a preventive maintenance contract at Tenant’s expense through the entire Lease Term and any renewal or extension terms of this Lease. Tenant shall enter into a standard maintenance contract, annually written at normal and customary rates, for the servicing of the PremisesHVAC system serving the entire Premises that provides for, at a minimum, (i) inspection, cleaning and testing at least quarterly, (ii) any servicing, maintenance repair or replacement of filters, belts or other items covered by such a standard contract, and (iii) an annual service report at the end of each calendar year. Such annual report shall be provided to Landlord within three (3) days of request; time being of the essence. Tenant will shall deliver a copy of the service contract to Landlord within ten (10) days after request. If Tenant fails to maintain the service contract, Landlord may do so and keep in good condition and repair all structural and exterior work done or installed by pass these costs along to Tenant. Tenant shall not permit any waste, damage or injury to pay the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free thereof within ten (10) days after receipt of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordsame.

Appears in 1 contract

Sources: Business Property Lease (CleanCore Solutions, Inc.)

Repairs. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from SECTION 10.01. Tenant of the necessity thereof, Landlord will repair the roof, structural portions and exterior shall take good care of the Premises (exclusive of doorsand, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense expense, shall make all repairs and replacements, as and when needed to preserve the Premises in good working order and condition, except that Tenant shall not be required to make any structural repairs or structural replacements to the Building and the Building systems serving the Premises unless necessitated or occasioned by reason the acts, omissions or negligence of (a) Tenant, or any of Tenant's Responsible Parties, or by the neglect, fault specific use or default occupancy or manner of use or occupancy of the Premises by Tenant or any such person beyond ordinary wear and tear, in such cases, Landlord may make or cause such structural repairs or structural replacements to be made, but shall not be obligated to do so, and Tenant agrees to pay to Landlord promptly upon Landlord's demand as Additional Rent, the cost of such repairs or replacements. In the event Landlord elects not to make such repairs or replacements caused by Tenant's agentsnegligence, employees, contractors, invitees, Landlord may require Tenant to make such repairs or customers replacements at Tenant's sole cost and (b) the structural and exterior work done or installed by Tenantexpense. Further, and notwithstanding anything in this Lease to the contraryFurthermore, Tenant shall shall, at Tenant's sole cost and expense, maintain and make all repairs and replacements to the property which water fountain in the Premises. On the Commencement date, Landlord shall Fountain in the Premises in good working order. SECTION 10.02. Landlord's is required to , at its expense, shall keep and maintain which are required as the result of repairs, alterations, other improvements or installations made Building (including the roof by Tenant or any occupant excluding those portions of the Premises or the agents of any of them. All maintenanceother tenant's premises, repairs and replacements to the Premises not specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenant, at Tenant's expense, shall make all repairs and replacements extent that Tenant or other tenants are required to keep and maintain the interior of the Premises in good condition and repair, including, but not limited tothem under leases with Landlord), the heatingCommon Areas and the fixtures, electricalappurtenances, air conditioning (whether located within or without the Premises), sprinkler systems and other mechanical installations facilities serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good working order, condition and repair and shall make all structural necessary repairs other than those specifically required by this Lease to be made by the Tenant, and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury generally maintain and provide services to the Premises and shallBuilding consistent with the standards of comparable first-class commercial officer buildings in the Greenwich, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by LandlordConnecticut area.

