Repairs. (a) Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.
Appears in 1 contract
Sources: Lease Agreement (Tenera Inc)
Repairs. Tenant shall at all times keep the leased premises, all of Tenant's leasehold improvements, including maintenance of walls and entrances, all glass and window moldings and all partitions, floors, fixtures, equipment and appurtenances thereof (a) Landlord shall maintain 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 order, condition, replacement and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other . Structural portions of the Building building shall be the responsibility of Landlord. For purposes of this Article, structural portions of the building shall include the outer walls, roof, foundation and supporting members (bearing walls) of the building structure of which the leased to other tenants)premises constitute a part. Landlord represents and warrants that, as of the Building parking facilitiesdate of mutual execution of this Lease, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by best of Landlord's knowledge the intentional acts or negligence structural portions of Tenant or its agentsthe building are sound and that existing plumbing, contractorsheating, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant electrical and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demandmechanical systems in the building are in working condition. Landlord shall not use commercially reasonable efforts to minimize disturbance to Tenant's business operations in performing any structural repairs to the building, and all such repairs shall be made by Landlord in a good, workmanlike manner. Tenant shall secure maintenance contracts or other similar contracts for all heating, venting and air conditioning systems constituting a part of the leased premises in order to assure Tenant's performance of such obligations pursuant to this Lease. In the alternative, Tenant may utilize qualified in-house personnel to effectuate any necessary repairs and/or maintenance of the aforesaid. If Tenant refuses or neglects to reasonably maintain, replace or repair the leased premises as required hereunder as soon as reasonably possible after written demand, Landlord may , after prior written notice to Tenant (except in the case of an emergency), make any such repairs or replacements or provide for such maintenance without liability to Tenant, for any loss or damage that may accrue to Tenant's merchandise, trade fixtures, fixtures, leasehold improvements or other property or to Tenant's business. The cost to Tenant shall be Landlord's cost plus 10% for overhead and said cost shall be payable as additional rent, upon presentation of a bill from Landlord. Landlord represents and warrants that, to ▇▇▇ best of its knowledge, the existing mechanical, sprinkler, electrical, plumbing and fire safety systems of the building are in proper working order as of the date of mutual execution of this Lease by Landlord and Tenant and that the leased premises complies with the American with Disabilities Act and all applicable Environmental Laws. Tenant has inspected the leased premises and is thoroughly acquainted with its condition and agrees (subject to Landlord's representation and warranty set forth in the prior sentence) to take Tenant leasehold the same in an "AS-IS" condition and Tenant shall be responsible and complete any improvements at Tenant's cost and expense. Any contractors used by Tenant must be reasonably approved in advance by Landlord in writing. Landlord hereby approves McGough Construction as general contractor for Tenant's improvements; ▇▇▇▇▇ded, that Landlord hereby reserves the right to approve the planned improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to leased premises proposed by Tenant. To the fullest extent permitted by lawExcept as expressly set forth in this Article 6, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise representation or promises with respect to alter, remodel, improve, repair, decorate or paint the Demised Premises physical condition of the leased premises or any part thereof, other matter relating thereto and Tenant acknowledges that it has not relied upon statements of Landlord as to the condition of the leased premises except as specifically and expressly herein set forthforth above.
Appears in 1 contract
Sources: Lease (Atmi Inc)
Repairs. (a) Subject to the provisions of Article 6 hereof, Landlord shall perform all maintenance and make all repairs or replacement necessary to maintain the structural, plumbing, HVAC and electrical systems (including replacement of light bulbs, ballasts and fixtures), exterior doors and windows, roof, exterior walls, demising walls and floor (but excluding interior ceiling, wall and floor finishes), common areas and utility lines and connections servicing the Premises, the Building or the Development in good order and repair, subject condition. Landlord shall commence such repairs as promptly as the circumstances reasonably permit and thereafter shall diligently pursue the same to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areascompletion with reasonable promptness. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance anything contained in this Lease to the foregoing contrary, Tenant shall be responsible, at its sole cost and expense, for any maintenance, repairs and replacements made by the Landlord which are necessitated by the intentional acts negligent acts, misuse or negligence willful misconduct of Tenant or Tenant, its agents, contractors, employees, employees or invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________.
(b) Except as the Landlord is obligated for repairs as provided hereinabove, Tenant covenants shall make at Tenant's sole cost and agrees that it will take good care expense, all repairs necessary to maintain the Premises and shall keep the Premises and the fixtures therein in neat, clean, safe and orderly condition. Without limiting the generality of the Demised Premises foregoing, any maintenance, repairs or replacements of all lab equipment contained in the lab space portion of the Premises, including without limitation all water treatment systems and all alterationsvacuum equipment, additions and improvements thereto and will keep and maintain desired by Tenant shall be the responsibility of Tenant. If the Tenant refuses or neglects to make such repairs, or fails to diligently prosecute the same in good condition and repairto completion, except for normal wear and tear. Tenant shall at once reportafter written notice from Landlord of the need therefore, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to may make such repairs at the expense of Tenant and such expense, along with a fifteen (15%) percent service charge, shall be collectible as additional rent.
(c) Landlord shall not be liable by reason of any injury to or interference with T▇▇▇▇▇'s business arising from the making of any repairs in lieu thereof accordance with this Article 16 in or to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or the Building and Development or to any part thereofappurtenances or equipment therein; provided that Landlord shall interfere as little as reasonably practicable with the conduct of T▇▇▇▇▇'s business in the performance of the foregoing. There shall be no abatement of Rent because of such repairs, except as specifically and expressly herein set forthprovided in Article 20 hereof.
Appears in 1 contract
Sources: Office Lease Agreement (Cognition Therapeutics Inc)
Repairs. (a) Landlord Tenant shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterationsfixtures therein and, additions and improvements thereto and will keep and maintain subject to the same in good condition and repairprovisions of Article 4 hereof, shall, except for normal ordinary wear and tear, make all repairs in and about the Demised Premises necessary to preserve them in good order and condition, which repairs shall be in quality and class equal to the original work. Landlord, however, shall repair the Building plumbing, heating, ventilating or air conditioning and electrical systems and make structural repairs within the Demised Premises arising from ordinary wear and tear or through causes over which Tenant has no control, except as otherwise provided in this Lease. Landlord may repair, at the expense of Tenant, all damage or injury to the Demised Premises, or to the Building and its fixtures, appurtenances or equipment or to any of the areas used in connection with the operation of the Building, done by Tenant or Tenant's agents, servants, employees, contractors, visitors or licensees or caused by moving property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or resulting from fire, heating, ventilating or air conditioning unit or system, short circuits, overflow or leakage of water, steam, gas, sewer gas, sewage or odors, or by frost or by bursting or leaking of pipes or plumbing works, or gas, or from any other cause, due to the carelessness, negligence, or improper conduct of Tenant or Tenant's agents, servants, employees, contractors, visitors or licensees. Landlord shall have the right to replace, at once reportthe expense of Tenant, any and all plate and other glass damaged or broken from any cause whatsoever in writingor about the Demised Premises unless caused by or due to the sole negligence of Landlord, Landlord's agents, servants or employees. Except as provided in Article 10 hereof, there shall be no allowance to Tenant for a diminution of rental value, and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from the making of, or the failure to make, any defective repairs, alterations, decorations, additions or dangerous condition known improvements in or to Tenantany portion of the Building or any of the areas used in connection with the operation thereof, or the Demised Premises, or in or to fixtures, appurtenances or equipment, or by reason of the act or neglect of Tenant or any other tenant or occupant of the Building; and in no event shall Landlord be responsible for any incidental or consequential damages arising or alleged to have arisen from any of the foregoing matters. To the fullest extent permitted by law, Tenant hereby waives all rights under the provisions of Sections 1932, 1933, 1941 and 1942 of the Civil Code of the State of California and all rights under any law in existence during the Term of this Lease authorizing a tenant to make repairs at the expense of Landlord a landlord or in lieu thereof to vacate terminate a lease upon the Demised Premises as may be provided by any law, statute complete or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint partial destruction of the Demised Premises or any part thereof, except as specifically and expressly herein set forthleased premises.
Appears in 1 contract
Sources: Office Lease (PDF Solutions Inc)
Repairs. (a) a. Subject to Tenant's right to inspect the Premises prior to occupancy thereof and submit a "Punch List" to Landlord shall maintain in good order and repairaccordance with Paragraph 32 of this Lease, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions by taking possession of the Building leased to other tenants)Premises, the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder to have accepted the Premises as being in good, sanitary order, condition and shall be reimbursed by repair. Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to shall, at Tenant's sole cost and expense, keep the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same every part thereof in good condition and repair, except for normal damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and teartear excepted. Tenant shall at once reportshall, upon the expiration or sooner termination of this Lease hereof, surrender the Premises to the Landlord in writinggood 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 any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has shall have no obligation and has made no promise whatsoever to alter, remodel, improve, repair, decorate or paint the Demised 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 and expressly herein set forth.
b. Landlord shall repair and maintain the structural portions of the Building, including the roof, basic plumbing, air conditioning, heating, and electrical and sprinkler systems installed or furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. The cost of all such repairs (except repairs of structural defects) shall be included in Operating Expenses as provided in Article 7 hereof. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Except in the event of an emergency, Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.
Appears in 1 contract
Sources: Lease Agreement (Vstream Inc /Co)
Repairs. If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment, and subject to all other terms of this Article, restore the Premises, the Common Areas and the portions of the Project serving the Premises and Tenant shall assign to Landlord all insurance proceeds payable to Tenant as to the Tenant Improvements and any Alterations to be used solely for restoring such Tenant Improvements and Alterations (and not the Building or Project in general); provided that if the cost of the restoration of the Tenant Improvements and any Alterations by Landlord exceeds the amount of Tenant’s insurance proceeds therefor, as assigned by Tenant to Landlord, such excess shall be paid by Tenant (“Tenant’s Contribution”) to Landlord prior to Landlord’s restoration thereof. Notwithstanding the foregoing, Tenant may elect to modify or otherwise reduce the scope of such Tenant Improvements or Alterations so as to minimize any Tenant’s Contribution. Subject to the foregoing, such restoration shall be to substantially the same condition of such items as prior to the casualty, except for modifications (a) Landlord required by Law; or (b) to the Common Areas reasonably deemed desirable by Landlord, and which are consistent with the character of the Project. No such modifications shall maintain in good order materially impair use of or access to the Premises and any Common Areas serving the Premises. Tenant shall be responsible, at its sole cost and expense, for the repair, subject to normal wear restoration, and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions replacement of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demandTenant’s Property. Landlord shall not be required to make liable for any repairs loss of business, inconvenience, or improvements annoyance arising from any casualty or any repair or restoration of any portion of the Premises or the Project as a result of any damage from any casualty. All work by Tenant shall be subject to the Demised Premises except structural repairs necessary for safety terms and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care conditions of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthArticle 11.
Appears in 1 contract
Repairs. (a) Landlord shall maintain Tenant shall, at Tenant’s own expense, keep the Leased Premises in good order order, repair and repaircondition at all times during the Term, subject and Tenant shall promptly and adequately repair all damage to normal wear the Leased Premises and tear replace or repair all damaged or broken fixtures and appurtenances under the supervision and subject to casualty the approval of Landlord within any reasonable period of time specified by Landlord. In addition, Tenant shall, at Tenant’s expense, make all repairs, installations and condemnationadditions to the Leased Premises as may be required by any law, ordinance, regulation or ruling of any governmental authority having jurisdiction over the Building (excluding the Demised Premises Leased Premises. If Tenant does not do so, Landlord may, but need not, make any repairs, replacements, installations, and other portions of the Building leased additions which Tenant is obligated to other tenants), the Building parking facilities, the public areas make and the landscaped areas. Notwithstanding the foregoing obligation, Tenant shall pay Landlord the cost of any thereof, forthwith upon being billed for same. Landlord may also make repairs, installations and additions to or in the Leased Premises as Landlord shall desire or deem necessary, or as Landlord may be required to do by governmental authority or court order or decree. No such entry or repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and Landlord shall be deemed Rent hereunder and shall or construed to be reimbursed by a disturbance of Tenant’s quiet or peaceable possession of the Leased Premises or of any rights of Tenant to Landlord upon demandunder this Lease. Landlord may, but shall not be required to, enter the Leased Premises at all reasonable times to make any repairs or such repairs, installations, alterations, improvements and additions to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Leased Premises or to the Building or to any part thereof, except equipment located in the Building as specifically and expressly herein set forthLandlord shall desire or deem necessary.
Appears in 1 contract
Sources: Lease Agreement (Stockeryale Inc)
Repairs. (a) 11.1 Tenant, at its sole cost and expense, shall take good care of, and make all interior non-structural repairs to, the Premises, and all repairs to Tenant’s equipment. Landlord shall maintain make all repairs to the exterior of the Premises and all repairs to the heating, ventilating and air conditioning system installed by Tenant outside the Premises, whether ordinary or extraordinary, at Tenant’s sole cost and expense (except to the extent such repairs are includable in Operating Expenses or Floor Common Area Costs to be paid by Tenant as a component of Tenant’s Operating Payment), as and when needed to preserve the Premises in good working order and repaircondition and keeping with the Class A character of the Building and all repairs (not required to be made or paid for by Tenant pursuant to Article 10) required to keep the Premises in compliance with all Legal Requirements and Insurance Requirements and to prevent any disruption of, subject to normal wear and tear and subject to casualty and condemnationor adverse effect on, the Building, the Building systems, the quiet enjoyment of other tenants or to prevent any damage to the personal property of other tenants. Tenant shall not be responsible for the costs of any such repairs unless the need therefor arises out of (excluding i) the Demised performance of or existence of improvements made by or at the request of Tenant, any subtenants or any other occupant of the Premises, (ii) the installation, use or operation of equipment installed therein by or at the request of Tenant, any subtenant or any other occupant of the Premises and other portions (iii) the moving of any such equipment in or out of the Building leased to or the Premises, (iv) the wrongful acts, omissions, negligence or misuse of or by Tenant, any subtenants or any of its or their employees, agents, contractors, occupants, licensees or invitees or their use or occupancy of the Premises (except fire or other tenantscasualty caused by Tenant’s negligence, if the fire or other casualty insurance policies insuring Landlord are not invalidated and the rights of Landlord are not adversely affected by this provision), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance (v) Legal Requirements or Insurance Requirements with which Tenant is obligated to comply pursuant to the foregoing necessitated provisions of Section 10.1. Any such structural repair of the Premises required as a result of clause (i), (ii), (iii), (iv) or (v) of the immediately preceding sentence shall be performed by Landlord, at Tenant’s reasonable expense, and Tenant shall pay for the intentional acts same, as Additional Rent, within ten (10) business days of its receipt of a b▇▇▇ therefor unless such failure arises from the wrongful actions or negligence omissions where there is a duty to act, of Tenant Landlord or its agents, contractors, employees or representatives and, in which case, Landlord shall only be liable for the portion of the liability attributable to the actions or omissions where there is a duty to act, of Landlord, its agents, contractors, employees or representatives. Tenant, at its sole cost and expense, shall promptly replace or repair scratched, damaged or broken doors and glass in and about the Premises and shall be responsible, for all repairs and maintenance of wall and floor coverings in the Premises. Any broken window glass shall be repaired by Landlord at Tenant’s reasonable expense, and Tenant shall pay for the same, as Additional Rent, within ten (10) business days of its receipt of a b▇▇▇ therefor. Tenant, promptly and at its sole cost and expense, shall make all non-structural repairs in or to the Premises for which it is responsible. In the event Tenant fails to promptly make any repair or alteration required by Tenant to be performed under this Section 11.1, Landlord, at Tenant’s sole but reasonable cost and expense, shall have the right after ten (10) days Notice to Tenant to make such repairs or alterations and Tenant shall pay for such repairs or alterations, as Additional Rent, within ten (10) business days after its receipt of a b▇▇▇ therefor. All repairs made by or on behalf of Tenant shall be made in conformity with the provisions of Article 12 and shall be at least equal to the then standards for the Building established by Landlord.
(a) Landlord shall make all necessary repairs to the roof and all structural repairs to the Building. Any such structural or roof repairs occasioned by the acts, omissions, negligence or misuse of or by Tenant or any of its subtenants or any of its or their employees, agents, contractors, occupants, licensees or invitees or their use or occupancy of the Premises shall be made by Landlord at Tenant’s expense (subject to the provisions of Article 17). Landlord’s repair obligations under this Section 11.2(a) shall exclude, however, (i) repairs of Tenant’s personal property or improvements made by or at the request of Tenant (including, without limitation, any Alterations, not occasioned by Landlord’s wrongful acts, omissions where there is a duty to act, or negligence) and (ii) repairs which Tenant is obligated to make pursuant to Section 11.1 and the other provisions of this Lease. Landlord shall perform all maintenance of, and promptly after the receipt of a Notice from Tenant of the necessity of repair, make all necessary repairs to, the Building standard HVAC system equipment and any security and life safety systems or devices which may be installed in the Premises by Landlord. Any repairs to the Building standard HVAC system equipment and any security and life safety systems or devices occasioned by the negligent or wrongful acts or omissions or negligence of Tenant or any of its subtenants, or, its or their employees, agents, contractors, licensees or invitees, licensees, tenants or assigns, shall be borne solely performed by Landlord at Tenant’s expense and Tenant shall pay for the same, as Additional Rent, within ten (10) business days of its receipt of a b▇▇▇ therefor. Except for the foregoing repair obligation, Landlord shall (subject to the provisions of Article 17) have no liability for the failure of any such Building system, unless such failure arises from the negligent or wrongful acts or omissions (where there is a duty to act) of Landlord or its agent or contractors and in which case Landlord shall only be liable for the portion of the liability attributable to the wrongful actions or omissions (where there is a duty to act) of Landlord, its agents or contractors. The cost of all repairs and maintenance by Landlord hereunder shall be included in Operating Expenses except as may be specifically excluded by Article 5 hereof.
(b) Tenant, at its sole expense, shall operate or cause to be operated and maintained in a first-class manner and consistent with the manufacturer’s specifications any air conditioning system and any life safety or security system installed by Tenant and serving the Premises to prevent any adverse effect on any Building system(s). Any maintenance or repair of such air conditioning system and any life safety or security system shall be performed by Landlord upon Tenant’s request and at Tenant’s reasonable expense and Tenant shall pay for such maintenance and repair, as Additional Rent, within ten (10) business days after Tenant’s receipt of an invoice therefor. Landlord reserves the right (i) to make emergency repairs to any such Tenant’s system without Notice, at Tenant’s expense, which shall be deemed to be Additional Rent hereunder and shall payable within ten (10) business days from Tenant’s receipt of an invoice therefor, and (ii) to require changes to be reimbursed made by Tenant to Landlord upon demandany such Tenant’s system if the operation thereof adversely affects, in Landlord’s reasonable opinion, the Building’s systems. Tenant shall have no access to Building systems unless Landlord shall consent thereto.
(c) No liability of Landlord to Tenant shall accrue under this Section unless and until Tenant has given Notice to Landlord of the necessity of any specific repair for which Landlord has agreed to be responsible under this Lease, and a sufficient time has elapsed in which to make such repair with same not be required being performed. In no event shall any failure by Landlord to make any such repairs or improvements give to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights right to make such repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly permitted herein set forthor to withhold payment of Base Rent or Additional Rent or to offset any costs incurred by Tenant against any payment of Base Rent or Additional Rent.
Appears in 1 contract
Repairs. (a) Landlord shall maintain Tenant shall, at Tenant's own expense, keep or cause to be kept the Premises, including all improvements, fixtures and furnishings therein, in good order order, repair and repaircondition at all times during the Lease Term. In addition, subject to normal wear and tear Tenant shall, at Tenant's own expense, but under the supervision and subject to casualty the prior approval of Landlord, and condemnationwithin 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; 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 for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the Building (excluding the Demised Premises and other structural portions of the Building leased to other tenants)floors of the Building, the Building parking facilities, the public areas and the landscaped areas. Notwithstanding systems and equipment of the foregoing obligationBuilding, the cost of any repairs or maintenance except to the foregoing necessitated by extent that such repairs are required due to the intentional acts or negligence of Tenant; provided, however, that if such repairs are due to the negligence of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall only be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant obligated to Landlord upon demandpay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make any repairs such repairs, alterations, improvements or improvements additions to the Demised Premises except structural repairs or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary for safety and tenant abilityor as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights and releases its right to make repairs at Landlord's expense under Sections 1941 and 1942 of the expense of Landlord California Civil Code or in lieu thereof to vacate the Demised Premises as may be provided by under any similar law, statute statute, or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.
Appears in 1 contract
Repairs. (a) Landlord shall maintain in good condition and operating order and repair, subject to normal wear keep in good repair and tear and subject to casualty and condemnation, condition the Building (excluding the Demised Premises and other structural portions of the Building, including the foundation, 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 leased to other tenantsmechanical, electrical and telephone closets, and all common and public areas servicing the Building, including the parking areas, landscaping and exterior Project signage (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"), the Building parking facilities, the public areas Common Areas and the landscaped areasProject Common Areas. Notwithstanding anything in this Lease to the foregoing obligationcontrary, 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 non-structural elements of the Premises, including all improvements, fixtures, equipment, interior window coverings, and furnishings therein, and the floor or floors of the Building on which the Premises is located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, 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, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, 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 such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of any the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs or maintenance to the foregoing necessitated by the intentional acts or negligence and replacements forthwith within thirty (30) days of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demandbeing billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times subject to the entry requirements set forth in Section 27.1 below to make any repairs such repairs, alterations, improvements or improvements additions to the Demised Premises except structural repairs or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterationsor as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, additions and improvements thereto and will keep and maintain the same in good condition and repairhowever, except for normal wear (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 of which Tenant has failed to complete such repairs following receipt of written notice and tearthe lapse of any applicable cure period, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives any and all rights to make repairs at under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the expense of Landlord California Civil Code or in lieu thereof to vacate the Demised Premises as may be provided by under any similar law, statute statute, or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.
Appears in 1 contract
Sources: Office Lease (Nektar Therapeutics)
Repairs. (a) 11.1 Tenant, at its sole cost and expense, shall take good care of, and make all interior non-structural repairs to, the Premises, and all repairs to Tenant's equipment. Landlord shall maintain make all repairs to the exterior of the Premises and all repairs to the heating, ventilating and air conditioning system installed by Tenant outside the Premises, whether ordinary or extraordinary, at Tenant's sole cost and expense (except to the extent such repairs are includable in Operating Expenses or Floor Common Area Costs to be paid by Tenant as a component of Tenant's Operating Payment), as and when needed to preserve the Premises in good working order and repaircondition and keeping with the Class A character of the Building and all repairs (not required to be made or paid for by Tenant pursuant to Article 10) required to keep the Premises in compliance with all Legal Requirements and Insurance Requirements and to prevent any disruption of, subject to normal wear and tear and subject to casualty and condemnationor adverse effect on, the Building, the Building systems, the quiet enjoyment of other tenants or to prevent any damage to the personal property of other tenants. Tenant shall not be responsible for the costs of any such repairs unless the need therefor arises out of (excluding i) the Demised performance of or existence of improvements made by or at the request of Tenant, any subtenants or any other occupant of the Premises, (ii) the installation, use or operation of equipment installed therein by or at the request of Tenant, any subtenant or any other occupant of the Premises and other portions (iii) the moving of any such equipment in or out of the Building leased to or the Premises, (iv) the wrongful acts, omissions, negligence or misuse of or by Tenant, any subtenants or any of its or their employees, agents, contractors, occupants, licensees or invitees or their use or occupancy of the Premises (except fire or other tenantscasualty caused by Tenant's negligence, if the fire or other casualty insurance policies insuring Landlord are not invalidated and the rights of Landlord are not adversely affected by this provision), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance (v) Legal Requirements or Insurance Requirements with which Tenant is obligated to comply pursuant to the foregoing necessitated provisions of Section 10.
1. Any such structural repair of the Premises required as a result of clause (i), (ii), (iii), (iv) or (v) of the immediately preceding sentence shall be performed by Landlord, at Tenant's reasonable expense, and Tenant shall pay for the intentional acts or negligence same, as Additional Rent, within ten (10) business days of Tenant its receipt of a bill therefor unless such failure arises from the wrongful actions o▇ ▇▇issions where there is a duty to act, of Landlord or its agents, contractors, employees or representatives and, in which case, Landlord shall only be liable for the portion of the liability attributable to the actions or omissions where there is a duty to act, of Landlord, its agents, contractors, employees or representatives. Tenant, at its sole cost and expense, shall promptly replace or repair scratched, damaged or broken doors and glass in and about the Premises and shall be responsible, for all repairs and maintenance of wall and floor coverings in the Premises. Any broken window glass shall be repaired by Landlord at Tenant's reasonable expense, and Tenant shall pay for the same, as Additional Rent, within ten (10) business days of its receipt of a bill therefor. Tenant, promptly and at its sole cost and expense, sh▇▇▇ make all non-structural repairs in or to the Premises for which it is responsible. In the event Tenant fails to promptly make any repair or alteration required by Tenant to be performed under this Section 11.1, Landlord, at Tenant's sole but reasonable cost and expense, shall have the right after ten (10) days Notice to Tenant to make such repairs or alterations and Tenant shall pay for such repairs or alterations, as Additional Rent, within ten (10) business days after its receipt of a bill therefor. All repairs made by or on behalf of Tenant shall be m▇▇▇ in conformity with the provisions of Article 12 and shall be at least equal to the then standards for the Building established by Landlord.
(a) Landlord shall make all necessary repairs to the roof and all structural repairs to the Building. Any such structural or roof repairs occasioned by the acts, omissions, negligence or misuse of or by Tenant or any of its subtenants or any of its or their employees, agents, contractors, occupants, licensees or invitees or their use or occupancy of the Premises shall be made by Landlord at Tenant's expense (subject to the provisions of Article 17). Landlord's repair obligations under this Section 11.2(a) shall exclude, however, (i) repairs of Tenant's personal property or improvements made by or at the request of Tenant (including, without limitation, any Alterations, not occasioned by Landlord's wrongful acts, omissions where there is a duty to act, or negligence) and (ii) repairs which Tenant is obligated to make pursuant to Section 11.1 and the other provisions of this Lease. Landlord shall perform all maintenance of, and promptly after the receipt of a Notice from Tenant of the necessity of repair, make all necessary repairs to, the Building standard HVAC system equipment and any security and life safety systems or devices which may be installed in the Premises by Landlord. Any repairs to the Building standard HVAC system equipment and any security and life safety systems or devices occasioned by the negligent or wrongful acts or omissions or negligence of Tenant or any of its subtenants, or, its or their employees, agents, contractors, licensees or invitees, licensees, tenants or assigns, shall be borne solely performed by Landlord at Tenant's expense and Tenant shall pay for the same, as Additional Rent, within ten (10) business days of its receipt of a bill therefor. Except for the foregoing repair obligation, Landlord ▇▇▇▇l (subject to the provisions of Article 17) have no liability for the failure of any such Building system, unless such failure arises from the negligent or wrongful acts or omissions (where there is a duty to act) of Landlord or its agent or contractors and in which case Landlord shall only be liable for the portion of the liability attributable to the wrongful actions or omissions (where there is a duty to act) of Landlord, its agents or contractors. The cost of all repairs and maintenance by Landlord hereunder shall be included in Operating Expenses except as may be specifically excluded by Article 5 hereof.
(b) Tenant, at its sole expense, shall operate or cause to be operated and maintained in a first-class manner and consistent with the manufacturer's specifications any air conditioning system and any life safety or security system installed by Tenant and serving the Premises to prevent any adverse effect on any Building system(s). Any maintenance or repair of such air conditioning system and any life safety or security system shall be performed by Landlord upon Tenant's request and at Tenant's reasonable expense and Tenant shall pay for such maintenance and repair, as Additional Rent, within ten (10) business days after Tenant's receipt of an invoice therefor. Landlord reserves the right (i) to make emergency repairs to any such Tenant's system without Notice, at Tenant's expense, which shall be deemed to be Additional Rent hereunder and shall payable within ten (10) business days from Tenant's receipt of an invoice therefor, and (ii) to require changes to be reimbursed made by Tenant to Landlord upon demandany such Tenant's system if the operation thereof adversely affects, in Landlord's reasonable opinion, the Building's systems. Tenant shall have no access to Building systems unless Landlord shall consent thereto.
(c) No liability of Landlord to Tenant shall accrue under this Section unless and until Tenant has given Notice to Landlord of the necessity of any specific repair for which Landlord has agreed to be responsible under this Lease, and a sufficient time has elapsed in which to make such repair with same not be required being performed. In no event shall any failure by Landlord to make any such repairs or improvements give to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights right to make such repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly permitted herein set forthor to withhold payment of Base Rent or Additional Rent or to offset any costs incurred by Tenant against any payment of Base Rent or Additional Rent.
Appears in 1 contract
Repairs. (a) Landlord Subject to the provisions of Article 39, Tenant shall maintain in take good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding care of the Demised Premises (including, but not limited to any and, at Tenant's sole cost and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assignsexpense, shall be borne solely by make all repairs and replacements, structural and otherwise, as and when needed to preserve the Demised Premises (including, but not limited to, any sprinkler system which Tenant is obligated to install therein in accordance with the provisions of this lease) in good working order and shall be deemed Rent hereunder and shall be reimbursed by condition, except that Tenant to Landlord upon demand. Landlord shall not be required to make any such structural repairs or improvements structural replacements to the Demised Premises except structural unless necessitated or occasioned by the acts, omissions or negligence of Tenant or any person claiming through or under Tenant, or any of their servants, employees, contractors, agents, visitors or licensees, or by the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any such person. Without affecting Tenant's obligations set forth in the preceding sentence, Tenant, at Tenant's sole cost and expense, shall also (i) make all repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants replacements and agrees that it will take good care of perform all maintenance, as and when necessary, to the lamps, tubes, ballasts, and starters in the lighting fixtures installed in the Demised Premises and all alterationsHVAC (as defined in Section 29.02) equipment installed in the Demised premises other than Building standard equipment, additions (ii) make all repairs and improvements thereto replacements, as and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writingwhen necessary, to Landlord Tenant's Personal Property and to any defective Alterations made or dangerous condition known performed by or on behalf of Tenant or any person claiming through or under Tenant, (iii) make all replacements, as and when necessary, to all outside windows if such repair is necessitated by Tenant. To 's acts, omissions or negligence and all interior plate and other glass in the fullest extent permitted by lawDemised Premises, Tenant hereby waives (iv) perform all rights maintenance and make all repairs and replacements, as and when necessary, to make repairs at the expense of Landlord any private elevators, escalators, conveyors or mechanical systems which may be installed in lieu thereof to vacate the Demised Premises as by Owner, Tenant or others. However, the provisions of the foregoing sentence shall not be deemed to give to Tenant any right to install any private elevators, escalators, conveyors or mechanical systems. All repairs and replacements made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with, and subject to the provisions of, the third (3rd) sentence of Section 3.01 and shall be at least equal in quality and class to the original work or installation provided that notwithstanding such incorporation of said Section 3.01, a reasonably detailed description of the nature and scope of such repair may be provided submitted to Owner for its consent in lieu of any detailed plans and specifications required of the third sentence of said Section 3.01 if such repair (x) does not require the filing of plans and/or specifications with the Building Department of the City of New York, or any successor thereto, and (y) is of a nature and character that the preparation of such detailed plans and specifications for such repair are not customary practice in the Borough of Manhattan; if submission of such detailed plans and specifications shall not be required as above provided, then at least five (5) business days prior to the commencement of such repairs Tenant shall deliver by any law, statute hand personally to Owner or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, the building manager for the Building a notice of such proposed repair, decorate or paint which notice shall describe in reasonable detail the Demised Premises or any part thereof, except as specifically nature and expressly herein set forth.scope of such repair. (See Article 39)
Appears in 1 contract
Repairs. (a) Landlord By entry hereunder, Tenant shall maintain be deemed to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall, at Tenant's sole cost and expense, keep the Premise and every part thereof in good order condition and repairrepair (except as hereinafter provided with respect to Landlord's obligations) including without limitation, subject the maintenance, replacement and repair of any storefront, doors, window casements, glazing, plumbing, pipes, electrical wiring and lighting fixtures and conduits, heating and air conditioning system (when there is an air conditioning system). Tenant shall, upon the expiration or sooner termination of this Lease, surrender the Premises to normal Landlord in good condition, broom clean, ordinary wear and tear and subject damage from causes beyond the reasonable control of Tenant excepted. Any damage to casualty adjacent Premises caused by Tenant's use of the Premises shall be repaired at the sole cost and condemnationexpense of Tenant.
(b) Notwithstanding any other provision hereof, Landlord at its expense shall maintain and repair the Building (excluding the Demised Premises and other structural portions of the Building leased to other tenants)Shopping Center, including the Building parking facilities, the public areas exterior walls and the landscaped areas. Notwithstanding structural portions of the foregoing obligationroof, unless such maintenance and repair are caused in part or in whole by the cost act, neglect, fault or omission of any repairs or maintenance to the foregoing necessitated duty by the intentional acts or negligence of Tenant or Tenant, its agents, contractorsservants, employees, inviteesinvites, licenseesor any damage caused by breaking and entering, tenants or assigns, in which case Tenant shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant pay to Landlord upon demandthe actual cost of such maintenance and repairs. Landlord shall not be required liable for any failure to make any such repairs or improvements to the Demised Premises except structural repairs necessary perform any maintenance unless such failure shall persist for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care an unreasonable time after written notice of the Demised need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in section 24 hereof, there shall be no abatement of rent and no liability of Landlord by reason of an 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 Shopping Center or the Premises or in or to fixtures, appurtenances and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tearequipment therein. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To waives the fullest extent permitted by law, Tenant hereby waives all rights right to make repairs at the Landlord's expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by under any law, law statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.
Appears in 1 contract
Sources: Lease Agreement (New Energy Corp)
Repairs. (a) Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions A. By taking possession of the Building leased to other tenants)Premises, the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder to have accepted the Premises as being in good, sanitary order, condition and shall be reimbursed by repair. Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to shall, at Tenant's sole cost and expense, keep the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same every part thereof in good condition and repair, except for normal including but not limited to the maintenance, replacement. and repair of any storefront, doors, window casements and glazing and upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises to Landlord in good condition and repair, in both cases ordinary wear and teartear excepted. Tenant shall make all repairs to the Premises and to the rest of the Property which are made necessary as a result of any misuse or neglect by Tenant or by its officers, employees, agents or invitees, and all such repairs shall be at once reportleast equal in quality to the original work. Landlord, in writingon behalf of Tenant, to Landlord may make any defective or dangerous condition known such repairs which are not promptly made by Tenant and may charge the cost thereof (including a supervision fee of eighteen percent (18%) of the other costs of such repair) to Tenant. To the fullest extent permitted , which costs Tenant shall pay promptly, but in any event not later than five (5) days after demand by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effectLandlord. Landlord has shall have no obligation and has made no promise whatsoever to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof; and the parties hereto affirm that neither Landlord nor any agent of Landlord has made any representation or warranty to Tenant with respect to the condition of the Premises or the rest of the Property or with respect to the suitability of either for the conduct of' Tenant's business or profession therein. Tenant shall maintain all plumbing fixtures (e.g., except sinks, toilets, and drains) and all electrical fixtures within the Premises to the plumbing and electrical stub-outs.
B. Notwithstanding the provisions of Paragraph 8.A hereof Landlord shall (subject to the obligation of Tenant to pay its share of Expenses), repair and maintain the structural portions of the Property, including the basic plumbing, air conditioning, heating, and electrical systems installed or furnished by Landlord to the stub-outs therefor, unless the need for such maintenance and repairs is caused in part or in whole by the act, neglect, fault or omission of any duty by Tenant, its officers, employees, agents or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant, and then such liability shall be only for the cost of such maintenance and repairs. Tenant covenants and agrees to promptly notify Landlord of any accident to or defect in the plumbing, water pipes, fire suppression system (if any), heating, ventilating and air conditioning system, electrical system conduits, wires, duets, landscaping, sprinklers and other parts of the Property, and of any injury or damage to the Premises or the Property, however caused. Except as specifically provided in Paragraph 19 hereof, there shall be no abatement of rent and expressly herein set forthno liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises or Property or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.
C. Notwithstanding the foregoing provisions of this Paragraph 8 or any other provisions of this Lease, Landlord shall not be responsible for the repair or maintenance of any of Tenant's improvements.
Appears in 1 contract
Repairs. (a) Landlord shall maintain the Building (excluding the Premises and other portions of the Building leased to other tenants) and any public areas in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligationforegoing, the cost of any repairs or maintenance to the foregoing Building and any public areas necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, assigns shall be borne solely by Tenant and Tenant, shall be deemed Rent hereunder Rent, and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant abilitytenantability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same Premises in good condition and repair, except for normal wear and tear. Tenant shall at once reportreport to Landlord, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthforth in this Lease.
Appears in 1 contract
Sources: Lease Agreement (Adamas One Corp.)
Repairs. Tenant shall give to Landlord prompt notice of any damage to, or defective condition in any Part of or appurtenance to the Building's plumbing, electrical, heating, air-conditioning or other systems serving, located in, or passing through the Premises. Subject to the provisions of Article 11, Tenant shall, at Tenant's own expense, keep the Premises, including everything therein (aexcept the heating and air-conditioning systems), in good order, condition and repair during the term. Landlord shall, as part of the Operating Costs set forth in Article 6, maintain the heating and air-conditioning systems throughout the Building (including the Premises) Landlord shall maintain and the outside walls, outside windows, roof and foundation of the Building containing the Premises in good order and repair. Repairs made by Landlord required due to negligence or fault of Tenant, subject its contractors, agents or employees shall be made at Tenant's expense, plus nineteen percent (19%) administrative charge. EXCEPTING ANY OF TENANT'S OBLIGATIONS AS MAY BE SPECIFICALLY SET FORTH IN THIS LEASE AND SUBJECT TO ANY REIMBURSEMENT WHICH MAY BE PERMITTED PURSUANT TO THE PROVISIONS OF ARTICLE 6, ABOVE, LANDLORD SHALL REPLACE THE ROOF, THE HVAC, PLUMBING AND ELECTRICAL SYSTEMS, AND STRUCTURAL PORTIONS THE BUILDING AND PREMISES AS THE SAME MAY BECOME NECESSARY. Tenant, at Tenant's expense, shall comply with all laws or ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to normal wear and tear and subject the Premises or to casualty and condemnationTenant's use thereof, except that Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Building (excluding Premises, unless such alteration is required by reason of a condition which has been created by, or at the Demised Premises and other portions instance of, Tenant, or is required by reason of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost a breach of any of Tenant's covenants and agreements hereunder. All repairs or maintenance to the foregoing necessitated made by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely made using contractors approved by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord Landlord, which approval shall not be unreasonably withheld. If Tenant fails or neglects to comply with any laws or ordinances, rules and regulations of any governmental authority or insurance body as herein required of Tenant, then Landlord or its agents may enter the Premises and make said repairs and comply with any laws or ordinances, or the rules and regulations of any governmental authority or insurance body at the cost and expense of the Tenant, plus a 19% administrative charge, and in case Tenant fails to make any repairs or improvements pay therefor upon notice within five (5) days thereafter, the said cost and expenses shall be added to the Demised Premises except structural repairs necessary for safety next month's installment of fixed monthly minimum rent and tenant ability. __________________________(b) Tenant covenants be due and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain payable as such or Landlord may deduct the same from any balance remaining in good condition and repair, except for normal wear and tearLandlord's hands. Tenant shall at once report, This provision is in writing, addition to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense right of Landlord or in lieu thereof to vacate terminate this Lease by reason of default on the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthof Tenant.
Appears in 1 contract
Repairs. Tenant, at its expense, shall perform all maintenance and repairs (aincluding replacements) Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agentsPremises that are not Landlord’s express responsibility hereunder, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to keep the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal reasonable wear and teartear excepted. Tenant’s maintenance and repair obligations shall include (a) all leasehold improvements in the Premises, whenever and by whomever installed or paid for, including any Tenant Improvements, any Alterations (defined in Section 7.2), and any leasehold improvements installed pursuant to any prior lease, but excluding the Base Building (the “Leasehold Improvements”); (b) all supplemental heating, ventilation and air conditioning units, kitchens (including hot water heaters, dishwashers, garbage disposals, insta-hot dispensers, and plumbing) and similar facilities exclusively serving Tenant, whether located inside or outside of the Premises, and whenever and by whomever installed or paid for; and (c) all Lines (defined in Section 23). Notwithstanding the foregoing, Landlord may at its option, or shall on Tenant’s request, perform such maintenance and repairs on Tenant’s behalf, in which case Tenant shall pay Landlord, upon demand, the actual cost of such work plus a coordination fee equal to 5% of such cost (and if Landlord’s employees or management personnel perform such work, no other overhead fee or profit percentage will be charged). Landlord shall perform all maintenance and repairs, at once reportLandlord’s sole cost, in writingor subject to reimbursement of Expenses pursuant to Section 4 of this Lease, as appropriate, to Landlord any defective (i) the roof and exterior walls and windows of the Building, (ii) the Base Building, and (iii) the Common Areas, to a standard consistent with first-class office buildings. As used herein, “Base Building” means the structural portions of the Building, together with all mechanical (including HVAC), electrical, plumbing and fire/life-safety systems serving the Building in general, whether located inside or dangerous condition known to Tenant. To outside of the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthPremises.
Appears in 1 contract
Repairs. (a) Landlord shall maintain in good order 8.1 Tenant shall, at all times during the term hereof and repairat Tenant's sole cost and expense, subject to normal wear and tear and subject to casualty and condemnation, keep the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same every part thereof in good condition and repair, except for normal ordinary wear and teartear excepted, and except as is Land▇▇▇▇'▇ ▇bligation pursuant to Section 8.2. Tenant shall at once report, in writing, the end of the term hereof surrender to Landlord any defective the Premises and all Alterations in the same condition as when received, ordinary wear and tear and damage by fire, earthquake, act of God or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effectelements excepted. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically set forth elsewhere in this Law.
8.2 Landlord shall repair and expressly herein set forthmaintain the structural portions of the Building, including the plumbing, heating, air conditioning, ventilating and electrical systems, installed or furnished by Landlord, unless the necessity for such maintenance and repairs is in any way caused by the neglect, fault or omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs, subject to Section 17.4 hereof. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless Landlord receives written notice of the need for such repairs or maintenance from Tenant and fails to make such repairs or perform such maintenance for a reasonable period of time following such notice by Tena▇▇. ▇▇ere shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tena▇▇'▇ ▇usiness 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/or equipment therein, provided such repairs are being diligently pursued by Landlord.
Appears in 1 contract
Sources: Office Lease (E Greetings Network)
Repairs. (a) Landlord shall maintain in good order 7.01. Tenant shall, at its sole cost and repairexpense, subject make such repairs to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas fixtures and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing appurtenances therein as are necessitated by the intentional acts act, omission, occupancy or negligence of Tenant or by the use of the Demised Premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition except to the extent the need for repairs is directly caused by Landlord's gross negligence or willful misconduct. Except as otherwise provided in this Lease, all damage or injury to the Demised Premises and to its agentsfixtures, contractorsappurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, employees, invitees, licensees, tenants fixtures or assignsother property, shall be borne solely repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class substantially equal to the original work or installations. If Tenant fails to make any repairs in and to the Building and the facilities and systems thereof for which Tenant is responsible within the applicable notice and cure periods, if any, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be deemed Rent hereunder paid by Tenant within ten (10) days after rendition of a bill therefor. Landlord may, at its option, before commencing any su▇▇ ▇ork or at any time thereafter, require Tenant to furnish to Landlord such security, in form and amount as Landlord reasonably shall deem necessary to assure the payment for such work by Tenant. The exterior walls of the Building, the portions of any window sills outside the windows and the windows are not part of the premis▇▇ ▇▇mised by this Lease and Landlord reserves all rights to such parts of the Building and, unless same is the responsibility of Tenant pursuant to any provision of this Lease, Landlord shall maintain same, as well as base-building HVAC, structural elements of the Building, Building systems and Building common areas, in good order and condition, in all such cases to the extent same affect Tenant's use or enjoyment of the Demised Premises.
7.02. Tenant shall not place a load upon any floor of the Demised Premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be objectionable to Landlord or to any other tenant in the Building shall be reimbursed placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to Landlord upon demandabsorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and Demised Premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.04. 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. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain perform the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective on an overtime or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthpremium pay basis.