Appears in 1 contract

Sources: Lease (Franchise Mortgage Acceptance Co)

Repairs. Except as otherwise provided in this Lease, within a reasonable time after Landlord receives written notice from Tenant shall maintain all of the necessity thereofdemised Premises, Landlord will repair excluding the Building, and shall maintain the roof, exterior structural portions walls, foundation as to load bearing integrity, fire sprinklers, electrical panels, and exterior HVAC system. All of Landlord's costs of maintenance shall be subject to reimbursement pursuant to paragraph 5 hereof. Tenant shall, at its sole cost, keep and maintain (including replacements if necessary) the Building, and every part thereof (except as noted in the preceding paragraph) and all appurtenances in clean, good and sanitary order, condition and repair, and Tenant expressly waives any and all rights it might otherwise have under the law to make repairs or replacements at the expense of the Premises (exclusive of doors, plate glass or entrances which shall be maintained and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated by reason of (a) the neglect, fault or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease to the contrary, Tenant shall make all repairs keep its sewers and replacements to drains (and use the property which Landlord's is required to maintain which are required as same only for designated purposes) open and clear and shall keep the result of repairs, alterations, other improvements or installations made by Tenant or any occupant of the Premises or the agents of any of them. All maintenance, repairs sidewalks and replacements Common Areas adjacent to the Premises not specifically the obligation clean and free of Landlord under this Lease shall be made by Tenantall debris. TenantTenant agrees that it will paint, at Tenant's expensevarnish, shall make all repairs and replacements to keep and maintain wallpaper, or otherwise redecorate or renovate the interior of the Premises and Tenant's trade fixtures when necessary to maintain the Premises in a first-class condition. Landlord for the benefit of Tenant will enforce all rights to repair or replacement of defective work under contracts for the construction of the Building or Tenant's Improvements. On the last day of the term, or at any sooner termination of this Lease, Tenant shall also surrender to Landlord the Premises in good and sanitary condition and repair, includingbut with reasonable use, but not limited towear and tear, or damage by fire, act of God or by the heating, electrical, air conditioning (whether located within or without elements excepted; and Tenant also agrees to remove all of its signs and trade fixtures which Tenant has the Premises), sprinkler and other mechanical installations serving right to remove from the Premises, restoring any damage caused by such removal. Repairs to the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is premises required to make be made by Tenant under the provisions of this lease must be completed whether or not they are due to either conditions existing upon the commencement of the lease, or use during the term of the lease. During the term of this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit any waste, damage or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free of offensive odors, vermin, rodents, bugs insects and other pests. Tenant Landlord shall keep in full force and effect a preventative maintenance contract contracts with a reputable heating contractor providing for at least quarterly inspection and maintenance of the qualified contractors covering all heating and air conditioning systesm serving equipment and elevator equipment which serves the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval of any other contractor which may require access to the roof for the purpose of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlord.

Appears in 1 contract

Sources: Lease Agreement (Fair Isaac & Company Inc)

Repairs. Except to the extent Landlord is expressly obligated under this Lease, and subject to Paragraphs 16(g) and 21, Tenant, shall, throughout the Term of this Lease, keep the interior, non-structural portions of the Premises, including all fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term, which repair obligations shall include, without limitation, the obligation to promptly and adequately repair all damage to the interior, non-structural portions of the Premises and replace or repair all damaged or broken fixtures, together with all portions of the HVAC, electrical, plumbing, and lab systems solely serving the Premises from the point that such systems solely serve the Premises and all portions of all fume hoods and other exhaust systems located within the Premises (all such systems collectively being referred to as the “Premises Systems”), in good condition and repair. Tenant’s obligations shall include restorations, replacements or renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and all improvements thereon or a part thereof and the Premises Systems in good order, condition and repair and in compliance with all applicable laws. Tenant’s maintenance of the Premises Systems shall comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for industry standard maintenance contracts for the HVAC system installed by Tenant that solely serves the ground floor portion of the Premises (“Tenant’s Dedicated HVAC”) in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, reasonably satisfactory to Landlord. Tenant shall be solely responsible for the cost of all improvements or alterations to the Premises that are required by Tenant’s specific use of the Premises and/or triggered by reason of alterations or improvements to the Premises made by Tenant or the Premises Systems. Notwithstanding the foregoing, if Tenant fails to make such repairs and the same constitutes a Tenant’s Default under Paragraph 25(c), Landlord may, but need not, make such repairs, and Tenant shall pay Landlord the actual, documented out-of-pocket costs thereof. Subject to Paragraphs 16(g) and 21, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Tenant shall also repair all damage to the Building and the Premises caused by the moving of Tenant’s fixtures, furniture and equipment. Subject to Paragraphs 16(g) and 21, Landlord shall maintain in good working order, condition and repair the exterior and the structural portions of the Building (including all foundations, floor and ceiling slabs, load bearing walls, roof and roof membrane), including the structural portions of the Premises, and the public portions (i.e., common areas) of the Building interior and the Land, the parking facilities serving the Building, and the Building plumbing, sewer, electrical, heating, air conditioning and ventilating systems serving the Premises. If Tenant acquires actual knowledge of any condition in the Premises which Tenant believes this Paragraph obligates Landlord to repair, Tenant will promptly give Landlord notice thereof. Except as otherwise provided in this LeaseParagraph 12, within a reasonable time after Landlord receives written notice from Tenant of the necessity thereof, Landlord will repair the roof, structural portions and exterior of the Premises (exclusive of doors, plate glass or entrances which there shall be maintained no allowance to Tenant for diminution of rental value and repaired by Tenant); provided, however, that Tenant, not Landlord, shall at Tenant's sole cost and expense make all repairs and replacements necessitated no liability on the part of Landlord by reason of (a) the neglectinconvenience, fault annoyance or default of Tenant or Tenant's agents, employees, contractors, invitees, or customers and (b) the structural and exterior work done or installed by Tenant. Further, and notwithstanding anything in this Lease injury to the contrary, Tenant shall make all repairs and replacements to the property which Landlord's is required to maintain which are required as the result of business arising from Landlord making repairs, alterations, other additions or improvements (collectively, the “Work”) in or installations made by Tenant to any portion of the Building or any occupant of the Premises or the agents of any of them. All maintenance, repairs in and replacements to the Premises not fixtures, appurtenances or equipment thereof. It is specifically the obligation of Landlord under this Lease shall be made by Tenant. Tenantagreed that, at Tenant's expenseexcept as specifically set forth in Paragraph 12 hereof, shall make all repairs and replacements to keep and maintain the interior of the Premises in good condition and repair, including, but not limited to, the heating, electrical, air conditioning (whether located within or without the Premises), sprinkler and other mechanical installations serving the Premises, the plumbing and sewer systems serving the Premises, the exterior and interior portions of all doors including door checks and hardware, and all windows, frames and glass; and Tenant shall promptly replace all broken and cracked glass. Any replacements Tenant is required to make under this Lease shall be of equal or better quality, type and style as the item being replaced. Tenant shall be responsible for all painting and decorating of the Premises. Tenant will maintain and keep in good condition and repair all structural and exterior work done or installed by Tenant. Tenant shall not permit be entitled to any waste, damage setoff or injury to the Premises and shall, at its sole cost and expense, abat▇ ▇▇▇ nuisance upon, or emanating from, the Premises, keep the Premises neat, clean and in orderly and sanitary condition free reduction of offensive odors, vermin, rodents, bugs insects and other pests. Tenant shall keep in full force and effect a maintenance contract with a reputable heating contractor providing for at least quarterly inspection and maintenance of the heating and air conditioning systesm serving the Premises. Upon request Tenant shall provide or require its contractor to provide copies of all maintenance and service records to Landlord. Tenant shall obtain approval from Landlord of its heating and air conditioning contractor and, additionally, shall obtain approval Rent by reason of any failure of Landlord to comply with the covenants of this or any other contractor which may require access to the roof for the purpose article of implementation of any repairs or improvements. Tenant shall in no event perforate or do any work on or affecting the roof of the Premises without Landlord's prior written consent and if consented to, shall only use contractors approved by Landlordthis Lease.

Appears in 1 contract

Sources: Office Building Lease (Veracyte, Inc.)