Appears in 1 contract
Sources: Assignment and Assumption of Lease and License Agreement (Integrated Information Systems Inc)
Repairs. (a) If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall maintain in good order promptly and repairdiligently, subject to normal wear and tear reasonable delays for insurance adjustment, and subject to casualty and condemnationall other terms of this Article, restore the Premises, the Building (excluding Common Areas and the Demised Premises and other portions of the Building leased Project serving the Premises and Tenant shall assign to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, Landlord all insurance proceeds payable to Tenant as to any Alterations; provided that if the cost of the restoration of any repairs or maintenance Alterations by Landlord exceeds the amount of Tenant’s insurance proceeds therefor, as assigned by Tenant to the foregoing necessitated by the intentional acts or negligence of Tenant or its agentsLandlord, contractors, employees, invitees, licensees, tenants or assigns, such excess shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed paid by Tenant to Landlord upon demandprior to Landlord’s restoration thereof. Such restoration shall be to substantially the same condition of such items as prior to the casualty, except for modifications (a) required by Law; (b) required by the holder of a mortgage on the Building, or the lessor of a ground or underlying lease with respect to the Property; or (c) to the Common Areas reasonably deemed desirable by Landlord, and which are consistent with the character of the Project. No such modifications shall materially impair access to the Premises and any Common Areas serving the Premises. Tenant shall be responsible, at its sole cost and expense, for the repair, restoration, and replacement of Tenant’s Property. Landlord shall not be required to make liable for any repairs loss of business, inconvenience, or improvements annoyance arising from any casualty or any repair or restoration of any portion of the Premises, the Building, or the Project as a result of any damage from any casualty. All work by Tenant shall be subject to the Demised Premises except structural repairs necessary for safety terms and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care conditions of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthArticle 11.
Appears in 1 contract
Sources: Office Lease (HF Enterprises Inc.)
Repairs. A. By entry upon the Premises either for commencement of the construction of the Tenant Improvements (aif Tenant is constructing the same) or on the Commencement Date (if Landlord is constructing the Tenant Improvements), Tenant shall be deemed to have accepted the Premises in their then current condition, "as is". No representations or warranties concerning the condition of the Premises or the Building or the title to the same have been made to Tenant by Landlord or Agent except as specifically set forth in this Lease.
B. Tenant shall, throughout the Term, at Tenant's sole expense, keep and maintain the Premises and every part thereof and all of Tenant's Personal Property in good order order, condition and repair. Tenant shall be responsible and pay for all repairs and alterations in and to the Premises, the Tenant Improvements, the Common Areas, the Building and the facilities and systems thereof arising out of (i) the installation, removal, use or operation or Tenant' s Personal Property in or upon the Premises or the Building and (ii) any act, omission, misuse or negligence of Tenant, its agents, employees, contractors, invitees and licensees.
C. Landlord shall, subject to normal wear the provisions of this Section 4.02, maintain all of the Common Areas and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other structural portions of the Building leased to other tenants), the Building parking facilities, the public areas Premises and the landscaped areasBuilding. Notwithstanding the foregoing obligationExcept as specifically provided herein, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required responsible for any maintenance, repairs, services or the making of any alteration of any kind for or upon the Premises, the Common Area, the Building or the Real Property. Landlord shall have no liability to make Tenant nor shall Tenant's obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to alterations which Landlord any defective is required or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord under this Lease, any other tenant lease or in lieu thereof to vacate the Demised Premises as may be provided required by applicable law for any law, portion of the Building or the Premises. Landlord shall nevertheless use reasonable efforts to minimize any interference with Tenant's business in the Premises.
D. Tenant expressly waives the benefits of any statute or ordinance now or hereafter in effect. Landlord has no obligation effect which would otherwise afford Tenant the right to withhold the payment of Rent, make repairs at Landlord's expense or terminate this Lease as a result of Landlord's failure to keep the Real Property, the Building or the Premises in good order, condition and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.
Appears in 1 contract
Repairs. 10.01 Except as otherwise provided in this Section 10, Tenant agrees at its own expense to keep the Improvements, including all structural, electrical, mechanical and plumbing systems at all times in good appearance and repair except for reasonable and normal wear and tear. Tenant will also pay all other expenses in connection with the maintenance of the Premises including repair and upkeep of grounds, sidewalks, driveways and parking areas in a first class condition.
10.02 Notwithstanding any other provision of this Lease, from and after the date Tenant takes occupancy of the Premises any repairs, additions or alterations to the improvements or any of its systems (ae.g., plumbing, electrical, mechanical) structural or non-structural, which are required by any law, statute, ordinance, rule, regulation or governmental authority or insurance carrier, including, without limitation, 0SHA, will be the obligation of Tenant. Provided, however, that Tenant shall not be responsible for any repairs, additions or alterations to the building or any of its systems (e.g. plumbing, electrical, mechanical) structural or non-structural which are required by any law, statute, ordinance rule, regulation or governmental authority or insurance carrier, including without limitation, OSHA if a violation or nocompliance existed at the time Tenant took occupancy of ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, in which case Landlord shall maintain be responsible for the repairs, additions or alterations as required.
10.03 Tenant acknowledges that he has examined the Premises prior to the making of this Lease, that he knows the condition thereof, that no representations as to the condition of the state of repairs thereof have been made by Landlord or Landlord's agent which are not expressly set forth herein, and that except as otherwise specifically set forth herein, Tenant hereby accepts the Premises in their present condition at the date of execution of this Lease. Anything contained herein to the contrary notwithstanding the Premises at ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ shall be in good order and repair, subject repair upon the date occupancy is delivered to normal wear Tenant. Tenant will inspect the Premises at ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ prior to occupancy to assure that the facilities and tear equipment are in good condition and subject Landlord will agree to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs repair facilities or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demandequipment reasonably identified as substandard. Landlord shall not be required to make any repairs replace carpeting or improvements to repaint provided the Demised Premises except structural repairs necessary for safety walls and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same floors are in good condition and repaircondition, except for normal reasonable wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthtear excepted.
Appears in 1 contract
Sources: Net Lease (Axsys Technologies Inc)
Repairs. (a) Landlord 12.1 Tenant shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and the fixtures and appurtenances therein and at its sole cost and expense make all repairs thereto as and when needed to preserve them in good working order and condition. All damage or injury to (a) the Demised Premises, whether structural or non-structural, and to its fixtures, glass, appurtenances and equipment or (b) to the Building, or to its fixtures, glass, appurtenances and equipment that is in either case of (a) or (b), (i) caused by Tenant moving property in or out of the Building or (ii) by (x) installation or removal of furniture, fixtures or other property, or (y) resulting from fire, explosion, air-conditioning unit or system, short circuits, flow or leakage of water, steam, illuminating gas, sewer gas, sewerage or odors or by frost or by bursting or leaking of pipes or plumbing works or gas, or from any other cause of any other kind or nature whatsoever due to carelessness, omission, neglect, improper conduct or other cause of Tenant, its servants, employees, agents, visitors or licensees, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense to the satisfaction of Landlord. All aforesaid repairs, restorations and replacements shall be in quality and class equal to the original work or installations and shall be done in a good and workmanlike manner. If Tenant fails to make such repairs, restorations or replacements, same may be made by Landlord at expense of Tenant and all sums so spent and expenses incurred by Landlord shall be collectible as additional rent and shall be paid by Tenant within twenty (20) days after rendition of a ▇▇▇▇ or statement therefor. Tenant shall promptly make, at Tenant’s expense, all repairs in and to the Demised Premises for which Tenant is responsible, using only the contractor for the trade or trades in question, selected only from Landlord’s approved contractors, a current listing of which is set forth on Exhibit E attached hereto. Any other repairs in or to the Building or the facilities and systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant’s expense.
12.2 Landlord shall, at its expense, make all repairs and replacements, structural and otherwise, necessary or desirable in order to keep in good order and repair the exterior of the Building and the public portions of the Building the need for which Landlord may have knowledge (including the public halls and stairways, plumbing, wiring and other Building equipment for the general supply of water, heat, air-conditioning, gas and electricity) except repairs hereinabove provided to be made by Tenant. Tenant agrees to notify Landlord of the necessity of repairs of which Tenant may have knowledge, for which Landlord may be responsible under the provisions of the preceding sentence. There shall be no allowance to Tenant for diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord or others making repairs, alterations, additions and or improvements thereto and will keep and maintain in or to any portion of the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective Building or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or in and to the fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be entitled to any part thereof, except as specifically and expressly herein set forthsetoff or reduction of rent by reason of any failure of Landlord to comply with the covenants of this Article or any other Article of this Lease. Tenant agrees that Tenant’s sole remedy at law in such instance will be by way of an action for damages for breach of contract. The provisions of this Article 12 shall not apply in the case of fire or other casualty which are dealt with in Article 17 hereof.
Appears in 1 contract
Repairs. (a) From and after the commencement of and during the Term, the Tenant shall, except to the extent it is Landlord's responsibility or caused by the negligence of the Landlord, at its own cost and expense, make all interior nonstructural repairs, replacements and renewals necessary to keep the Premises in as good condition, order and repair as the same are at the commencement of the Term reasonable wear and use and damage by fire and other casualty, taking by eminent domain only excepted, and keep and maintain all portions of the Premises in a clean and orderly condition, free of accumulation of dirt, rubbish, and other debris, it being understood that the foregoing exception for reasonable wear and use shall not relieve the Tenant from the obligation to keep the Premises in good order, repair and condition. From and after the commencement of and during the Term, the Landlord shall maintain make all necessary repairs, replacement and renewals, interior and exterior, structural and nonstructural as Common Expenses as in Paragraph 6 defined, to: keep the Building and all its electrical, mechanical, heating, ventilating and air conditioning, plumbing and other building systems and the parking areas, sprinklers and other improvements on the Property in good condition, order and repair as the same are at the commencement of the Term or thereafter may be put, damage by fire or other casualty only excepted; keep all driveways, walkways, parking areas and other improvements on the Property free of snow and sanded; keep all lawns and landscaped areas of the Property watered, fertilized and neatly trimmed; provide cleaning services and utilities to the common areas of the Building at a quality level similar to first class office buildings in suburban Boston. Notwithstanding, the Landlord shall, at its own cost and expense, and not as a Common Expense make all repairs necessary to keep the structural support elements of the Building in structurally good condition, order and repair, subject damage resulting from any act (not consented to normal wear in writing by the Landlord) and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions any omissions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, contractors and employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal from reasonable wear and tear. Tenant shall at once report, in writing, to Landlord any defective use and from fire or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthother casualty only excepted.
Appears in 1 contract
Sources: Lease Agreement (Navisite Inc)
Repairs. (a) Landlord shall maintain in good order the roof and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions exterior walls of the Building leased to other tenantsand the Premises in good repair, except that Tenant shall have the responsibility for the maintenance repair and replacement of all glass, doors (interior and exterior), windows, and doorways of the Building parking facilitiesPremises. Tenant shall also be responsible for repair, the public areas replacement and the landscaped areas. Notwithstanding the foregoing obligation, the cost maintenance of any repairs exterior walls if the necessity therefore should be the result of Tenant's negligence or maintenance the negligence of any agent, employee, or licensee of Tenant. Tenant shall keep the interior of the Premises in good repair, maintaining, where necessary, all electrical, plumbing, heating, air conditioning and other mechanical installations and systems servicing only the Premises, as well as damage to plumbing and other systems inside of the foregoing necessitated Premises if caused by the intentional acts or negligence omissions of Tenant Tenant, or its Tenant's agents, contractors, employees, inviteesinvitees or licensees inside the Premises. Tenant shall effect all such maintenance, licenseesrepairs and replacements at its own expense and employing materials and labor of a kind and quality equal to the original installations. If Tenant shall fail to maintain, tenants repair or assignsreplace equipment or other installations in or about the Premises as above provided, Landlord, immediately after giving Tenant notice of the necessity for such maintenance, repair or replacement may accomplish the required work and add the costs thereof to the next due rental installment(s) but Tenant shall not be liable to the Landlord for any failure to fulfill the obligations of this paragraph until such time as the Tenant shall be borne solely notified, as aforesaid, in writing of the requirement therefore, provided however, in the event of a bona fide emergency, Landlord need not give such notice to Tenant prior to performing such work. With regard to hearing and air conditioning systems in the Premises, Landlord shall provide for the same to be in good working order upon Tenant's occupancy of the Premises. In addition, Tenant shall maintain at Tenant's sole expense a maintenance and service contract with a reputable heating and a1r conditioning service company for the heating and air conditioning systems and provide that such service contract shall not be canceled for any reason without a ten ( l 0) day notice to Landlord, and deliver to Landlord a copy of such maintenance service contract. If Tenant fails to maintain such contract or if Tenant fails to repair, maintain or replace if caused by failure to maintain the heating and air conditioning system as needed, Landlord at its sole option may accomplish the same and ▇▇▇▇ the costs thereof to Tenant as Additional Rent and the failure to pay the same within thirty (30) days of submission of Invoice for the same to Tenant shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demandan event of default herein. Landlord shall not be responsible for the replacement of required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care components of the Demised Premises and all alterationsHV AC units as required, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. so long as Tenant shall at once report, in writing, maintains HVAC units to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense servicing requirements of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forththis Lease.
Appears in 1 contract
Sources: Lease Agreement
Repairs. (a) Landlord shall maintain in good order Tenant, at all times during the Term and repairat Tenant’s sole cost and expense, subject to normal ordinary wear and tear and subject to damage by fire or other casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated governed by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assignsSection 9 below, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repairrepair (including replacement when necessary and in compliance with all applicable Laws), except (i) the exterior and structure of the Premises and the Building, including the building foundation, the roof structure, the exterior walls of the Building and the parking areas, and (ii) the interior of the Premises and every part thereof, including the interior walls and ceilings, lighting and relamping, and plate glass. Notwithstanding the foregoing, Tenant shall not be responsible for normal wear and tearrepairs to the extent such repairs are (i) necessitated by fire, earthquake, acts of God or the elements, or (ii) necessitated by the negligence or willful misconduct of Landlord or Landlord’s agents, employees or contractors or the breach of this Lease by Landlord. Tenant shall be responsible, at once reportTenant’s sole cost and expense, for the maintenance and repair of the HVAC system and equipment serving the Premises and any components and equipment used in writingconnection therewith. Tenant, at its sole cost and expense, shall procure and maintain in full force and effect a contract for the maintenance and repair of such equipment, with a service and maintenance firm reasonably acceptable to Landlord.
(b) In the event that any capital improvements or replacements are required to be made to the Premises during the term of the Lease to the building foundation, the roof structure, the exterior walls of the Building and any major mechanical, structural, plumbing or HVAC systems serving the Premises (“Capital Improvements”) (i) Landlord any defective and Tenant shall each have the right to reasonably approve or dangerous condition known disapprove such Capital Improvements; (ii) Landlord and Tenant shall mutually determine whether such Capital Improvements are to Tenantbe performed by Landlord or Tenant and (iii) the Capital Improvements shall be amortized over their useful life and Tenant shall pay a portion of such amortized costs equal to the balance of the Term (or renewal term if exercised) plus five (5) years and Landlord shall pay the balance. To For example if the fullest extent permitted by lawroof is replaced during the 5th year of the Term, and such roof has a useful life of 20 years, Tenant hereby waives all rights shall pay an amount equal to make repairs at six (6) years of such amortized payments and Landlord shall pay an amount equal to fourteen (14) years of such amortized payments and if Tenant exercises the expense option to renew, Tenant shall pay an amount equal to eleven (11) years of such amortized payments and Landlord or in lieu thereof shall pay an amount equal to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthnine (9) years of such amortized payments.
Appears in 1 contract
Sources: Stock Purchase Agreement (Simpson Manufacturing Co Inc /Ca/)
Repairs. (a) 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. Landlord shall agrees to maintain in good order condition, and repairrepair as necessary the foundations, exterior walls and the roof of the Premises, and major mechanical systems, subject to normal wear the obligations of the parties otherwise set forth in this Lease. Alterations and tear Improvements Tenant, at Tenant's expense, shall have the right, upon obtaining Landlord's written consent, to remodel, redecorate, and subject make additions, improvements and replacements of and to casualty all or any part of the Leased space from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and condemnationutilizing good quality materials. Tenant shall have the right to place and install personal property, the Building (excluding the Demised Premises trade fixtures, equipment and other portions 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 Building leased to other tenants)Lease term or placed or installed on the Leased space by Tenant thereafter, the Building parking facilities, the public areas shall remain Tenant's property free and the landscaped areas. Notwithstanding the foregoing obligation, the cost clear of any repairs or maintenance 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, at Tenant's expense, all damage to the foregoing necessitated Leased space caused by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demandsuch removal. Landlord shall not be required pay, prior to make any repairs or improvements to delinquency, all general real estate taxes and installments of special assessments coming due during the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of Lease term on the Demised Premises Leased space, and all alterationspersonal property taxes with respect to Landlord's personal property, additions and improvements thereto and will keep and maintain if any, on the same in good condition and repair, except for normal wear and tearLeased space. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known be responsible for paying all personal property taxes with respect to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs 's personal property at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthLeased space.
Appears in 1 contract
Sources: Commercial Lease Agreement
Repairs. (a) 6.01. Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, repair the Building (excluding the Demised Premises and other portions Common Areas of the Building leased to other tenants)Building, the Building parking facilities, the public areas both exterior and the landscaped areasinterior. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and the fixtures and appurtenances therein and, at Tenant's sole cost and expense, make all alterations, additions non-structural repairs thereto as and improvements thereto when needed to preserve said Demised Premises and will keep and maintain the same fixtures in good condition working order and repaircondition, except for normal reasonable wear and tear, obsolescence and damage from the elements, fire or other casualty, excepted. Notwithstanding the foregoing, all damage or injury to the Demised Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances whether requiring structural or non-structural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, Tenant's servants, employees, invitees or licensees, shall be repaired promptly by Tenant at its sole cost and expense, to the satisfaction of Landlord in its sole and absolute judgment. Tenant shall at once reportalso repair all damage to the Building and the Demised Premises caused by the moving of Tenant's fixtures, in writing, furniture or equipment. All the aforesaid repairs shall be of the quality and class equal to the original work or construction.
6.02. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, heating/ventilation system or dangerous electrical lines located in, servicing or passing through the Demised Premises and, following such notice, Landlord shall remedy the condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs with due diligence but at the expense of Tenant if repairs are necessitated by damage or injury attributable to Tenant, or Tenant's servants, agents, employees, invitees or licensees as aforesaid. There shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord or other tenants making or failing to make any repairs, alterations, additions or improvements in lieu thereof or to vacate any portion of the Demised Premises as may be provided by any law, statute Building or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or in and to the fixtures, appurtenances or equipment thereof unless such inconvenience, annoyance or injury was caused by Landlord's, or its servants, or employees', negligent acts or failure to act, and if as a result of such failure to make any part thereofsuch repairs, except as specifically alterations, additions or improvements, Tenant is unable to conduct its business operations at the Demised Premises for a period of ten (10) consecutive Normal Business Days or more, then, in such event, Tenant shall be entitled to an abatement of Base Rent and expressly herein set forthAdditional Rent for each day during such period that Tenant was unable to conduct its business operations. Notwithstanding the foregoing, in no event shall the Base Rent or Additional Rent be setoff hereunder, it being understood that Tenant may bring a separate action or legal proceeding.
Appears in 1 contract
Sources: Lease Agreement (Greenstone Roberts Advertising Inc)
Repairs. (a) Landlord shall maintain By entry hereunder, Tenant accepts the Premises as being in good order and sanitary order, condition and repair. Tenant shall keep, subject to normal wear maintain and tear and subject to casualty and condemnation, preserve the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good first class condition and repair, except for normal and shall, when and if needed, at Tenant's sole cost and expense, make all repairs to the Premises and every part thereof. Tenant shall, upon the expiration or sooner termination of the term hereof, surrender the Premises to Landlord in the same condition as when received, usual and ordinary wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effecttear excepted. Landlord has shall have no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, . The parties hereto affirm that Landlord has made no representations to tenant respecting the condition of the Premises or the Building except as specifically and expressly herein set forth.
(b) Anything contained in Paragraph 13(a) above to the contrary notwithstanding. Landlord shall repair and maintain the structural portions of the Building, including the 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, or omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 21 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.
Appears in 1 contract
Sources: Office Building Lease (Virtual Mortgage Network Inc)
Repairs. 7.01. Tenant shall, at its sole cost and expense, be responsible for the maintenance and repair of the demised premises (a) Landlord shall maintain including all bathrooms and other sanitary facilities located therein), and keep same in good order and repaircondition, subject including all necessary painting and decorating, and make such repairs to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas demised premises and the landscaped areas. Notwithstanding the foregoing obligationfixtures and appurtenances therein as and when needed to preserve them in good working order and condition (except that as to structural repairs, the cost of any repairs or maintenance Landlord shall be obligated to the foregoing make same unless they are necessitated by the intentional acts any act, omission, occupancy or negligence of Tenant in violation of Tenant’s obligation under this Lease or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, in which case Tenant shall be so obligated). Tenant shall keep all glass, including windows, doors and skylights, clean and in good condition and repair and Tenant shall replace any glass that may be damaged with glass of the same kind and quality. Tenant shall have no obligation for cleaning exterior glass or replacing any damaged exterior glass other than that damaged by an act of Tenant. All damage or injury to the Property caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. Tenant shall promptly make all repairs in or to the demised premises or the Property for which Tenant is responsible, provided that any repairs required to be made to the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other Building systems shall be performed only by Landlord. Landlord represents that, as of the date hereof, the Building systems which service the demised premises, including the mechanical, electrical, sanitary, heating, ventilating and air-conditioning Building systems which service the demised premises, are in good working order and condition. Tenant shall not be responsible for any existing violations of the current provisions of Legal Requirements, including the Americans with Disabilities Act.
7.02. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within thirty (30) days after rendition of a ▇▇▇▇ therefor.
7.03. If the demised premises includes loading docks, and or related facilities, Tenant shall keep the loading docks and areas adjacent thereto and the driveways and streets within the Property leading to said loading docks free of all dirt, rubbish and other obstructions arising from Tenant’s use or occupancy of any such facilities or the use of such facilities by Tenant’s officers, agents, contractors, employees, inviteessuppliers or invitees including independent contractors making deliveries or pick-ups from such loading docks.
7.04. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law.
7.05. Business machines and mechanical equipment used by Tenant which cause vibration, licenseesnoise, tenants cold or assigns, heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably objectionable to Landlord or to any other tenant at the Property shall be borne solely 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 deemed Rent hereunder and under no obligation to endeavor to reduce such vibration, noise, heat or cold beyond what is customary in current good building practice for buildings of the same type as the Building.
7.06. Except as otherwise specifically provided in this Lease, there shall be reimbursed no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by Tenant reason of inconvenience, annoyance or injury to Landlord upon demandbusiness 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. Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant’s business operations, but shall not be required to make any repairs perform the same on an overtime or improvements premium pay basis.
7.07. If Tenant shall install a supplemental air-conditioning system subject to and in accordance with the requirements of this Lease, Tenant shall maintain same in good order and condition, shall enter into a contract for the maintenance thereof with a heating, ventilating and air-conditioning contractor reasonably acceptable to Landlord and shall deliver to Landlord a copy of such contracts and all amendments thereto promptly after execution thereof.
7.08. Notwithstanding anything to the Demised Premises except structural repairs necessary contrary provided in this Lease, if: (I) the demised premises are rendered untenantable in whole or in part, for safety and tenant ability. __________________________a period of ten (10) consecutive days, due to (a) the interruption of services as required by Article 21, (b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights Landlord’s failure to make repairs at as required by this Lease or (c) Landlord’s making of repairs, replacements or additions (other than those made with Tenant’s consent or caused by wrongful or negligent acts or omissions by Tenant, or Tenant’s agents, servants, visitors or licensees), except if such untenantability results from (i) Force Majeure Causes, subject to Article 34, or (ii) events caused by the expense wrongful or negligent acts or omissions by Tenant, or Tenant’s agents, servants, visitors or licensees, and (II) Tenant promptly vacates, for the full untenantability period, either the entire demised premises, if they are wholly untenantable, or the entire untenantable part of the demised premises, if less than all of the demised premises are untenantable, then, in that case, there shall be a proportionate abatement of basic annual rent from and after said tenth (10th) consecutive day (after Tenant shall have vacated either the entire demised premises, if they are wholly untenantable, or the entire untenantable part of the demised premises, if less than all of the demised premises are untenantable) and continuing for the period of such untenantability. As a condition to Tenant’s entitlement to any such abatement under this Section 7.08, Tenant shall give Landlord or on the first (1st) day the untenantability is claimed to have occurred a written notice describing in lieu thereof reasonable detail the circumstance causing such claimed untenantability. If Tenant breaches the immediately preceding sentence, then, any abatement to vacate the Demised Premises as which Tenant may be provided entitled under this Section 7.08 shall not commence until such written notice is received by any lawLandlord and all the other prerequisite conditions for Tenant’s entitlement to the abatement have been fully satisfied. Furthermore, statute in no event shall Tenant be entitled to claim a constructive eviction from the demised premises unless Tenant shall first have notified Landlord in writing of the condition or ordinance now conditions giving rise thereto, and if the complaints be justified, unless Landlord shall have failed, within a reasonable time after receipt of such notice, to remedy, or hereafter in effect. Landlord has no obligation commence and has made no promise proceed with due diligence to alterremedy such condition or conditions, remodel, improve, repair, decorate or paint subject to Force Majeure Causes and the Demised Premises or any part thereof, except as specifically and expressly herein set forthterms of Article 34.
Appears in 1 contract
Sources: Sublease Agreement (Scynexis Inc)
Repairs. Landlord will keep the foundation, exterior walls and roof of the Demised Premises (aexcepting any work done by Tenant and excepting any glass or doors, which are the responsibility of the Tenant) in proper repair, provided that in each case Tenant shall have given Landlord prior written notice of the necessity of such repairs. The cost of such repairs performed by Landlord shall maintain be included in the Landlord’s operating cost of common facilities set forth in P▇▇▇▇▇▇▇▇ ▇▇ of this Lease. Tenant will keep the interior of the Demised Premises, together with all fixtures and all electrical, plumbing, healing, air conditioning and other mechanical equipment whether located within or on the roof of the Demised Premises, all doors, and all plate glass and door and window glass, in good order and repairproper repair at its own expense, subject using materials and labor of kind and quality equal to normal the original work, and will surrender the Demised Premises at the expiration or earlier termination of this Lease in as good condition as when received, excepting only deterioration caused by ordinary wear and tear and subject to damage by fire or other casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areaskind insured against in standard policies of fire insurance with extended coverage. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demandExcept as hereinabove provided. Landlord shall not be required have no obligation to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once reportmaintain, in writing, to Landlord any defective replace alter or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint modify the Demised Premises or any part thereof, except as specifically or any plumbing, heating, electrical, air conditioning or other mechanical installation whether located within or on the roof of the Demised Premises. Under no circumstances shall Landlord be obligated to repair, replace or maintain any plate glass or door or window glass. In furtherance of Tenant’s obligation to maintain, repair and expressly herein set forthreplace heating, air conditioning and other mechanical equipment in or serving the Demised Premises. Tenant agrees to obtain and keep in full force during the term of the Lease, or any renewal thereof, a maintenance, repair and service contract on such equipment reasonably satisfactory to Landlord. Notwithstanding anything contained in this lease to the contrary. Landlord agrees to transfer to Tenant any and all manufacturers warranties if any for the HVAC system being installed in Tenant’s Demised Premises.
Appears in 1 contract
Sources: Sublease (NationsHealth, Inc.)
Repairs. (a) Landlord The Tenant shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and the fixtures therein and shall keep the Premises in good order, condition, and repair at the Tenant's expense during the term of this Lease, including the replacement of all alterationsinterior broken glass. Exterior glass broken by the Tenant will be replaced by Landlord, additions at Tenant's sole cost and improvements thereto expense and will keep and maintain the Tenant shall promptly pay the Landlord for the costs thereof as additional rent for glass of the same size and quality. If the Tenant does not make necessary repairs within a reasonable time and adequately, the Landlord may, but need not, make such repairs and the Tenant shall promptly pay the Landlord for the costs thereof as additional rent. On the expiration or early termination or cancellation of this Lease, the Tenant shall surrender the Premises and the Landlord's fixtures in as good condition and repairas of the time of delivery to the Tenant, except for normal subject to reasonable wear and tear. All injury to the Building or fixtures caused by moving of the Tenant shall at once reportin and out of the Building and any and all breakage or any other injury whatsoever to the Building, fixtures or to the property of any Tenants of the Building caused by the Tenant and any damage done by water, steam, electricity, fire, or other substance to the Building or fixtures, or to the property of other Tenants in writing, to the Building caused by the Tenant may be repaired by the Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of the Tenant, and the cost thereof shall become due and payable by the Tenant as additional rent upon the delivery of a statement of such costs by the Landlord to the Tenant, or in lieu thereof mailing the same, postage prepaid, to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effectTenant at its last known address. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth15.
Appears in 1 contract
Sources: Lease Agreement (MFB Corp)
Repairs. (a) Landlord shall maintain will make all structural repairs to the demised premises and will keep in good order and repairrepair the roof, subject to normal wear foundations, subsurface conditions and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions exterior of the Building leased demised premises, and the plumbing system serving the demised premises (up to other tenantsTenant’s connection point thereto), except any doors, windows and glass, upon knowledge or notification of the Building parking facilitiesnecessity for such repairs, and further provided that if the public areas and need for the landscaped areas. Notwithstanding the foregoing obligationrepair shall be attributable to any act or omission of Tenant, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agentsconcessionaires, contractorsofficers, employees, licensees, invitees, licenseesor contractors, tenants or assigns, Tenant shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demandresponsible therefor. Landlord shall not be required to make any repairs under no liability for repair, maintenance or improvements alteration with respect to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises demised premises or any part thereof, or any plumbing, electrical, or other mechanical installations therein, or any cleaning or painting thereof, except as specifically may be expressly set out in this Lease or unless due to negligence of Landlord, its officers, employees, licensees, invitees, concessionaires, or contractors.
(b) Tenant will keep all non-structural elements and expressly herein set forththe interior of the demised premises, together with all electrical, plumbing, ventilating, heating, air conditioning, elevator, escalator, and other mechanical installations therein, including sprinklers, in good order and repair at its expense; and will surrender the demised premises at the expiration of the Term or at such other time as it may vacate the same in as good condition as when received, excepting ordinary wear and tear or damage by fire or by casualty; provided, however, that if the need for the repair shall be attributable to any act or omission of Landlord, its concessionaires, officers, employees, licensees, invitees, or contractors, Landlord shall be responsible therefor. Tenant will not overload the electrical wiring and will install at its expense, any additional electrical service or wiring which may be required in connection with Tenant’s apparatus.
(c) Notwithstanding the provisions of the preceding subsection (b), at such time as replacement of any heating, air conditioning, ventilating, elevator or escalator system is necessary due to the fact that it has deteriorated to the degree that repair is no longer economically feasible and normal, sound operating practice would require the replacement thereof, Tenant shall give written notice thereof to Landlord, accompanied by the written statement of a reputable independent engineer licensed or specializing in the field or reputable manufacturer (e.g., Westinghouse as to elevators and escalators) confirming that the replacement is then necessary as aforesaid, and Landlord shall promptly cause the replacement to be accomplished. If, however, Landlord disputes the opinion of such engineer or manufacturer, Landlord shall nonetheless (subject to Article 35) perform such replacement, but the matter shall be submitted to arbitration pursuant to the provisions of Article 34 hereof, and if the determination therein is that the replacement was not necessary under the foregoing criteria, Tenant shall promptly pay to Landlord all or such part of the cost, with interest thereon, as the arbitration award directs.
(d) Lessee, at its sole cost and expense, shall regularly monitor the premises for the presence of mold or any conditions that reasonably can be expected to give rise to mold and shall promptly notify the Lessor in writing if Lessee suspects mold at the premises.
Appears in 1 contract
Sources: Lease Agreement
Repairs. (a) Landlord Notwithstanding anything contained herein to the contrary, during the term hereof, Tenant shall make all non-structural repairs required to maintain the interior of the demised premises in good order and repaircondition. Landlord shall not be liable to Tenant, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and or any other portions occupant of the Building leased demised premises, for the damages resulting from any failure by Tenant to other tenants), repair or maintain the Building parking facilities, the public areas and the landscaped areasdemised premises as required to Tenant by this paragraph. Notwithstanding the foregoing obligation, the cost of Landlord shall not be obligated to perform any repairs or maintenance to upon the foregoing demised premises, other than structural repairs which are not caused or necessitated by the intentional acts act or negligence of Tenant or Tenant, its agents, contractors, servants, employees, invitees, licensees, tenants licensees or assigns, invitee.
(b) Tenant covenants that no waster shall be borne solely by committed or suffered upon or to the demised premises, and agrees, at its own cost and expense, to repair and maintain the demised premises, and all fixtures, appurtenances, alteration, additions and improvements in and to the demised premises in good order and condition, including without limitation all doors, windows, window glass, floor covering and interior wall, as well as the plumbing, heating, electrical facilities and appliances in or on the demised premises.
(c) Tenant and shall be deemed Rent hereunder responsible for keeping the demised premises and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety its adjacent sidewalks and tenant abilityparking lot, if any, clean and free of debris, snow and ice, etc. __________________________(b) Tenant covenants and agrees that it will take good care _____________________________ charge for its services for having performed the work on behalf of the Demised Premises tenant. Such costs and all alterations, additions charges shall be deemed additional rent and improvements thereto and will keep and maintain shall be due with the same in good condition and repair, except for normal wear and tearnext installment of rent due thereafter. Any such performance by Landlord on behalf of Tenant shall at once report, in writing, to not be deemed a waiver by Landlord any defective or dangerous condition known to of such default by Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.
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Repairs. (a) Tenant takes the Premises without any representations or warranties from Landlord shall maintain in good order and repairabout its condition, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions either express or implied. By taking possession of the Building leased to other tenants)Premises, the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder to have accepted the Premises as being in good, sanitary order, condition and repair. Tenant shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to at Tenant's sole cost and expense, keep the Demised Premises except interior, non-structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care portion of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same every part thereof in good condition and repair, except for normal damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and tear excepted. However, in no event shall Tenant's obligation to repair under this subsection extend to (1) damage caused by any defects in the design, construction or materials of the Building, including the Premises and improvements installed therein by Landlord; (ii) damage caused in whole or in part by the negligence or willful misconduct of Landlord or Landlord's agents, employees, invitees or licensees; (iii) repairs covered under Operating Expenses; (iv) reasonable wear and tear, (v) conditions covered under any warranties of Landlord's contractors; or (vi) damage by fire and other casualties, or acts of governmental authorities, or acts of God and the elements. Tenant agrees, at Tenant's sole cost and expense, to keep carpeting and drapery in good condition and repair and to replace carpeting and drapery as wear and tear necessitates. Tenant shall at once report, in writing, upon the expiration or early termination of this Lease surrender the Premises to Landlord any defective or dangerous condition known to Tenant. To in good condition., ordinary wear and tear and damage from causes beyond the fullest extent permitted by law, reasonable control of Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effectexcepted. Landlord has shall have no obligation and has made no promise whatsoever to alter, remodel, improve, repair, decorate decorate, or paint the Demised Premises or any part thereof, 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 and expressly herein set forthforth by addendum hereto, if any.
Appears in 1 contract
Repairs. (a) Landlord shall maintain in good order the roof and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions exterior walls of the Building leased to other tenantsand the Premises in good repair, except that Tenant shall have the responsibility for the maintenance repair and replacement of all glass, doors (interior and exterior), windows, and doorways of the Building parking facilitiesPremises. Tenant shall also be responsible for repair, the public areas replacement and the landscaped areas. Notwithstanding the foregoing obligation, the cost maintenance of any repairs exterior walls if the necessity therefore should be the result of Tenant's negligence or maintenance the negligence of any agent, employee, or licensee of Tenant. Tenant shall keep the interior of the Premises in good repair, maintaining, where necessary, all electrical, plumbing, heating, air conditioning and other mechanical installations and systems servicing only the Premises, as well as damage to plumbing and other systems inside of the foregoing necessitated Premises if caused by the intentional acts or negligence omissions of Tenant Tenant, or its Tenant's agents, contractors, employees, inviteesinvitees or licensees inside the Premises. Tenant shall effect all such maintenance, licenseesrepairs and replacements at its own expense and employing materials and labor of a kind and quality equal to the original installations. If Tenant shall fail to maintain, tenants repair or assignsreplace equipment or other installations in or about the Premises as above provided, Landlord, immediately after giving Tenant notice of the necessity for such maintenance, repair or replacement may accomplish the required work and add the costs thereof to the next due rental installment(s) but Tenant shall not be liable to the Landlord for any failure to fulfill the obligations of this paragraph until such time as the Tenant shall be borne solely notified, as aforesaid, in writing of the requirement therefore, provided however, in the event of a bona fide emergency, Landlord need not give such notice to Tenant prior to performing such work. With regard to hearing and air conditioning systems in the Premises, Landlord shall provide for the same to be in good working order upon Tenant's occupancy of the Premises. In addition, Tenant shall maintain at Tenant's sole expense a maintenance and service contract with a reputable heating and a1r conditioning service company for the heating and air conditioning systems and provide that such service contract shall not be canceled for any reason without a ten ( l 0) day notice to Landlord, and deliver to Landlord a copy of such maintenance service contract. If Tenant fails to maintain such contract or if Tenant fails to repair, maintain or replace if caused by failure to maintain the heating and air conditioning system as needed, Landlord at its sole option may accomplish the same and b▇▇▇ the costs thereof to Tenant as Additional Rent and the failure to pay the same within thirty (30) days of submission of Invoice for the same to Tenant shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demandan event of default herein. Landlord shall not be responsible for the replacement of required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care components of the Demised Premises and all alterationsHV AC units as required, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. so long as Tenant shall at once report, in writing, maintains HVAC units to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense servicing requirements of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forththis Lease.
Appears in 1 contract
Repairs. (a) Landlord 12.01. Tenant shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and the fixtures and appurtenances therein and at its sole cost and expense make all alterationsrepairs to the interior and exterior non-structural components of the Demised Premises in accordance with Article 6, additions and improvements thereto and will keep and maintain the same to preserve them in good condition working order and condition. All damage or injury to the Demised Premises, and to its fixtures, glass, appurtenances, and equipment, caused by Tenant moving property in or out of the Building, or by installation or removal of furniture, fixtures, or other property, or resulting from fire, explosion, air-conditioning unit or system, short circuits, flow, or leakage of water, steam, illuminating gas, sewer gas, sewerage, or odors, or by frost, or by bursting or leaking of pipes or plumbing works or gas, or from any other cause of any other kind or nature whatsoever due to carelessness, omission, neglect, improper conduct, or other cause of Tenant, its servants, employees, agents, visitors, or licensees, shall be repaired, restored, or replaced promptly by Tenant, at its sole cost and expense to the reasonable satisfaction of Landlord. All aforesaid repairs, restorations, and replacements shall be in quality and class equal to the original work or installations and shall be done in a good and workmanlike manner. If Tenant fails to make such repairs, restorations, or replacements, same may be made by Landlord at expense of Tenant, after notice and opportunity to cure pursuant to Article 17, and all sums so spent and expenses incurred by Landlord shall be collectible as additional rent and shall be paid by Tenant within ten (10) days after rendition of a b▇▇▇ or statement therefor.
12.02. Tenant shall, at its expense, make all repairs and replacements (except Structural Portions and major components of the Utilities, which are the sole responsible and liability of the Landlord to repair, except maintain and replace), and otherwise, necessary or desirable in order to keep in good order and repair the exterior and interior, non-structural components of the Demised Premises.
12.03. Tenant, at Tenant’s sole cost and expense, shall regularly monitor the Demised Premises for normal wear and tear. Tenant shall at once reportthe presence of mold, in writingmold related conditions, or any conditions that reasonably can be expected to Landlord give rise to mold (“Mold Conditions”), including, but not limited to, observed or suspected instances of water damage, mold growth, repeated complaints of respiratory ailments by Tenant’s employees or other occupants of the Demised Premises, or any defective or dangerous condition known to Tenant. To notice from a governmental agency of complaints regarding the fullest extent permitted by law, Tenant hereby waives all rights to make repairs indoor air quality at the expense Demised Premises and shall promptly notify Landlord in writing if Tenants suspects mold or Mold Conditions to exist at the Demised Premises. In the event mold or Mold Conditions exist at the Demised Premises, then Tenant, at Tenant’s sole cost and expense, shall promptly ensure that mold remediation is conducted pursuant to applicable governmental laws, regulations or guidelines and shall notify Landlord of the actions Tenant is taking. Landlord has no liability to Tenant for mold or Mold Conditions, if any, existing in lieu thereof to vacate the Demised Premises as of the Tenant Possession Date or that may develop or be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint discovered throughout the Demised Premises or any part thereof, except as specifically and expressly herein set forthLease term.
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Repairs. (a) Landlord shall maintain By entry hereunder, Tenant accepts the Premises as being in good order and repairsanitary order, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tearconstructed in accordance with the specifications contained in Exhibit "B" of this Lease. Tenant shall keep, maintain and preserve the Premises in first class condition and repair, and shall, when and if needed, at once reportTenant's sole cost and expense make all repairs to the Premises and every part thereof. Tenant shall, in writingupon the expiration or sooner termination of the term hereof, surrender the Premises to Landlord any defective or dangerous in the same condition known to Tenant. To the fullest extent permitted by lawas when received, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effectusual and ordinary wear and tear excepted. Landlord has shall have no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, . The parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically and expressly herein set forth.
(b) Anything contained in Section 9(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, or omission of any duty by Tenant, its agents, servant, employees or invitees, in which case Tenant shall pay to Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repair or to perform any maintenance unless such failure shall persist for fifteen business (15) days after written notice of the need of such repairs or maintenance is given to Landlord by Tenant unless the nature of such repair or maintenance is such that it cannot be repaired in such fifteen (15) business day period, in which case Landlord shall have a reasonable amount of time to conduct such repair or maintenance provided Landlord commences same within such fifteen (15) business day period and diligently pursues same to completion. There shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alteration or improvements in or to any portion of the Building or the Premises or in or to fixtures, appliances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.
Appears in 1 contract
Sources: Office Space Lease (Stentor Inc)
Repairs. (a) Landlord shall maintain in good order Tenant shall, at Tenant's sole cost and repairexpense, subject to normal wear and tear and subject to casualty and condemnation, keep the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same every part thereof in good condition and repair, except for normal damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and teartear excepted. Tenant shall at once reportupon the expiration or sooner termination of this Lease hereof surrender the Premises to the Landlord in good condition, in writing, to Landlord any defective or dangerous condition known to Tenant. To ordinary wear and tear and damage from causes beyond the fullest extent permitted by law, reasonable control of Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effectexcepted. Landlord has shall have no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereofthereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the building and Tenant's occupancy of the Premises shall be conclusive evidence that the Premises are satisfactory to Tenant.
(b) Notwithstanding the provisions of Subparagraph (a) hereinabove, Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, air conditioning, heating, roof 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 or omission of the Tenant, it agents, servants, employees or invitees, in which case Tenant shall directly and individually, pay to Landlord the reasonable cost of such maintenance and repairs. landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as may be hereinafter provided, there shall be no abatement of Gross Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect, except as specifically and expressly herein set forthin the case of emergencies.
Appears in 1 contract
Sources: Office Lease (Visual Data Corp)
Repairs. (a) Landlord No representations, except as contained herein, have been made to Tenant respecting the condition of the Premises or the Building, and the acceptance of possession of the Premises by Tenant shall maintain be conclusive evidence as against Tenant that the Premises are now in a tenantable and good condition. Tenant shall take good care of the Premises and shall make all repairs as and when necessary in order to preserve the Premises in good working order and repaircondition. In addition, subject to normal wear and tear and subject to casualty and condemnationTenant shall reimburse Landlord, the Building within ten (excluding the Demised Premises and other portions of the Building leased to other tenants)10) days after demand, the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, for the cost of any repairs and all structural or nonstructural repairs, replacements or maintenance to the foregoing necessitated or occasioned by the intentional acts acts, omissions or negligence of Tenant or its agentsany person claiming through or under Tenant, or any of their servants, employees, contractors, employeesagents, invitees, visitors or licensees, tenants or assigns, shall be borne solely by the use or occupancy or manner of use or occupancy of the Premises by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demandor any such person. Landlord shall not be required liable for, and there shall be no abatement of rent with respect to make any repairs injury to or improvements interference with Tenant's business arising from any repairs, maintenance, alteration or improvement in or to any portion of the Premises, the Common Areas or the Building or in or to the Demised Premises except structural repairs necessary for safety and tenant abilityfixtures, appurtenances or equipment therein. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights right to make repairs at Landlord's expense under any statute or common law and instead, all improvements, repairs and/or maintenance expenses incurred with respect to the Premises shall be at the expense of Landlord Tenant, and shall be considered as part of the consideration for leasing the Premises. All damages or in lieu thereof injury done to vacate the Demised Premises as by Tenant or by any person who may be provided in or upon the Premises with Tenant's consent or at Tenant's invitation, shall be repaired with material of equal or better quality than the then existing installation of Building Standard materials and Tenant shall, at the termination of this Lease, surrender the Premises to Landlord in as good condition and repair as when accepted by any lawTenant, statute or ordinance now or hereafter in effect. Landlord has no obligation reasonable wear and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthtear excepted.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (West Bancorporation Inc)
Repairs. (a) Landlord The LESSEE shall at its own expense maintain the leased premises in good order and repair. The LESSEE shall be responsible for the repair of all locks, subject electrical switches and similar installations turned over to normal the LESSEE for its use, excepting any damage to any such installations resulting from any structural defect of the leased premises or of the building itself. When the leased premises are returned, such locks, electrical switches and other installations must be intact and in good order, reasonable ordinary wear and tear and subject to casualty and condemnation, excluded. The repair of any breakage of glass materials or other breakable parts within the Building (excluding leased premises shall likewise be the Demised Premises and other portions responsibility of the Building leased to other tenants)LESSEE, the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated if caused by the intentional acts misconduct or negligence of Tenant the LESSEE, or its agents, contractors, employees, inviteesvisitors, licenseesagents or representatives, tenants or assignsotherwise, such breakage shall be borne solely by Tenant for the account of the LESSOR. Subject to the provisions of the preceding paragraph thereof, the LESSEE shall also be responsible for the proper maintenance and repair of the external walls of the leased premises, the supporting posts and similar portions, the floor of the leased premises (as well as of the floor constituting its ceiling) and electrical, water and plumbing installations of common areas. The repair of any damage for which the LESSEE is responsible shall be deemed Rent hereunder undertaken by the LESSEE at its own expense, through qualified and/or licensed work▇▇▇ ▇▇ contractors upon demand of the LESSOR; provided, however, that should the LESSEE fail or refuse to undertake such repairs promptly after due demand by the LESSOR, then the LESSOR will effect such repairs, and all documented expenses incurred for such repairs shall be reimbursed charged against and paid for by Tenant to Landlord upon demandthe LESSEE, on the rental payment date immediately following said date of completion. Landlord Existing electricals, plumbing or other service installations shall not be required to make any repairs tampered with, changed or improvements to altered, or new installations made, or alterations within the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care premises effected or made by the LESSEE without the prior written consent of the Demised Premises and all alterationsLESSOR, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant which consent shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may not be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthunreasonably withheld.
Appears in 1 contract
Repairs. (a) Landlord shall maintain in good order and repairLandlord, subject at its expense, will make all structural repairs to normal wear and tear and subject to casualty and condemnation, the Building and the Leased Premises (excluding the Demised Premises interior painting and other portions of the Building leased decorating) and to other tenants), the Building parking facilities, the all public areas and facilities in the landscaped areasBuilding used in common by all tenants. Notwithstanding the foregoing obligation, the cost of any Those repairs or maintenance to the foregoing necessitated by the intentional acts negligence, improper care or negligence use of Tenant or Leased Premises by Tenant, its agents, contractors, employees, invitees, licensees, tenants licensees or assigns, invitees shall be borne solely made by Tenant Landlord at the cost and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________expense of Tenant.
(b) Tenant covenants and agrees that it will shall take good care of the Demised Leased Premises and, subject to the provisions of subparagraph (a), shall make, as and when needed, as a result of misuse or neglect by Tenant or Tenant's servants, employees, agents, invitees or licensees, all alterations, additions repairs in and improvements thereto and will keep and maintain about the same Leased Premises necessary to preserve them in good condition order and repaircondition, except for normal wear which repairs shall be in quality and tearclass equal to the original work. Tenant shall at once reportHowever, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs may repair at the expense of Tenant, all damage or injury to the Leased Premises or to the Building or to its fixtures, appurtenances or equipment, caused by Tenant or Tenant's servants, employees, agents, invitees or licensees, or caused by moving property of Tenant in or out of the Building, or by installation or removal of furniture or other property, or resulting from any cause due to the carelessness, negligence or improper conduct of Tenant or Tenant's servants, employees, agents, invitees, or licensees. There shall be no allowance to Tenant for a diminution of rental value and no liability on the part of the Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making repairs, alterations, additions or improvements in or to any portion of the Building or Leased Premises, or in lieu thereof or to vacate fixtures, appurtenances or equipment thereof.
(c) Tenant shall not place a load upon any floor of the Demised Leased Premises as may be provided exceeding the floor load per square foot area which it was designed to carry and which is allowed by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation reserves the right to prescribe the weight and has made no promise position of all safes, business machines and mechanical equipment. Such installations shall be placed and maintained by Tenant, at Tenant's expense, in settings sufficient in Landlord's judgment, to alterabsorb and prevent vibration, remodel, improve, repair, decorate noise and annoyance. The emplacement of all heavy equipment will be done only by licensed riggers or paint movers who are either bonded or show proof of financial responsibility with respect to any damage done to the Demised Premises or any part thereof, except as specifically and expressly herein set forthBuilding during the move.
Appears in 1 contract
Repairs. (a) Landlord Owner shall maintain in good order and repair, subject to normal wear repair the exterior of and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other public portions of the Building leased to other tenants)building. Tenant shall, throughout the term of this lease, take good care of the demised premises including the bathrooms and lavatory facilities (if the demised premises encompass the entire floor of the building) and the windows and window frames and, the Building parking facilities, the public areas fixtures and the landscaped areas. Notwithstanding the foregoing obligation, the appurtenances therein and at Tenant's sole cost of any and expense promptly make all repairs or maintenance thereto and to the foregoing necessitated building, whether structural or non-structural in nature, caused by or resulting from the intentional acts carelessness, omission, neglect or negligence improper conduct of Tenant or its agentsTenant, contractorsTenant's servants, employees, invitees, or licensees, tenants and whether or assignsnot arising from such Tenant conduct or omission, shall be borne solely when required by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care other provisions of the Demised Premises and all alterationsthis lease, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tearincluding Article 6. Tenant shall at once reportalso repair all damage to the building and the demised premises caused by the moving of Tenant's fixtures, in writingfurniture or equipment. All the aforesaid repairs shall be of quality or class equal to the original work or construction. If Tenant fails, after ten days notice, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights proceed with due diligence to make repairs required to be made by Tenant, the same may be made by the Owner at the expense of Landlord Tenant, and the expenses thereof incurred by Owner shall be collectible, as additional rent, after rendition of a bill ▇▇ statement therefor. If the demised premises be or become infested with vermin, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Owner prompt notice of any defective condition in any plumbing, heating system or electrical lines located in the demised premises and following such notice, Owner shall remedy the condition with due diligence, but at the expense of Tenant, if repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees, invitees or licensees as aforesaid. Except as specifically provided in Article 9 or elsewhere in this lease, there shall be no allowance to the Tenant for a diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner, Tenant or others making or failing to make any repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in lieu thereof and to vacate the Demised Premises as may fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be provided entitled to any set off or reduction of rent by reason of any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise failure of Owner to alter, remodel, improve, repair, decorate or paint comply with the Demised Premises covenants of this or any part thereofother article of this lease. Tenant agrees that Tenant's sole remedy at law in such instance will be by way of any action for damages for breach of contract. The provisions of this Article 4, except as specifically and expressly herein set forthwith respect to the making of repairs shall not apply in the case of fire or other casualty with regard to which Article 9 hereof shall apply.
Appears in 1 contract
Sources: Lease Agreement (Medsite Com Inc)
Repairs. 11.01 Subject to Paragraph 11.02 below, Tenant shall, at all times and at its sole cost and expense, keep ail parts of the Premises (including Tenant Improvements and Tenant Alterations) in good order, and in a neat, clean and safe condition. If Tenant does not perform required maintenance, Landlord shall have the right, without waiver of Default nor of any other right or remedy, to perform such obligations of Tenant on Tenant's behalf, and Tenant will reimburse Landlord for any costs incurred immediately upon demand.
11.02 Landlord shall perform all repairs required in the Premises. All costs incurred by Landlord in making such repairs shall be Operating Expenses; provided, Tenant shall reimburse Landlord for 100% of any such costs incurred by Landlord (a) Landlord shall maintain in good order due to the act or omission of Tenant (including but not limited to clogging of plumbing, stain removal, and repair, subject repair of damage to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenantsPremises), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any or (b) for repairs or maintenance to the foregoing necessitated in excess of or other than routine Building standard repairs and maintenance as determined by the intentional acts Landlord In its sole 'discretion (for example, maintenance of any above standard dedicated HVAC unit repair of built-in appliances, or negligence periodic replacing of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tearabove standard light bulbs). Tenant shall at once report, expressly waives the benefit of any statute or other legal right now or hereafter in writing, to Landlord any defective or dangerous condition known to Tenant. To effect which would otherwise afford Tenant the fullest extent permitted by law, Tenant hereby waives all rights right to make repairs at Landlord's expense, whether by deduction of rent or otherwise, or to terminate this Lease because of Landlord's failure to keep the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any lawProperty, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereofthereof in good order, except as specifically condition and expressly herein set forthrepair.
Appears in 1 contract
Repairs. (a) Tenant shall, at its sole cost and expense, maintain, repair and keep the Premises (including, without limitation, all tenant improvements) in good order and condition (except that as to structural repairs, Landlord shall make same at its sole cost and expense (except to the extent such costs and expenses are includable in Operating Expenses) unless necessitated by any act, omission, occupancy or negligence of Tenant (including, without limitation, by reason of any Alterations or any breach of this Lease by Tenant) or by the use of the Premises in a manner contrary to the purposes for which same are leased to Tenant, in which case Tenant shall be so obligated to pay for same) and, upon the expiration or earlier termination of the Term, shall surrender the same to Landlord in the condition required under this Lease. Tenant's obligation shall include, without limitation, the obligation to repair all damage caused by Tenant, its agents, employees, invitees and licensees to the equipment and other installations in the Premises, the Property, the Complex, and the Building. Any maintenance, repair or replacement to the windows (including, without limitation, any solar film attached thereto), the building systems, the building's structural components or any areas outside the Premises which is Tenant's obligation to perform shall be performed by Landlord at Tenant's reasonable expense. Tenant shall not commit or allow to be committed any waste or damage to any portion of the Premises the Property, the Complex, or the Building.
(b) Except to the extent same is Tenant's responsibility pursuant to the provisions of this Lease, Landlord shall maintain in good order and repaircondition the exterior and the structural elements of the Building, subject to normal wear and tear and subject to casualty and condemnation, including the Building (excluding the Demised Premises and other structural portions of the Building leased to other tenants)Premises, the Building parking facilities, the public areas and all Common Areas and the landscaped areascondenser water, plumbing, electrical, mechanical and other Building systems serving the Premises (excluding all distributions of such systems in the Premises and the bathrooms on full floors of the Premises). Notwithstanding the foregoing obligationIn addition, the cost of any repairs or maintenance Landlord shall make all repairs, restorations and replacements, structural and otherwise, interior and exterior, ordinary and extraordinary, in and to the foregoing necessitated by Premises the intentional acts need for which arises out of the negligence or negligence willful misconduct of Tenant Landlord or its agents, contractors, employees, invitees, licensees, tenants agents or assigns, contractors. All such repairs shall be borne solely by Tenant made and performed with reasonable diligence to minimize interference with the conduct of Tenant's business and access to the Premises, provided, however, nothing contained in this sentence shall be deemed Rent hereunder and shall be reimbursed by to impose upon Landlord any obligation to employ contractors or labor at so-called overtime or other premium pay rates (unless landlords of unaffiliated first class office buildings in the vicinity of the Building generally would do so under similar circumstances or otherwise if Tenant agrees to Landlord upon demandpay for such overtime or premium pay rates). Landlord shall not be required to make any repairs or improvements to perform its obligations under this Section 7.04(b) in a manner consistent with unaffiliated first class office buildings of like age, construction and size in the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care vicinity of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthBuilding.
Appears in 1 contract
Repairs. (a) Landlord shall maintain in good order 7.1 Tenant, at its sole cost and repairexpense, subject to normal wear and tear and subject to casualty and condemnation, throughout the Building (excluding the Demised Premises and other portions term of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assignsthis Lease Agreement, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises (including any improvements now existing or hereafter erected or installed on the Land), and all alterations, additions and improvements thereto and will shall keep and maintain the same in good order and condition and repairshall make and perform all maintenance and replacements thereof and all necessary repairs thereto, except interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, of every nature, kind and description which are necessary for normal wear and tearthe continued operation of Renaissance ▇▇▇▇▇▇ on the Demised Premises. All repairs made by Tenant shall at once reportbe made by Tenant in accordance with all laws, ordinances and regulations whether heretofore or hereafter enacted. The necessity for or adequacy of maintenance and repairs shall be measured by the standards which are appropriate for improvements of similar construction and class, provided that Tenant shall in writing, any event make all repairs necessary to avoid any structural damage or other damage or injury to the Improvements.
7.2 Landlord shall not be required to furnish any defective services or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights facilities or to make any repairs at the expense of Landlord or in lieu thereof alterations in, about or to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereofimprovements hereafter erected thereon. Tenant hereby assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Demised Premises and all improvements hereafter erected thereon, and Tenant hereby waives any rights created by any law now or hereafter in force to make repairs to the Demised Premises or improvements hereafter erected thereon at Landlord's expense.
7.3 Tenant shall not do or suffer any waste or damage, disfigurement or injury to the Demised Premises, or any improvements hereafter erected thereon, or to the fixtures or equipment therein.
7.4 Tenant agrees to procure, at Tenant's expense (but with the assistance and cooperation of Landlord), initially and as often thereafter during the term of this Lease as required, any and all permits required for the operation of the Renaissance Faire on the Demised Premises including, but not limited to, those required for food service and sanitation, except as specifically to the extent that such permits are, by law, the responsibility of the food and expressly herein product vendors participating at the Renaissance Faire. Landlord shall utilize its best efforts to obtain necessary permits related to parking, which permit shall be obtained at its expense, consistent with Landlord's responsibilities set forthforth in Paragraph 20.2 hereof.
Appears in 1 contract
Repairs. (a) Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, repair the exterior of the Building (excluding and the structural portions of the Building, and all Building systems servicing the Demised Premises including the structural portions of the Demised Premises, provided such repair is not occasioned by Tenant's negligence or its alterations; and other the public portions of the Building leased and all Building systems servicing the Demised Premises, (including, but not limited to, all plumbing, electrical, heating and ventilating systems but expressly not Tenant's internal system pursuant to other tenantsArticle 54 hereof). In addition to the foregoing, Landlord shall maintain and keep in working condition and repair, only if supplied or installed by Landlord, the Building parking facilitiesradiators, central air conditioning equipment and ducting, electrical conduit and risers, lighting fixtures, water columns and pipes, serving the Demised Premises, provided such need for repair is not caused by Tenant, its agents, employees or contractors. Tenant shall, throughout the term of this lease, take good care of the Demised Premises including the windows and window frames and, the public areas fixtures and appurtenances therein and at Tenant's sole cost and expense promptly make all repairs thereto and to the landscaped areasBuilding, whether structural or non-structural in nature, caused by or resulting from the carelessness, omission, neglect or improper conduct of Tenant, Tenant's servants, employees, invitees, or licensees. Notwithstanding the foregoing obligation, the cost of In no event shall Tenant be obligated to make any repairs (structural or maintenance non-structural) or replacements necessitated by, or to the foregoing necessitated by the intentional acts repair damage due, in whole or in part, to any act, omission or negligence of Tenant Landlord or its Landlord's agents, contractors, employees, invitees, licensees, tenants servants and contractors. Tenant shall also repair all damage to the Building and the Demised Premises caused by the moving of Tenant's fixtures, furniture or assigns, equipment. All the aforesaid repairs shall be borne solely of quality or class equal to the condition existing prior to the damage, ordinary wear and tear, obsolescence and damage by casualty excepted. If Tenant fails, after ten (10) days written notice from Landlord, to proceed with due diligence to make repairs required to be made by Tenant under this Article 4, the same may be made by the Landlord at the expense of Tenant, and the actual reasonable expenses thereof incurred by Landlord shall be deemed Rent collectible, as additional rent within thirty (30) days, after rendition of a ▇▇▇▇ or statement therefor. If the Demised Premises be or become infested with vermin by reason of Tenant's actions or omissions, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Landlord prompt notice of any defective condition in the Demised Premises for which Landlord may be responsible hereunder and shall be reimbursed by Tenant (including but not limited to Landlord upon demandplumbing, heating system or electrical lines located in the Demised Premises). Notwithstanding the foregoing, Tenant's failure to give such notice to Landlord shall not be required to make any repairs deemed a waiver by Tenant or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________Tenant's rights or a discharge of Landlord's obligations hereunder (b) provided Tenant covenants and agrees that it will take good care gives notice of the Demised Premises same within the three (3) month period immediately following the occurrence of the defective condition). Landlord shall, at its sole cost and all alterationsexpense, additions and improvements thereto and will keep and maintain remedy the same in good condition and repairwith due diligence, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs but at the expense of Tenant, if repairs are necessitated by damage or injury attributable to Tenant, Tenant's servants, agents, employees, invitees or licensees as aforesaid. There shall be no allowance to the Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making or failing to make any repairs, alterations, additions or improvements in lieu thereof or to vacate any portion of the Demised Premises as may be provided by any law, statute Building or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part in and to the fixtures, appurtenances or equipment thereof. The provisions of this Article 4 with respect to the making of repairs shall not apply in the case of fire or other casualty with regard to which Article 9 shall apply. Landlord agrees to substantially complete the following common area or public portion upgrades within six (6) months from the date of execution of this Lease:
1. Lobby - Periodic restoration of marble floors, except wall and ceiling murals; installation of a "Dignified First Class" lobby kiosk directory;
2. Bathrooms - All existing bathrooms to be periodically renovated.
3. Elevator Cabs - Remodeled "State of the Art" controls and new elevator cabs.
4. Risers - Building will be providing a secure riser management system. Riser space is available as specifically and expressly herein set forthper building's rate schedule (as outlined in the Generator Article of this lease). There shall be no charge for Tenant to run conduit between Tenant's contiguous floors as long as it is within the space occupied by Tenant, i.e. within the Demised Premises; and
5. Upgrade Class "E" System.
Appears in 1 contract
Sources: Office Lease (Intira Corp)
Repairs. (a) Tenant shall pay Tenant’s Proportionate Share of all structural and non-structural repairs and maintenance in and to the Premises, which Landlord shall maintain determines are reasonably necessary or desirable in order to keep the Premises in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Premises and Demised Premises and all alterationsthe fixtures and appurtenances therein. All damage or injury to the Premises and Demised Premises and to such fixtures and appurtenances, or to the Building, or to its fixtures, appurtenances and equipment, caused by Tenant’s moving property in and out of the Building, the Premises or the Demised Premises, or by installation or removal of fixtures, furniture or other property, or from any other cause, shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense. All repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restorations or replacements, the same may be made by Landlord, at Tenant’s expense, and the amounts spent by Landlord (together with interest thereon at the per annum rate of ten (10%) percent, or if such rate be illegal then at the highest permissible rate, from the date of Landlord’s expenditure through the date of Tenant’s payment in full) shall be collectible as additional rent, to be paid by Tenant within fifteen (15) days after rendition of a ▇▇▇▇ and invoices from any contractor utilized by Landlord (if any). Notwithstanding anything to the contrary contained in Section 10.01(a), Tenant shall not be responsible for any structural repairs (i) necessitated by damage or condition that existed prior to the date of this Lease, or (ii) requested solely by any other tenant of the Premises, unless said damage has been caused or increased by the Tenant.
(b) There shall be no allowance to Tenant for a diminution of rental value, and no liability on Landlord’s part, by reason of inconvenience, annoyance or injury to Tenant’s business arising from the making of repairs, alteration, additions and or improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, or to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part the Premises, or to the fixtures, appurtenances or equipment thereof, except by Landlord, Tenant or others. Landlord will use commercially reasonable efforts to not interrupt Tenant’s use and enjoyment of the Demised Premises when making such repairs, alterations, additions or improvements, but the obligation to use commercially reasonable efforts shall not require Landlord to employ overtime labor or pay any premium or surcharge for labor or materials.
(c) Business machines and mechanical equipment belonging to Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building’s structure, or to any leased space therein, to such a degree as specifically to be objectionable to Landlord or to any other tenant or occupant at the Premises, shall be placed and expressly herein set forthmaintained by Tenant, at its sole expense, in settings of cork, rubber or spring-type vibration eliminators or other means sufficient to absorb and prevent such vibration, noise, cold or heat.
Appears in 1 contract
Sources: Lease (GTJ REIT, Inc.)
Repairs. (a) Landlord shall maintain in good order the Common Areas and repairthe exterior walls, subject to normal wear roof and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions foundation of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding heating, ventilating, air conditioning, electrical, plumbing and mechanical systems provided by Landlord in the foregoing obligationBuilding, and the cost of any repairs or maintenance thereof shall be included in Operating Charges subject to the foregoing necessitated provisions of Section 3.2; provided, however, that if any such repairs shall be occasioned by the intentional acts or negligence of Tenant or Tenant, its agents, contractors, employees, customers or invitees, licenseesor the particular nature of Tenant's use of the Premises, tenants or assigns, Tenant shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to responsible for the entire cost of such repairs. Except for the repairs Landlord upon demand. Landlord shall not be required is specifically obligated to make any as set forth above, Tenant shall, at its expense, during the Lease Term, make all other necessary repairs or improvements and replacements to the Demised Premises except structural repairs necessary for safety (including any restrooms within the Premises), and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repairrepair so that at the expiration of the Term, except for normal the Premises shall be surrendered to Landlord in the same condition that the same are in at the commencement of the Term, ordinary wear and teartear excepted. At the request of Tenant, Landlord shall replace any light bulbs, tubes and ballasts in the Premises and Tenant shall pay Landlord the cost thereof within ten (10) days after receipt of a written demand from Landlord. Tenant shall be responsible for repairing any damage to the Building caused by the installation or moving of Tenant's furniture, equipment and personal property. Tenant shall, at once reportits expense, also repair or replace with glass of equal quality any broken or cracked plate or other glass in doors or windows in the Premises. Tenant shall not defer any repairs or replacements to the Premises by reason of the anticipation of the expiration of the Term. The surrender of the Premises upon the expiration or early termination of this Lease shall not relieve Tenant of the obligation to pay for all repairs or replacements to the Premises which Tenant was obligated to perform during the Lease Term, which obligation shall survive the expiration or early termination of this Lease. Landlord, at Landlord's option, may elect to perform all or part of the maintenance, repairs and servicing which is the obligation of Tenant hereunder, in writingwhich event the cost thereof shall be billed directly to and paid by Tenant as additional rent. Except as aforesaid, to Landlord any defective or dangerous condition known to Tenant. To in the fullest extent permitted by lawevent that, Tenant hereby waives all rights to make repairs at the expense request of Tenant, Landlord performs any maintenance, repairs or in lieu thereof to vacate servicing of the Demised Premises as may be provided by any lawwhich is the obligation of Tenant hereunder, statute or ordinance now or hereafter in effect. then Tenant shall pay Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthdirectly therefor.
Appears in 1 contract
Repairs. (a) Landlord shall maintain Subject to Articles 11 and 13 and this Article 7, Tenant shall, at ▇▇▇▇▇▇'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, in good order order, repair and repaircondition at all times during the Lease Term. In addition, subject to normal wear and tear the terms of Article 11, below, Tenant shall, at ▇▇▇▇▇▇'s own expense, but under the supervision and subject to casualty the prior approval of Landlord, and condemnationwithin 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, ordinary wear and tear, casualty, condemnation 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 (excluding and/or the Demised Premises Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other portions of the Building leased to other tenants), the Building parking facilities, the public areas costs or expenses arising from Landlord's involvement with such repairs and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord replacements forthwith upon demandbeing billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make any repairs such repairs, alterations, improvements or improvements additions to the Demised Premises except structural repairs or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary for safety and tenant abilityor as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep Landlord shall repair and maintain the same in good order, condition and repair, except for normal wear the structural portions of the Project (including, without limitation, foundations, exterior walls, bearing walls and tear. support beams), the exterior windows of the Project, the roof of the Project, the Building systems and Building equipment and the Common Areas of the Project; provided, however, to the extent such Landlord-required maintenance and repairs are required to be performed as a result of the negligence or willful misconduct or breach of this Lease by Tenant, its agents, employees or invitees, Tenant shall at once report, in writing, pay to Landlord any defective or dangerous condition known to Tenantas additional rent, the reasonable cost of such maintenance and repairs. To the fullest extent permitted by law, Tenant hereby waives any and all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.under
Appears in 1 contract
Sources: Office Lease (Aadi Bioscience, Inc.)
Repairs. (a) Landlord Subject to Article II hereof and to Lessee's specific obligations, except to the extent of any damage caused by the fault or negligence of Lessee, Lessor shall use its reasonable efforts to maintain and keep in good order order, condition and repairrepair all common areas of the Office Complex and the structural portions of the Office Complex, subject including the outer walls, roof, floors, foundations, load bearing members, trusses, and joists, the HVAC facilities serving the Premises, and the portions of the plumbing and electrical lines located outside of the Premises which serve the Premises. Subject to normal Article VI hereof, Lessee shall, during the term of this Lease, at Lessee's expense, keep the Premises in as good order, condition and repair as they were at the time Lessee took possession of the same, reasonable wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises damage from fire and other portions casualties excepted. Lessee shall keep the Premises in a neat and sanitary condition, and Lessee shall not commit any nuisance or waste on the Premises or in, on or about the Office Complex, throw foreign substances in the plumbing facilities, or waste any of the Building leased to other tenants), utilities furnished by the Building parking facilities, the public areas and the landscaped areasLessor. Notwithstanding the foregoing obligation, the cost of any repairs All uninsured damage or maintenance injury to the foregoing necessitated Premises or to the Office Complex caused by Lessee moving furniture, fixtures, equipment or other devices in or out of the intentional acts Premises or negligence the Office Complex or by installation or removal of Tenant furniture, fixtures, equipment, devices or other property of Lessee or its agents, contractors, servants or employees, inviteesdue to carelessness, omission, neglect, improper conduct or other cause of Lessee or its servants, employees, agents, visitors or licensees, tenants or assigns, shall be borne solely repaired, restored and replaced promptly by Tenant Lessee at its sole cost and expense to the reasonable satisfaction of Lessor. All repairs, restorations and replacements shall be in quality and class equal to the original work and shall be deemed Rent hereunder comply with all requirements of this Lease. Lessor and its employees and agents shall have the right to enter the Premises at any reasonable time or times for the purpose of inspection, cleaning, repairs, altering or improving the same but nothing contained herein shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required construed as imposing any obligation on Lessor to make any repairs repairs, improvements, altera- -32- tions, additions or improvements installations which are the obligation of Lessee. At least thirty (30) days prior to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care expiration of the Demised Premises term, Lessor and all alterations, additions and improvements thereto and will keep and maintain Lessee shall arrange a joint inspection of the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthPremises.
Appears in 1 contract
Sources: Office Lease (Udc Homes Inc)
Repairs. (a) a. Subject to Tenant's right to inspect the Premises prior to occupancy thereof and submit a "Punch List" to Landlord shall maintain in good order and repairaccordance with Paragraph 32 of this Lease, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions by taking possession of the Building leased to other tenants)Premises, the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder to have accepted the Premises as being in good, sanitary order, condition and shall be reimbursed by repair. Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to shall, at Tenant's sole cost and expense, keep the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same every part thereof in good condition and repair, except for normal damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and teartear excepted. Tenant shall at once reportshall, upon the expiration or sooner termination of this Lease hereof, surrender the Premises to the Landlord in writinggood 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 any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has shall have no obligation and has made no promise whatsoever to alter, remodel, improve, repair, decorate or paint the Demised 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 and expressly herein set forth.
b. Landlord shall repair and maintain the structural portions of the Building, including the roof, basic plumbing, air conditioning, heating, and electrical and sprinkler systems installed or furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by the Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord the reasonable cost of such maintenance and repairs. The cost of all such repairs (except repairs of structural defects) shall be included in Operating Expenses as provided in Article 7 hereof. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 22 hereof, and subject to the provisions of Article 21, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Except in the event of an emergency, Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.
Appears in 1 contract
Sources: Lease (Vstream Inc /Co)
Repairs. a. Landlord shall, at all times during the term of this Lease, keep in good order, condition and repair those portions of the roof, foundations and structural walls of Landlord's Building which affect the use and occupancy of the Premises. Landlord shall also, at its cost and expense, keep and maintain the heating and air conditioning systems, plumbing, lighting fixtures within or serving the Premises and the other utility lines to the Premises in good order condition and repair. Notwithstanding the foregoing, however, Landlord shall not be responsible to repair any damage to the Premises or to Landlord's Building resulting from the negligent acts or omissions of Tenant, Tenant's employees or invitees, or resulting from fire, acts of God, or other casualties or resulting from condemnation, except to the extent described in Sections 26 and 27 below.
b. Notwithstanding subparagraph (a) Landlord above, Tenant shall repair, at its expense, any damage to Landlord's Building or the Premises caused by, or resulting from, any negligent act of Tenant, its employees, invitees or others acting on its behalf. Tenant shall also, at its cost and expense, maintain in good order order, condition and repairrepair all wall, subject to normal wear window and tear floor coverings, all trade fixtures and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence all personal property of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. within the Premises.
c. Landlord shall not be required to make any repairs hereunder until Tenant has notified Landlord of the need for such repairs. Following receipt of such notice, Landlord shall promptly pursue the completion of any such repairs with due diligence. Except as provided herein, there shall be no abatement of rent and no liability of Landlord by reason of any damages to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of Landlord's Building or the Demised Premises except structural repairs necessary for safety or in or to fixtures, appurtenances and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tearpersonal property therein. Tenant shall at once report, waives the right to terminate this Lease in writing, the event of any failure to Landlord any defective make repairs or dangerous condition known to Tenant. To maintenance and the fullest extent permitted by law, Tenant hereby waives all rights right to make repairs at the Landlord's expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by under any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise Nothing in the Section 15.c. will impair Tenant's right to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthrecover damages from Landlord.
Appears in 1 contract
Sources: Lease (Bisys Group Inc)
Repairs. (a) Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), and all plumbing, glass, HVAC, wiring and telephone which is a part of the Building systems (and not a part of any improvements built as part of any tenant's fit-up and finish work), the Building parking facilities, the public areas and the landscaped areas; provided, however, that the cost of maintaining such items shall be included as an Operating Expense in accordance with and subject to Article 9 herein. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs and Building systems (as set forth above) necessary for safety and tenant ability. __________________________tenantability.
(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and teartear and casualty. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.
Appears in 1 contract
Repairs. (a) Landlord shall maintain By entry hereunder, Tenant accepts the Premises as being in good order and sanitary order, condition and repair. Tenant shall keep, maintain and preserve the Premises in first class condition and repair, subject and shall, when and if needed, at Tenant's sole cost and expense, make all repairs to normal the Premises and every part thereof Tenant shall, upon the expiration or sooner termination of the term hereof, surrender the Premises to Landlord in the same condition as when received, usual and ordinary wear and tear and subject excepted. Landlord shall have no obligation to casualty and condemnationalter, remodel. improve, repair, decorate, or paint the Premises or any part thereof The parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
(excluding b) Anything contained in Paragraph 13
(a) above to the Demised Premises contrary notwithstanding, Landlord shall repair and other maintain the structural portions of the Building leased to other tenants)Building, including the Building parking facilitiesfoundation, building shell. and roof structure, all at Landlord's expense, unless such maintenance and repairs are caused in part or in whole by the public areas and the landscaped areas. Notwithstanding the foregoing obligationact, the cost neglect, or omission of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence duty of Tenant or Tenant, its agents, contractors, employees, or invitees, licenseesin which event Tenant shall reimburse Landlord, tenants as additional rent, for the reasonable cost of such maintenance and repairs. Landlord shall also repair and maintain the basic plumbing, elevators, life safety systems and other building systems, heating, ventilating, air conditioning and electrical systems installed or assignsfurnished by Landlord, the roof membrane, the parking areas, driveways, sidewalks, landscaping, project signs and exterior site lighting. The cost of the foregoing repairs and maintenance shall be borne solely by billed to Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant as operating costs pursuant to Landlord upon demandParagraph 4. Landlord shall not be required liable for any failure to make any such repairs or improvements to the Demised Premises except structural repairs necessary perform any maintenance unless such failure shall persist for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care an unreasonable time after written notice of the Demised need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Article 21 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tearequipment therein. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To waives the fullest extent permitted by law, Tenant hereby waives all rights right to make repairs at the Landlord's expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by under any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.
Appears in 1 contract
Sources: Office Building Lease (Xacct Technologies 1997 LTD)
Repairs. (a) Landlord Tenant shall maintain and preserve the Premises in good order and repaircondition, subject to normal reasonable wear and tear excepted, and subject shall, when and if needed, at Tenant's sole cost, make all repairs to casualty the Premises and condemnationevery part thereof, including, without limitation, the Building (excluding the Demised Premises and other portions interior surfaces of the Building leased to other tenants)ceilings, the Building parking facilitieswalls and floors, the public areas all doors, all interior windows, all non- standard plumbing, pipes, electrical wiring, light fixtures and the landscaped areas. Notwithstanding the foregoing obligationbulbs, the cost of any repairs switches, furnishings, signs and special items and equipment installed by or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Tenant. Except as specifically set forth in this Lease, Tenant and Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. affirm that Landlord has no obligation and has made no promise representations to Tenant respecting the condition of the Premises, the Building, the Common Areas, or the Project and Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof. Except as provided in Addendas #59, #61 and #62
(b) Anything contained in Paragraph 15
(a) to the contrary notwithstanding, Landlord shall repair and maintain the structural portions of the Building and the building-standard plumbing, heating, ventilating, air conditioning, elevator and electrical systems, unless such maintenance and repairs are required in part or in whole by the act, neglect or omission of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Paragraph 23, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building, the Premises, the Common Areas, or the Project or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as specifically otherwise expressly provided under this Lease.
(c) As between Landlord and expressly herein set forthTenant, Landlord is recognized as the owner of telephone cable and related wiring serving the Premises (the "TELEPHONE CABLE") and situated in the Premises and the Common Areas. Tenant shall be responsible for the maintenance of all Telephone Cable within the Premises. Tenant's access to the Common Areas for the purposes of installing and maintaining the Telephone Cable is conditioned upon Landlord's approval of Tenant's telephone service contract and appropriate insurance policies being obtained by the entity installing the Telephone Cable. Landlord shall not be responsible and shall have no liability for interruption in or failures of telephone service. Tenant shall abide by all reasonable, written and nondiscriminatory rules and regulations hereafter promulgated by Landlord regarding access to the Telephone Cable. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, losses, liabilities, costs and expenses, including, without limitation, actual attorneys' fees, incurred by Landlord and related to Tenant's access to or work in connection with the Telephone Cable.
Appears in 1 contract
Sources: Office Building Lease (Prosoft I Net Solutions Inc)
Repairs. (a) Landlord Section 6.01. Tenant shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and the fixtures therein and all alterationsportions of the HVAC, additions mechanical, plumbing and improvements electrical systems within and exclusively serving the Demised Premises, and at its sole cost and expense make all repairs thereto as and will keep and maintain the same when needed to preserve them in good condition working order and repaircondition, except for normal wear and tearto the extent such repairs are needed as a result of Landlord's misuse or negligence. Tenant shall at once report, in writing, All damage or injury to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or the Building or to any part thereofbuilding equipment or systems caused by Tenant moving property in or out of the Building or by installation or removal of personalty or resulting from negligence or conduct of Tenant, except its employees, agents, contractors, customers, invitees and visitors, shall be repaired, promptly by Tenant at Tenant's expense, and whether or not involving structural changes or alterations, to the satisfaction of Landlord. All repairs shall include replacements or substitutions where necessary and shall be at least equal to the quality, class and value of the property repaired, replaced or substituted and shall be done in a good and workmanlike manner.
Section 6.02. Landlord, at its expense, shall maintain and make all repairs and replacements, structural and otherwise, to the exterior and public portions of the Building, to the sidewalks, to the common areas, to the Building fixtures and equipment and to the Demised Premises, unless Tenant is required to make them under the provisions of Section 6.01 or unless required as specifically a result of the performance or existence of alterations performed by Tenant or on Tenant's behalf, in which event Tenant, at its expense, shall perform such maintenance, repairs or replacements. Tenant shall notify Landlord of the necessity for any repairs for which Landlord may be responsible in the Demised Premises under the provisions of this Section after learning of same, and expressly herein set forthLandlord shall make such repairs promptly. Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to make in or to any portion of the Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Demised Premises. However, Landlord shall use reasonable efforts to make such repairs or changes in an manner that minimizes interference with the normal conduct of Tenant's business, provided Landlord shall not be required to employ overtime or premium labor. All repairs shall include replacements or substitutions where necessary and shall be at least equal to the quality and value of the property repaired, replaced or substituted and shall be done in a good and workmanlike manner.
Section 6.03. Tenant shall not store or place any materials or other obstructions in the lobby or other public portions of the Building, or on the sidewalk abutting the Building.
Appears in 1 contract
Sources: Lease (Escala Group Inc)
Repairs. (a) Landlord shall maintain By entry hereunder, Tenant accepts the Premises as being in good order and repairorder, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair. Tenant shall, except for normal when and if needed or whenever reasonably requested by Landlord to do so, maintain and make repairs to the Premises and every part thereof, to keep, maintain and preserve the Premises in first class condition, excepting ordinary wear and tear. Tenant shall at once report, in writing, upon the expiration or sooner termination of the Term hereof surrender the Premises to Landlord any defective or dangerous in the same condition known to Tenant. To the fullest extent permitted by lawreceived, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effectordinary wear and tear excepted. Landlord has shall have no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, 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 and expressly herein set forth.
(b) Anything contained in the Subsection above to the contrary notwithstanding, Landlord shall repair and maintain the structural portions of the Building, including the plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or the omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Tenant shall maintain and repair at its sole cost and expense, and with maintenance contractors approved by Landlord, all Premises facilities, installed by Tenant or on behalf of Tenant or existing in the Premises at the time of the delivery of possession of the Premises to Tenant by Landlord. The provisions of the preceding sentence of this Subsection shall not apply to the electrical, plumbing and HVAC systems provided by Landlord to Tenant, which maintenance and repair shall be the responsibility of the Landlord.
Appears in 1 contract
Repairs. (a) Landlord 6.1. Subject to Section 13 below, Tenant shall maintain the Premises, including the interior and exterior of the building, windows, doors, sprinkler system, wiring, plumbing, pipes, conduits and other utilities which are easily accessible from the interior of the building on the Premises, landscaping, parking areas, walkways and driveways, in good order repair and repaircondition, subject to normal reasonable wear and tear and damage by casualty excepted, and will so deliver the Premises to Landlord at the termination of this Lease. Tenant shall be responsible for normal maintenance, repair and servicing of the roof and heating, ventilating, and air conditioning system (the "HVAC") and, subject to casualty and condemnationpotential, partial reimbursement as described below, the Building replacement thereof (excluding and of major components thereof). In the Demised Premises and other portions event Tenant replaces the roof or the HVAC (or major components thereof) during the term of this Lease, then at the expiration or earlier termination of the Building leased to other tenants)Term, Landlord shall reimburse Tenant, in cash, for the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, then remaining unamortized portion of the cost of such replacement. Tenant shall have no obligation to repair any repairs damage or maintenance to the foregoing necessitated defects caused by the any intentional acts act or negligence of Tenant Landlord, its agents or contractors or which may be caused by or result from any repairs, alterations, replacements or other improvements or installations made by Landlord, its agents, agents or contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely . Any such repairs effected by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Landlord within fifteen (15) days following billing from Tenant.
6.2. Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care make all repairs and all alterations required by any laws, ordinances or regulations of any public authorities to bring the Premises into conformity with all governmental codes. Landlord shall, at its sole cost and expense, maintain and repair the foundation, floor slab, and other structural portions of the Demised Premises and all alterationsPremises. Landlord shall repair any damage or defects caused by the intentional act or negligence of Landlord, additions and improvements thereto and will keep and maintain the same in good condition and repairits agents or contractors, except for normal wear and tearor by any previous Landlord work done improperly. Tenant shall at once report, in writing, to give Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make notice of such repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any lawrequired under the terms of this Section, statute or ordinance now or hereafter in effect. and Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint shall complete the Demised Premises or any part thereof, except as specifically and expressly herein set forthsame with reasonable diligence.
Appears in 1 contract
Sources: Lease Agreement (Leslies Poolmart)
Repairs. (a) Landlord shall maintain By entry hereunder, Tenant accepts the Premises as being in good order and repairorder, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair. Tenant shall, except for normal when and if needed or whenever reasonably requested by Landlord to do so, maintain and make repairs to the Premises and every part thereof, to keep, maintain and preserve the Premises in first class condition, excepting ordinary wear and tear. Tenant shall at once report, in writing, upon the expiration or sooner termination of the Term hereof surrender the Premises to Landlord any defective or dangerous in the same condition known to Tenant. To the fullest extent permitted by lawreceived, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effectordinary wear and tear excepted. Landlord has shall have no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, thereof and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises except as specifically and expressly herein set forth.
(b) Anything contained in the Subsection above to the contrary notwithstanding, Landlord shall repair and maintain the structural portions of the Building, including the roof, exterior walls, foundation, exterior light bulbs and globes, exterior landscaping and heating, ventilating, air-conditioning systems installed or furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault of or the omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Tenant shall maintain and repair at its sole cost and expense, all Premises facilities, installed by Tenant or on behalf of Tenant or existing in the Premises at the time of the delivery of possession of the Premises to Tenant by Landlord. The provisions of the preceding sentence of this Subsection shall not apply to the HVAC systems provided by Landlord to Tenant, which maintenance and repair shall be the responsibility of the Landlord.
Appears in 1 contract
Repairs. (a) Landlord Owner shall maintain in good order and repair, subject to normal wear repair the exterior of and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions public portion of the Building leased to other tenants)building. Tenant shall, throughout the Building parking facilitiesterm of this lease, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises demised premises including the bathrooms and lavatory facilities (if the demised premises encompass the entire floor of the building) and the windows and window frames and, the fixtures and appurtenences therein and at Tenant’s sole cost and expense promptly make all alterations, additions and improvements repairs a thereto and will keep to the building, whether structural or non-structural in nature, caused by or resulting from the carelessness, omission, neglect or improper conduct of Tenant, Tenant’s servants, employees, invitees or licensees, and maintain the same in good condition and repairwhether or not arising from such Tenant conduct or omission, except for normal wear and tear. when required by other provisions of this lease, including Article 6, Tenant shall at once reportalso repair all damage to the building and the demised premises caused by the moving of Tenant’s fixtures, in writingfurniture or equipment. All the aforesaid repairs shall be of quality or class equal to the original work or construction. It Tenant fails, after ten days notice, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights proceed with due diligence to make repairs required to be made by Tenant, the same may be made by the Owner at the expense of Landlord Tenant, and the expenses thereof incurred by Owner shall be collectible, as additional rent, after rendition of a b▇▇▇ or statement therefore. If the demised premises be or become infested with vermin, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Owner prompt notice of any defective condition in any plumbing, heating system or electrical lines located in the demised premises and following such notice, Owner shall remedy the condition with due diligence, but at the expense of Tenant, if repairs are necessitated by damage or injury attributable to Tenant, Tenant’s servants, agents, employees, invitees or licensees as aforesaid. Except as specifically provided in Article 9 or elsewhere in this lease, there shall be no allowance to the Tenant for a diminution of rental value and no liability on the part of Owner by reason of inconvenience, annoyance or injury to business arising from Owner, Tenant or others making or failing to make any repairs, alterations, additions or improvements in or to any portion of the building or the demised premises or in lieu thereof and to vacate the Demised Premises as may fixtures, appurtenances or equipment thereof. It is specifically agreed that Tenant shall not be provided entitled to any set off or reduction of rent by reason of any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise failure of Owner to alter, remodel, improve, repair, decorate or paint comply with the Demised Premises covenants of this or any part thereof, except as specifically and expressly herein set forthother article of this lease. Tenant agrees that Tenant’s sole remedy at law in such instance will be by way of any action for damages for breach of contract. The provisions of this Article 4 with respect to the making of repairs shall not apply in the case of fire or other casualty with regard to which Article 9 hereof shall apply.
Appears in 1 contract
Sources: Loft Lease (Nara Bancorp Inc)
Repairs. (a) Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions a. By taking possession of the Building leased to other tenants)Premises, the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder to have accepted the Premises in its present condition. Tenant shall, at Tenant’s sole cost and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to expense, keep the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same every part thereof in good condition and repair, except for normal damage thereto from causes beyond the reasonable control of Tenant and ordinary wear and teartear excepted. Tenant shall at once reportupon 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. Landlord shall have no obligation whatsoever to alter, remodel, improve, decorate or paint the Premises or any part thereof and the parties hereto affirm that Landlord has made no representations or warranties to Tenant respecting the condition of the Premises or the Building except as specifically herein set forth.
b. Notwithstanding the provisions of Article 10.a. hereinabove, Landlord shall repair and maintain the structural portions of the Building, including, without limitation, the roof, foundation, floor slab, exterior walls and interior structural supports and the basic plumbing, air-conditioning, heating, 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 or omission of any duty by the Tenant, its agents, servants, employees or invitees, in writing, which case Tenant shall pay to Landlord the all costs of such maintenance and repairs. Tenant shall maintain any defective air conditioning, heating or dangerous condition known electrical systems installed by Tenant or necessary for Tenant beyond the basic systems currently on the Premises. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. To Except as provided in Article 21 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the fullest extent permitted by lawmaking of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein, Tenant hereby waives all rights the right to make repairs at the Landlord’s expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by under any law, statute or ordinance now or hereafter in effect. .
c. In the event Landlord has fails to perform any of its obligations herein or under the Lease and (except in case of emergency posing an immediate threat to persons or property, in which case no obligation prior notice shall be required) fails to cure such default within thirty (30) days after written notice from Tenant specifying the nature of such default where such default could reasonably be cured within said thirty (30) day period, or fails to commence such cure within said thirty (30) day period and has made no promise thereafter continuously with due diligence prosecute such cure to altercomplete where such default could not reasonably be cured within said thirty (30) day period, remodelthen Tenant shall have the right, improvebut not the obligation, repairto cure such default and to demand reimbursement by landlord of the cost of such cure, decorate or paint with interest thereon at the Demised Premises or any part thereof, except as specifically and expressly herein set forthrate of ten percent (10%) per annum from the date of the expenditure until repaid.
Appears in 1 contract
Repairs. 14.1 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 seven (a7) Landlord days after receipt of notice from Tenant to Lessor.
14.2 Tenant shall keep and maintain the Premises and every part thereof clean and in good order and repaircondition and shall make all repairs and replacements thereto and to each and every part thereof which may be necessary, subject to normal wear and tear and subject to casualty and condemnation, required or desired. Without limiting the Building (excluding the Demised Premises and other portions generality of the Building leased to other tenants)foregoing, the Building parking facilities, the public areas and the landscaped areasLessor shall establish a capital reserve account into which Lessor shall deposit $.50 per square foot of Tenants rent into said account. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, The capital revenue account shall be borne solely by Tenant utilized in the sole discretion of Lessor to maintain or replace the heating, ventilating, and shall be deemed Rent hereunder air conditioning system and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or other capital improvements to the Demised Premises except structural repairs necessary for safety Platinum Plaza Building or Common areas.
14.3 Tenant shall install and tenant ability. __________________________(b) Tenant covenants replace such signs, decorations, lettering, advertising matter and agrees that it will take good care of the Demised Premises other things as may be approved by Lessor, said approval not to be unreasonably withheld, and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repairrepair and in keeping with the image, except character and standards as may be established from time to time by Lessor for normal wear the Premises and tear. shall make such replacements as may be necessary.
14.4 In the event that Tenant shall at once reportfail, within thirty (30) days after notice in writingwriting by Lessor, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at or replacements to the expense of Landlord or in lieu thereof to vacate Premises, the Demised Premises as may be provided by any lawImprovements, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises signs or any part thereofthereof which may be necessary or required, except Lessor may make the same and collect the costs thereof and expenses incurred in connection therewith, together with interest thereon at the then prevailing commercial rate from Tenant, by exercising all remedies provided by law and provided herein for collection of rent.
14.5 In the event that the portion of the Premises which Tenant has agreed to maintain, if any, shall be damaged or destroyed as specifically a result of fire, casualty or other occurrence, Tenant shall remove any resulting debris and expressly herein set forthrepair or replace such damaged structure promptly, and if Tenant fails to commence required restoration work within ninety (90) days from the date of such damage or destruction or fails to diligently proceed to complete the same, Lessor's remedy shall be the right and option to terminate the Term of this Lease by giving Tenant written notice of Lessor's election to do so at any time prior to completion of the repairs or replacements if Tenant shall not then be actively undertaking such restoration work.
Appears in 1 contract
Sources: Premises Lease Agreement (Centra Financial Holdings Inc)
Repairs. Section 11.01 Tenant, at its sole cost and expense, shall take good care of the Premises, including those items and materials remaining in the Premises and delivered in an “AS/IS” condition by the Landlord as of the Delivery Date, and Tenant’s Property and the Fixtures therein and the Rooftop Facilities. Tenant shall notify Landlord of any need for repair of the Building Equipment in the Premises which is reasonably observable by Tenant, unless such repair is Tenant’s responsibility under the next sentence. Tenant, at its sole cost and expense, shall make and be responsible for all repairs, as and when needed to preserve the non-structural portions of the Premises (including those items and materials remaining in the Premises and delivered in an “AS/IS condition by the Landlord as of the Delivery Date) and Tenant’s Property and the Fixtures therein and the Rooftop Facilities in good working order and condition, to the extent the need for which arises out of (a) Landlord the installation, use, existence or operation of Tenant Improvements, the remaining “AS/IS” items and materials, Tenant’s Property or Fixtures, (b) the moving of Tenant’s Property or Fixtures in or out of the Building or the Premises, (c) the acts, omissions, negligence or misuse of Tenant or any of its subtenants or any of its or their employees, agents, contractors, licensees or invitees or their use or occupancy or manner of use or occupancy of the Premises otherwise than in accordance with the terms of this Lease (except fire or other casualty caused by Tenant’s negligence but as t this exception only, to the extent insurance proceeds are separately paid to Landlord); or (d) the provisions of Section 9.01A. Tenant, at its sole cost and expense, shall maintain promptly repair or replace scratched, damaged or broken doors, and interior glass installed by Tenant, in good order and repairabout the Premises and shall be responsible for all repairs and maintenance of wall and floor coverings in the Premises. Tenant shall promptly make, subject at its sole cost and expense, (i) all repairs in or to normal the Premises for which it is responsible, and (ii) all repairs to the Building Equipment to the extent caused by the acts, omissions, negligence or misuse of Tenant or any of its subtenants or any of its or their employees, agents, contractors, licensees or invitees or their use or occupancy or manner of use or occupancy of the Premises otherwise than in accordance with the terms of this Lease. All repairs made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with the provisions of Article 10, and shall be at least equal in quality and class to the original work or installation or the then standards for the Building reasonably established by Landlord. However, Tenant shall not be responsible for reasonable wear and tear and or for repairs which are Landlord’s obligation to make under Section 11.02 below, or subject to casualty and condemnationSection 8.02 above, or resulting from the Building (excluding the Demised Premises and other portions acts, omissions, violations of the Building leased to other tenants)Legal Requirements, the Building parking facilitiesbreach of this Lease, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost negligence or willful act of Landlord or any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employeesemployees or others for whose conduct Landlord is legally responsible.
Section 11.02 Landlord shall, inviteesat its expense, licenseesmake or cause to be made all necessary repairs to keep the Building and the Building Equipment in good order and repair excluding, tenants however, (a) repairs of Tenant’s Property or assignsTenant Improvements or Tenant’s Rooftop Facilities; and (b) repairs which Tenant is obligated to make pursuant to Section 11.01 and the other terms of this Lease. To the extent Landlord is responsible for any repairs to the roof, and as a result of Landlord’s willful disregard or negligence in making any such repairs water penetration occurs into the Premises, and after specific written notice to Landlord of its intent, and if after a period of seven (7) business days from said written notice the water penetration continues, then, in addition to (but not duplicative of) the remedy set forth in Section 19.02 herein below, Tenant shall be borne solely by Tenant and shall be deemed Rent hereunder entitled to effectuate such repairs as are reasonably necessary to prevent further water penetration into the Premises, and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthLandlord.
Appears in 1 contract
Sources: Lease Agreement (Carbonite Inc)
Repairs. (a) Landlord shall maintain make all necessary repairs and replacements to the building in which the Leased Premises are located, and to the common areas, heating, air conditioning and electrical systems located therein, and Landlord shall also make all repairs to the Leased Premises which are structural ill nature or required due to fire, casualty, or other act of God; provided, however, that Tenant shall be obligated to make all repairs and replacements in its Leased Premises or to the building and/or the common area arising from its act, neglect or default. Except as provided above, Tenant shall keep the Leased Premises in good order and repair, subject to normal wear and tear and subject to casualty and condemnationTenant shall, the Building (excluding the Demised Premises and other portions upon expiration of the Building leased to other tenants)term of this Lease, yield and deliver up the Building parking facilitiesLeased Premises in like condition as when taken, the public areas reasonable use and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any wear thereof and repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tearbe made by Landlord excepted. Tenant shall at once reportcommit no act of waste. and shall conform to all governmental or departmental laws. orders or regulations. In the event the Landlord shall deem It necessary, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided required by any lawgovernmental authority to repair, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodelremove, improve, repair, decorate reconstruct or paint the Demised Premises or improve any part thereofof the leased premise or of the building in which the Leased Premises are located (unless the same result from Tenant's act, except as specifically neglect, default or mode of operation in which event Tenant shall make all such repairs, alterations and expressly herein set forthimprovements), then the same shall be made by Landlord with reasonable dispatch, and should the making of such repairs. alterations or Improvements cause any Interference with Tenant's use of the Leased Premises, such interference shall not relieve Tenant from the performance of its obligations hereunder.
Appears in 1 contract
Sources: Lease Agreement (Syntel Inc)
Repairs. (a) A. Landlord shall make, at its sole cost and expense, all repairs necessary to maintain in good order the plumbing, air conditioning and repairelectrical systems, subject to normal wear windows, floors, and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and all other portions items which constitute a part of the Building leased Leased Space and are installed or furnished by Landlord as well as repairs necessary to other tenants)maintain the roof, exterior walls, parking lot, grounds, site lighting and common areas; provided, however, that Landlord shall not be obligated for any of such repairs until the Building parking facilitiesexpiration of a reasonable period of time after written notice from Tenant that such repair is needed, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance except roof defects resulting in damage to the foregoing necessitated Leased Space in which case all repairs shall be expedited. In no event shall Landlord be obligated to repair any damage caused by the intentional acts any act, omission or negligence of the Tenant or its employees, agents, contractors, employees, invitees, licensees, tenants subtenants, or assigns, contractors and Tenant shall be borne solely by liable for such repairs at Tenant's sole cost and expense.
B. Except as the Landlord is obligated for repairs as provided above, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space and shall be deemed Rent hereunder keep the Leased Space and shall be reimbursed by the fixtures therein in neat and orderly condition. If the Tenant to Landlord upon demand. Landlord shall not be required refuses or neglects to make any repairs such repairs, or improvements fails to diligently prosecute the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care same to completion, after written notice from Landlord of the Demised Premises and all alterationsneed therefor, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent.
C. Landlord shall not be liable by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations, additions or improvements in lieu thereof or to vacate the Demised Premises as may be provided by Leased Space or the Building or to any lawappurtenances or equipment therein; however, statute Landlord agrees to use its best efforts to avoid all such interference, damage or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthinjury.
Appears in 1 contract
Sources: Lease Agreement (Healthdrive Corp)
Repairs. (a) Landlord shall make all repairs necessary to maintain in good order the plumbing, air conditioning, and repairelectrical systems, subject to normal wear and tear and subject to casualty and condemnationwindows, the Building floors (excluding floor coverings), and all other items which do not constitute a part of the Demised Premises and other portions are installed or furnished by Landlord, except repairs of Tenant's trade fixtures and property and installations which Tenant was obligated to make or which were performed by Landlord or others at Tenant's request or expense. Landlord shall not, however, be obligated for any of such repairs until the Building leased expiration of a reasonable period of time after receipt of written notice from Tenant that such repairs are needed. In no event shall Landlord be obligated under this Paragraph to other tenants)repair any damage caused by any act, the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts omission or negligence of the Tenant or its employees, agents, contractors, employees, invitees, licensees, tenants subtenants, contractors, subcontractors or assignsassignees. Tenant shall take good care of the Premises and the fixtures and appurtenances therein. Tenant shall, at its sole cost and expense, repair and replace all damage or injury to the Premises and Building and to fixtures and equipment caused by Tenant or its employees, agents, invitees, licensees, subtenants, contractors, or subcontractors, or assignees, including, but not limited to, injury or damage resulting from all or any of them moving in or out of the Building or by installation or removal of furniture, fixtures or other property, which repairs and replacements shall be borne solely in quality and class equal to the original, undamaged condition. If Tenant fails to make such repairs or replacements, the same may be made by Tenant Landlord in accordance with the provisions of Paragraph 26N hereof. Landlord shall not be liable by reason of any inconvenience, injury to, or interference with Tenant's business arising from the making of any repairs, alterations, additions or improvements in or to the Premises or the Land and Building or to any appurtenances or equipment therein. Landlord shall be deemed Rent hereunder use reasonable efforts to minimize such inconveniences and shall be reimbursed by Tenant to Landlord upon demand. interference (but Landlord shall not be required to make any repairs perform such work after normal business hours or improvements to the Demised Premises except structural repairs necessary for safety and tenant abilityon an overtime basis). __________________________(b) Tenant covenants and agrees that it will take good care There shall be no abatement of the Demised Premises and all rent because of such repairs, alterations, additions and improvements thereto and will keep and maintain the same in good condition and repairor improvements, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be specifically provided by any law, statute or ordinance now or hereafter in effectParagraph 11 hereof. Landlord has covenants to make reasonable efforts to implement such repairs, alterations, additions or improvements in a timely and expeditious manner, but in no obligation and has made no promise event shall Landlord be required to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthperform such work at times other than during Normal Business Hours.
Appears in 1 contract
Sources: Lease Agreement (Sonic Foundry Inc)
Repairs. (a) Landlord Landlord’s obligation with respect to repair as part of Basic Services shall maintain in good order and repair, subject be limited to normal wear and tear and subject to casualty and condemnation, (i) the Building (excluding the Demised Premises and other structural portions of the Building leased Building, (ii) the exterior walls of the Building, including, without limitation, glass and glazing, (iii) the roof, (iv) mechanical, electrical, plumbing and life safety systems [except for any lavatory, shower, toilet, wash basin and kitchen facilities that serve Tenant exclusively and any supplemental heating and air conditioning systems (including all plumbing connected to other tenantssaid facilities or systems)], and (v) Common Areas. Landlord shall not be deemed to have breached any obligation with respect to the Building parking facilities, condition of any part of the public areas Project unless Tenant has given to Landlord written notice of any required repair and Landlord has not made such repair within a reasonable time following the landscaped areasreceipt by Landlord of such notice. Notwithstanding The foregoing notwithstanding: (i) Landlord shall not be required to repair damage to any of the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated extent caused by the intentional acts or negligence omissions of Tenant or its it agents, employees or contractors, employees, invitees, licensees, tenants except to the extent covered by insurance carried by Landlord; and (ii) the obligations of Landlord pertaining to damage or assigns, destruction by casualty shall be borne solely governed by the provisions of Paragraph 9. Landlord shall have the right but not the obligation to undertake work of repair that Tenant is required to perform under this Lease and that Tenant fails or refuses to perform in a timely and efficient manner. All costs incurred by Landlord in performing any such repair for the account of Tenant shall be deemed Rent hereunder and shall be reimbursed repaid by Tenant to Landlord upon demand, together with an administration fee equal to five percent (5%) of such costs. Except as expressly provided in Paragraph 9 of this Lease, there shall be no abatement of Rent and no liability of Landlord shall not be required by reason of any injury to make or interference with Tenant’s business arising from the making of any repairs repairs, alterations or improvements in or to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care any portion of the Demised Premises and all alterationsPremises, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tearBuilding or the Project. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To waives the fullest extent permitted by law, Tenant hereby waives all rights right to make repairs at the Landlord’s expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by under any law, statute or ordinance now or hereafter in effect. Landlord has no obligation effect (including the provisions of California Civil Code Section 1942 and has made no promise to alterany successive sections or statutes of a similar nature).
(b) Tenant, remodelat its expense, improve(i) shall keep the Premises and all fixtures contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, decorate by contractors selected by Landlord, of all facilities which are not expressly required to be maintained or paint repaired by Landlord and which are located in the Demised 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 to Tenant). Tenant shall make all repairs to the Premises not required to be made by Landlord under subparagraph (a) above with replacements of any materials to be made by use of materials of equal or better quality. Tenant shall do all decorating, remodeling, alteration and painting required by Tenant during the Lease Term. Tenant shall pay for the cost of any repairs to the Premises, the Building or the Project made necessary by any negligence or willful misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in or invited to the Premises or any part 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 upon demand pay Landlord for the cost thereof, except together with an administration fee equal to five percent (5%) of such costs.
(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 specifically otherwise set forth in Paragraph 4(b) of this Lease, Tenant shall remove from the Premises all trade fixtures, furnishings and expressly herein set forthother personal property of Tenant and all computer and phone cabling and wiring installed by or on behalf of Tenant, shall repair all damage caused by such removal, and shall restore the Premises to its original condition, reasonable wear and tear excepted. 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 or dispose of the same at Tenant’s expense, appropriate the same for itself, and/or sell the same in its discretion.
Appears in 1 contract
Sources: Office Lease (Aethlon Medical Inc)
Repairs. No representations, except as contained herein or endorsed hereon, have been made to Tenant respecting the condition of the Premises, and the acceptance of possession of the Premises by Tenant shall be conclusive evidence as against Tenant that the Premises are now in a tenantable and good condition. Tenant shall take good care of the Premises and shall make all repairs (a) Landlord shall maintain in good order and repair, subject within the Premises (specifically excluding any repairs to normal wear and tear and subject to casualty and condemnationthe Building exterior, the Building (excluding roof, the Demised Premises and other portions roof membrane, if applicable, the structure, foundation or walls of the Building leased or life safety, mechanical, electrical or other systems serving the Premises) as and when Landlord deems reasonably necessary in order to other tenants)preserve the Premises in good working order and condition. In addition, the Building parking facilitiesTenant shall reimburse Landlord, the public areas and the landscaped areas. Notwithstanding the foregoing obligationwithin thirty (30) days following written request therefore from Landlord, for the cost of any repairs and all structural or nonstructural repairs, replacements or maintenance to the foregoing necessitated or occasioned by the intentional acts acts, omissions or negligence of Tenant or its agentsany person claiming through or under Tenant, or any of their servants, employees, contractors, employeesagents, invitees, visitors or licensees, tenants or assigns, shall be borne solely by the use or occupancy or manner of use or occupancy of the Premises by Tenant and shall be deemed Rent hereunder and shall be reimbursed or any such person. Unless otherwise caused by Tenant to the gross negligence or willful misconduct of Landlord upon demand. and/or Landlord Parties, Landlord shall not be required liable for, and there shall be no abatement of rent with respect to make any repairs injury to or improvements interference with Tenant’s business arising from any repairs, maintenance, alteration or improvement in or to any portion of the Premises, the Common Areas or the Building or in or to the Demised Premises except structural repairs necessary for safety and tenant abilityfixtures, appurtenances or equipment therein. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights right to make repairs at Landlord’s expense under the provisions of Sections 1932(1), 1941 and 1942 of the California Civil Code, and instead, all improvements, repairs and/or maintenance expenses incurred on the Premises shall be at the expense of Landlord Tenant, and shall be considered as part of the consideration for leasing the Premises. All damages or in lieu thereof injury done to vacate the Demised Premises as by Tenant or by any person who may be provided in or upon the Premises with Tenant’s consent or at Tenant’s invitation, shall be repaired with material of equal or better quality than the then existing installation of Building Standard materials paid for by any lawTenant, statute or ordinance now or hereafter and Tenant shall, at the termination of this Lease, surrender the Premises to Landlord in effect. Landlord has no obligation as good condition and has made no promise to alterrepair as when accepted by Tenant, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically reasonable wear and expressly herein set forthtear and damage by insured casualty excepted.
Appears in 1 contract
Sources: Office Lease (Medivation, Inc.)
Repairs. (a) Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________tenantability.
(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.
Appears in 1 contract
Repairs. (a) Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, repair the Building (excluding the Demised Premises and other public portions of the Building, both exterior and interior, all Building leased to other tenants), the Building parking facilities, the public areas systems and the landscaped areas. Notwithstanding restrooms on the foregoing obligationninth (9th) floor, all in a manner consistent with comparable office buildings in the cost general proximity of any the Building, except for repairs or and maintenance required to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely performed by Tenant and shall be deemed Rent hereunder and shall be reimbursed by in accordance with the terms of this Lease. Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to shall, throughout the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will Term, take good care of the Demised Premises and the fixtures and appurtenances therein and at Tenant's sole cost and expense, make all alterations, additions nonstructural repairs thereto as and improvements thereto and will keep and maintain the same when needed to preserve them in good condition working order and repaircondition, except for normal reasonable wear and teartear and damage for which Tenant is not responsible under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing and subject to the terms of Article 9C hereof, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from the carelessness, omission, neglect or improper conduct of, or Alterations made by, or any work, labor, service or equipment done for or supplied to, Tenant or any subtenant, or the installation, use or operation of any property or equipment by Tenant or any of Tenant's subtenants, agents, employees, invitees or licensees, shall be repaired promptly by Tenant, at once report, in writingits sole cost and expense, to Landlord any defective or dangerous condition known the reasonable satisfaction of Landlord. Subject to Tenant. To the fullest extent permitted by lawterms of Article 9C hereof, Tenant hereby waives also shall repair all rights damage to the Building and the Premises caused by the moving of Tenant's fixtures, furniture or equipment by or on behalf of Tenant, Tenant's subtenants, agents, employees, invitees or licensees. All the aforesaid repairs shall be of quality and class equal to the original work or construction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after ten (10) days notice to proceed with due diligence to make repairs required to be made by Tenant hereunder, or if Landlord elects to make any repairs in or to the Building or the facilities and systems thereof for which Tenant is responsible, the same may be made by Landlord, at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible by Landlord as additional rent promptly after rendition of a ▇▇▇▇ or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Premises for which Landlord may be responsible hereunder. Except as expressly provided in Articles 10 and 29 hereof, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, or the Premises, or in lieu thereof or to vacate fixtures, appurtenances, or equipment thereof. If the Demised Premises be or become infested with vermin, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the reasonable satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be reasonably approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein. If at any time any windows of the Premises are temporarily closed, darkened or bricked-up if required by law or related to any construction upon property adjacent to the Real Property, Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefor nor abatement of Rent nor shall the same release Tenant from its obligations hereunder nor constitute an eviction. If at any time the windows of the Premises are temporarily closed, darkened or bricked-up, as aforesaid, then, unless Tenant is required pursuant to this Lease to perform the repairs, maintenance, alterations or improvements, or to comply with any law which resulted in such windows being closed, darkened or bricked-up, Landlord shall perform such repairs, maintenance, alterations or improvements with reasonable diligence and otherwise take such action as may be provided by any lawreasonably necessary to minimize the period during which such windows are temporarily closed, statute darkened or ordinance now bricked-up, but the foregoing shall not require Landlord to engage overtime or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthpremium-pay labor.
Appears in 1 contract
Repairs. (a) Tenant shall give to Landlord shall maintain prompt written notice of any damage to, or defective condition in the Building structure or in any part or appurtenance of the Building's plumbing, electrical, heating, air--conditioning, ventilation, sprinkler, elevator or other systems serving, located in, or passing through the Premises. Subject to the provisions of this Section 12, Tenant shall, at Tenant's own expense, keep the Premises in good order order, condition and repairrepair during the term, subject to normal wear except that Landlord, at Landlord's expense (unless caused by the fault or negligence of Tenant, its contractors, agents, or employees in which case Tenant shall pay Landlord for any deductible and tear any cost which either exceeds insurance proceeds Landlord receives or which is not covered under Landlord's insurance policy in respect of such damage) shall keep in repair and subject to casualty and condemnationmaintain the exterior of the Building, the electrical, heating, air-conditioning, ventilation, sprinkler, elevator or other systems serving, located in or passing through the Premises, plumbing fixtures located in the Building (excluding the Demised Premises and other portions of the Building leased to other tenantsexcept those installed by Tenant with Landlord's approval), outside walls, including windows, loadbearing walls (except as to surface damage done by or attributable to Tenant) and doors and roof. Tenant, at Tenant's expense, shall comply with all laws and ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Building parking facilitiesPremises or to Tenant's use thereof, except that Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the public areas and Premises, unless such alteration is required by reason of a condition which has been created by, or at the landscaped areas. Notwithstanding the foregoing obligationinstance of, the cost Tenant, or is required by reason of a breach of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant Tenant's covenants and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demandagreements hereunder. Landlord shall not be required to repair any injury or damage by fire or other cause, or to make any repairs or improvements to replacements of any panels, decoration, office fixtures, railing, ceiling, floor covering, partitions, or any other property installed in the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) by Tenant covenants and agrees that it will take good care unless such injury or damage is a direct result of negligence on the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense part of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any lawits contractors, statute agents or ordinance now employees, and Tenant is not reimbursed for such injury or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthdamage from insurance proceeds.
Appears in 1 contract
Repairs. (a) Landlord shall maintain in good order the Common Areas and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions structural elements of the Building leased to other tenantsBuilding, including the foundation, exterior walls, roof (including the roof membrane and all roofing systems), mezzanine, elevators, base Building fire and life safety, and all utility service lines to the Building parking facilitiespoint where same enter the Building, the public areas and the landscaped areas. Notwithstanding heating, ventilating, air conditioning, electrical, plumbing and mechanical systems provided by Landlord in the foregoing obligationBuilding, and the cost of thereof shall be included in Operating Expense; provided, however, that if any such repairs or maintenance to the foregoing necessitated shall be occasioned by the intentional acts or negligence of Tenant or Tenant, its agents, contractors, employees, customers or invitees, licenseesor the particular nature of Tenant’s use of the Premises, tenants or assigns, Tenant shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to responsible for the entire cost of such repairs. Except for the repairs Landlord upon demand. Landlord shall not be required is specifically obligated to make any as set forth above, Tenant shall, at its expense, during the Lease Term, make all other necessary repairs or improvements and replacements to the Demised Premises except structural repairs necessary for safety Premises, including the heating, ventilating, air conditioning, electrical, plumbing and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of mechanical systems serving the Demised Premises and all alterationsTenant Finishing Work, additions and improvements thereto and will keep and maintain the same in good condition and repairrepair so that at the expiration of the Term, except for normal the Premises shall be surrendered to Landlord in the same condition that the same are in at the commencement of the Term, ordinary wear and teartear excepted. Tenant shall replace any light bulbs, tubes and ballasts in the Premises. Tenant shall be responsible for repairing any damage to the Building caused by the installation or moving of Tenant’s furniture, equipment, cabling and personal property. Tenant shall, at once reportits expense, also repair or replace with glass of equal quality any broken or cracked plate or other glass in doors, windows and elsewhere in or adjacent to the Premises. Tenant shall not defer any repairs or replacements to the Premises by reason of the anticipation of the expiration of the Term. The surrender of the Premises upon the expiration or early termination of this Lease shall not relieve Tenant of the obligation to pay for all repairs or replacements to the Premises which Tenant was obligated to perform during the Lease Term, which obligation shall survive the expiration or early termination of this Lease. If Tenant fails to perform its obligations hereunder and such failure continues for ten (10) days after notice thereof, Landlord, at Landlord’s option, may elect to perform all or part of the maintenance, repairs and servicing which is the obligation of the Tenant hereunder and/or the obligation of all of the other tenants of the Building with respect to the premises occupied by them, in writingwhich event the cost thereof shall be at Landlord’s option either billed directly to and paid by Tenant as additional rent or included in Operating Expense. Except as aforesaid, to Landlord any defective or dangerous condition known to Tenant. To in the fullest extent permitted by lawevent that, Tenant hereby waives all rights to make repairs at the expense request of Tenant, Landlord performs any maintenance, repairs or in lieu thereof to vacate servicing of the Demised Premises as may be provided by any lawwhich is the obligation of Tenant hereunder, statute or ordinance now or hereafter in effect. then Tenant shall pay Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthdirectly therefor.
Appears in 1 contract
Sources: Single Tenant Office Lease (Bridgepoint Education Inc)
Repairs. (a) Landlord By taking possession of the Premises, Tenant shall maintain have accepted the Premises as being in good order and sanitary order, condition and repair. Tenant shall, subject when and if needed or whenever requested by Landlord to normal do so, at Tenant’s sole cost and expense, make all repairs to the Premises and every part thereof, including all windows and doors, to keep, maintain and preserve the Premises in first class condition and repair. Tenant shall upon the expiration or sooner termination of the term hereof surrender the Premises to Landlord in the same condition as when received, reasonable and ordinary wear and tear and subject to casualty and condemnationthereof excepted. Except as provided in Subparagraph 15(b) hereof, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has have no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except the Building or the common areas, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building.
(b) Notwithstanding anything to the contrary contained in Subparagraph 15(a) above, Landlord shall repair and maintain the common areas described in Subparagraph 2(b) and the structural portions of the Building, including without limitation the roof, foundation, exterior walls, basic plumbing, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord. If the 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, contractors, employees, licensees or invitees, Tenant shall pay to Landlord, as specifically additional rent, the reasonable cost of such maintenance and expressly herein repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Paragraph 23 hereof there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant hereby waives California Civil Code Sections 1932(1), 1941 and 1942 and any other applicable existing or future law, ordinance or governmental regulation permitting Tenant to make repairs at Landlord’s expense.
(c) Anything to the contrary in Subparagraphs 15(a) and (b) above notwithstanding, Tenant, at Tenant’s sole cost and expense, shall make any and all improvements, changes, maintenance or repairs to the Premises, which are required for compliance with Laws.
(d) Tenant acknowledges that Landlord shall have no obligation to maintain, repair, replace or remove the Cabling. Tenant shall be solely responsible for maintaining the Cabling; provided, however, that Tenant may, at Tenant’s expense, contract with SBC or another reputable licensed contractor approved by Landlord to maintain the Cabling, provided, however, that Landlord, at Landlord’s option and upon thirty (30) days’ notice to Tenant, may undertake the responsibility for the maintenance of some or all of the Cabling, in which event, the cost of such maintenance may be included as a “Direct Expense” under Subparagraph 6(a) above.
(e) All maintenance and repairs made by Tenant must comply with Landlord’s sustainability practices, including the standards and specifications set forthforth in Exhibits A-4 (Construction Waste Management), A-5 (LEED Requirements and A-6 (Construction Indoor Air Quality) and any third-party rating system concerning the environmental compliance of the Building or the Premises, as the same may change from time to time.
Appears in 1 contract
Sources: Office Lease (Solar Power, Inc.)
Repairs. (a) Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________tenantability, the necessity for which (i) Landlord is notified in writing by Tenant, and (ii) is not brought about by any act or neglect of Tenant, its agents, employees or contractors, licensees, or invitees.
(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. Landlord's liability with respect to any defects, repairs or maintenance for which Landlord is responsible under any of the provisions of this Lease shall be limited to the cost of such repairs or maintenance or the curing of such defect. Landlord shall not be liable to Tenant for damage to person or property caused by any latent defects in the Building or the Demised Premises, defects in the cooling, heating, electric, water, elevator or other apparatus or systems or by water discharged from sprinkler systems, if any, in the Building or the Demised Premises, nor for the theft, mysterious disappearance, or loss of the Building. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.
(c) Tenant shall at its own cost and expense keep and maintain the Demised Premises and all parts thereof in good repair and tenantable condition and indemnify Landlord against any loss, damage, or expense arising by reason of any failure of Tenant so to keep the Demised Premises in good repair and tenantable condition or due to any act or neglect of Tenant, its agents, employees, contractors, invitees, or licensees. If Tenant fails to perform, or cause to be performed, such maintenance and repairs, then at the option of Landlord, in its sole discretion, any such maintenance or repair may be performed or caused to be performed by Landlord and the cost and expense thereof shall be charged to Tenant, and Tenant shall pay the amount thereof to Landlord on demand as Additional Rental. Tenant shall not install X-ray machines or other equipment which emits radiation in the Demised Premises without Landlord's approval, which approval shall not be unreasonably withheld. Landlord's withholding of consent shall not be unreasonable if, by way of illustration and not limitation, adequate protection for the safety of people is not installed in connection with such equipment. Tenant hereby accepts the risks of and all responsibility for any injury or damage which may result from the operation or failure of operation of any such X-ray equipment or other equipment which emits radiation. All equipment owned or operated by Tenant must be installed and protected in a manner satisfactory to Landlord and in compliance with all governmental regulations. Tenant will be obligated to obtain and maintain at its expense any permits, licenses or approvals required in connection with its use of the Demised Premises or in connection with any equipment of Tenant in the Demised Premises. All repairs, replacements and clearing of stoppages from plumbing fixtures within the Demised Premises, as well as repair or replacement of special or non- standard electrical fixtures, lights and light bulbs within the Demised Premises (other than standard 2x4 lights), and the furnishing of toilet paper and paper towels to toilets and sinks located within the Demised Premises shall be at Tenant's expense.
(d) Tenant agrees to conform to Landlord's signage program for the Building; however, all costs and expenses for any sign, sign installation, removal and repair shall be paid by Tenant. Tenant shall obtain the written approval of Landlord prior to placing and maintaining, or causing or permitting to be placed and maintained, any sign, advertising matter or other thing of any kind, on the exterior of the Demised Premises, or any decorating, lettering or advertising matter on any exterior door to the Demised Premises. Tenant shall not affix or attach anything to windows in the Demised Premises.
Appears in 1 contract
Sources: Lease Agreement (Webmd Inc)
Repairs. The Landlord shall, at its own cost and expense, and during the term of the Lease, maintain and make all necessary repairs and replacements of a capital nature to the roof, foundations, beams, girders, and other structural elements of the Building, mullions, exterior runoff water and related drainage systems, all exterior areas, including parking lots and walkways, all other common areas and facilities and exterior walls of the Premises only (a) exclusive of signs which may be installed by the Tenant). However, the Landlord shall maintain have no obligation to repair any damage resulting directly from negligent acts of the Tenant, its agents, employees, contractors, and invitees unless covered by Landlord's insurance policy. In connection herewith, the Landlord represents (i) The Property shall be maintained consistent with generally accepted practices associated with a first class research and development building, (ii) it shall provide snow plowing for the parking areas, (iii) it shall remove snow and ice from walkways and (iv) it shall provide landscaping services so that the Property is maintained in a neat and clean condition. From and after the commencement of and during the Term, the Tenant shall, at its own cost and expense: make all other non-structural repairs, interior and exterior, necessary to keep the Premises, including all electrical, mechanical, heating, ventilating and air conditioning (including any roof top unit), plumbing (other than in common areas) and other building systems [excluding sewer and gas systems, common building systems and all capital repairs and replacements] serving the Premises, in as good condition, order and repair as the same are at the commencement of the Term or thereafter may be put, reasonable wear and use, damage by fire or other casualty caused by the Landlord and repairs which are expressly the obligation of the Landlord hereunder only excepted (it being understood, however, that the foregoing exception for reasonable wear and use shall not relieve the Tenant from the obligation to keep the Premises in good order order, repair and repaircondition). Landlord shall be responsible for all replacements of a capital nature to the air conditioning and other building systems. Notwithstanding the same, the Tenant shall be liable to pay the Landlord the cost of such replacements according to the following: The Tenant shall be assessed for the capital improvements described aforesaid based on an amortization of ten (10) years. Thereupon, the Tenant shall pay to the Landlord, as Additional Rent under (S)6, each month during the remaining Term of the Lease a portion of said cost, based upon said amortization period. As an example, if a replacement of a capital nature to the air conditioning or other building systems is made at the conclusion of the third (3rd) Year of the Term as defined in (S)4, the Tenant would be required to reimburse the Landlord one-one hundred twentieth (1/120) of the cost incurred for the replacement of the applicable system for each month during the remainder of the Term. In no event, however, shall the Tenant be assessed a reimbursement to the Landlord for the costs of the replacements for the air conditioning and other building systems beyond the Term of the Lease. Notwithstanding anything to the contrary as contained in this Paragraph, the Landlord shall be solely and exclusively liable for all repairs and replacements which are capital in nature, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated reimbursement by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary tenant as provided for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthabove.
Appears in 1 contract
Sources: Lease Agreement (Avici Systems Inc)
Repairs. (a) Landlord shall maintain in good order the roof and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions exterior walls of the Building leased to other tenantsand the Premises in good repair, except that Tenant shall have the responsibility for the maintenance repair and replacement of all glass, doors (interior and exterior), windows, and doorways of the Building parking facilitiesPremises. Tenant shall also be responsible for repair, the public areas replacement and the landscaped areas. Notwithstanding the foregoing obligation, the cost maintenance of any repairs exterior walls if the necessity therefore should be the result of Tenant’s negligence or maintenance the negligence of any agent, employee, or licensee of Tenant. Tenant shall keep the interior of the Premises in good repair, maintaining, where necessary, all electrical, plumbing, heating, air conditioning and other mechanical installations and systems servicing only the Premises, as well as damage to plumbing and other systems inside of the foregoing necessitated Premises if caused by the intentional acts or negligence omissions of Tenant Tenant, or its Tenant’s agents, contractors, employees, inviteesinvitees or licensees inside the Premises. Tenant shall effect all such maintenance, licenseesrepairs and replacements at its own expense and employing materials and labor of a kind and quality equal to the original installations. If Tenant shall fail to maintain, tenants repair or assignsreplace equipment or other installations in or about the Premises as above provided, Landlord, immediately after giving Tenant notice of the necessity for such maintenance, repair or replacement may accomplish the required work and add the costs thereof to the next due rental installment(s) but Tenant shall not be liable to the Landlord for any failure to fulfill the obligations of this paragraph until such time as the Tenant shall be borne solely notified, as aforesaid, in writing of the requirement therefore, provided however, in the event of a bona fide emergency, Landlord need not give such notice to Tenant prior to performing such work. With regard to heating and air conditioning systems in the Premises, Landlord shall provide for the same to be in good working order upon Tenant’s occupancy of the Premises. In addition, Tenant shall maintain at Tenant’s sole expense a maintenance and service contract with a reputable heating and air conditioning service company for the heating and air conditioning systems and provide that such service contract shall not be canceled for any reason without a ten (10) day notice to Landlord, and deliver to Landlord a copy of such maintenance service contract. If Tenant fails to maintain such contract or if Tenant fails to repair, maintain or replace if caused by failure to maintain the heating and air conditioning system as needed, Landlord at its sole option may accomplish the same and b▇▇▇ the costs thereof to Tenant as Additional Rent and the failure to pay the same within thirty (30) days of submission of Invoice for the same to Tenant shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demandan event of default herein. Landlord shall not be responsible for the replacement of required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care components of the Demised Premises and all alterationsHVAC units as required, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. so long as Tenant shall at once report, in writing, maintains HVAC units to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense servicing requirements of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forththis Lease.
Appears in 1 contract
Repairs. (a) Landlord shall maintain By entry thereunder, Tenant accepts the Premises as being in good order and sanitary order, condition and repair. Except for Landlord duties described elsewhere in this Lease, subject Tenant shall, at Tenant's sole cost and expense, maintain and preserve the Premises and all equipment located therein clean, safe and in first class condition and repair. Tenant shall, upon the expiration or sooner termination of the Lease Term, surrender the Premises to normal Landlord broom clean and in the same condition as when received, ordinary wear and tear and subject excepted.
(b) Landlord shall make structural repairs to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability, and shall bear the cost thereof unless required by any negligence or willful misconduct of Tenant, its agents, employees or invitees. __________________________Landlord shall make such other repairs to the Premises and Building as may be necessary or desirable to maintain the Premises in a professional manner befitting a comparable first class office/R&D building in the Reston/▇▇▇▇▇▇▇ area, and the cost of such repairs shall be included in the Basic Operation Charges. Landlord shall not be liable for any damage (bincluding any consequential damages or lost profits) caused to the person or property of Tenant, its agents, employees or invitees, due to the Building or any part or appurtenances thereof being improperly constructed or being or becoming out of repair or arising from the leaking of gas, water, sewer or steam pipes, or from electricity or from any other cause whatsoever. Tenant covenants and agrees that it will take good care of to report immediately in writing to Landlord any defection condition in or about the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and known to Tenant which Landlord is required to repair, except and a failure to so report shall make Tenant liable to Landlord for normal wear and tearany expense, damage or liability directly resulting from such failure to report. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To waives the fullest extent permitted by law, Tenant hereby waives all rights right to make repairs at the Landlord's expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by under any law, statute or ordinance now or hereafter in effecteffect unless such damage is caused by the gross negligence or willful misconduct of Landlord or its employees. If Tenant has given Landlord written notice of a defective condition, and if Landlord has not diligently pursued the repair such defective condition within thirty (30) days of receipt of Tenant's written notice, then Tenant may make said repair and Landlord will reimburse Tenant for its reasonable expenses incurred by such repair.
(c) Landlord reserves the right at any time and from time to time, as often as Landlord deems desirable, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant or otherwise affecting Tenant's obligations under this Lease, to make such changes, alterations, additions, improvements, repairs, relocations or replacements in or to the Building (including the Premises if required by any applicable law or regulation) and the fixtures and equipment thereof, as well as in or to the street entrances, halls, passages, stairways and other common facilities thereof, and to change the name by which the Building is commonly known and/or the Building's address. Unless such address change is beyond the control of the Landlord, Landlord shall compensate Tenant for new letterhead, stationery, business cards, and labels, if such changes occur without Tenant's prior written agreement. Landlord has no reserves the right from time to time to install, use, maintain, repair and replace pipes, ducts, conduits, wires and appurtenant meters and equipment for service to other parts of the Building, above the ceiling surfaces, below the floor surfaces, within the walls and in the central core areas, and to relocate any pipes, ducts, conduits, wires and appurtenant meters and equipment included in the Premises which are located elsewhere outside the Premises, and to expand the Building. Nothing contained herein shall be deemed to relieve Tenant of any duty, obligation and has made no promise or liability with respect to alter, remodel, improve, making any repair, decorate replacement or paint improvement or complying with any law, order or requirement of any government or other authority and nothing contained herein shall be deemed or construed to impose upon Landlord any obligation, responsibility or liability whatsoever, for the Demised Premises care, supervision or repair of the Building or any part thereof, except other than as specifically and expressly herein set forthprovided in this Lease. Landlord agrees to use reasonable efforts to schedule such work so as to cause minimum disruption to Tenant's business.
(d) In the event that the Premises become unfit for use by Tenant because of safety, health, eminent domain, or other reasons, due to Landlord's failure to perform its obligations, Tenant may withhold from Landlord an amount of the current rent due in the next rental payment until such time as any such unfitness or defect is corrected. Other than Tenant's own business interruption insurance, this shall be the exclusive recourse of Tenant.
Appears in 1 contract
Repairs. (a) Landlord shall maintain in good order make the necessary structural repairs to the roof and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions walls of the Building leased to other tenants), of which the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any Leased Premises form a part unless such repairs or maintenance to the foregoing are necessitated by the intentional acts of Sub-subtenant or negligence of Tenant or its Sub-subtenant’s agents, contractorsservants, employeesemployees or invitees. Except as provided in the immediately preceding sentence and for what may otherwise be specifically provided for in this Lease, invitees, licensees, tenants or assigns, Sub-subtenant shall be borne solely by Tenant responsible for all maintenance and shall be deemed Rent hereunder repairs of and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will Leased Premises, including but not limited to the following responsibilities: Sub-subtenant shall take good care of the Demised Leased Premises and the fixtures, appurtenances and systems in or affecting the Leased Premises (including but not limited to plumbing, doors, painting, windows, electrical, heating and sprinkler and air-conditioning, if any), and shall make all alterationsrepairs thereto or replace as and when needed to preserve them in good working order and condition, additions and improvements thereto and will keep and shall maintain the same Leased Premises in good condition a clean, neat and repair, except for normal wear and tearorderly condition. Tenant Sub-subtenant shall at once reportnot permit or suffer the Leased Premises to fall to such low temperature as would cause freezing of the water lines or sprinkler servicing the Leased Premises; and, in writingdefault hereof, Sub-subtenant shall promptly effect and pay for all repairs the need for which shall arise from such freezing, and shall hold Landlord harmless form any loss, damage or liability caused by or arising out of such freezing. Notwithstanding anything above to the contrary, all damage or injury to the Leased Premises or to its fixtures, equipment and appurtenances, whether requiring structural or non-structural repairs, caused by or resulting from carelessness, omission, neglect or improper conduct of Sub-subtenant, its servants, employees, invitees or licensees, shall be repaired promptly by Sub-subtenant at its sole cost and expense, to the reasonable satisfaction of Landlord any defective and in accordance with Section 8 hereinabove. Sub-subtenant shall also repair all damage to the Leased Premises caused by the moving of Sub-subtenant’s fixtures, furniture or dangerous condition known equipment. All of the aforesaid repairs shall be of quality or class at least equal to Tenantthe original work or construction. To the fullest extent permitted by law, Tenant hereby waives all rights If Sub-subtenant fails after ten (10) days’ notice to proceed with due diligence to make repairs required to be made by Sub-subtenant, the same may be made by Landlord, at Landlord’s option (in which event Landlord shall not be liable for any injury to persons, damage to property or loss of business arising out of the making of such repairs) at the expense of Sub-subtenant, and the expenses thereof incurred by Landlord (together with interest at the Default Lease Interest Rate) shall be collectible as additional rent within ten (10) days of demand therefore. There shall be no allowance to Sub-subtenant 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 or failing to make by Landlord, Sub-subtenant or others, of any repairs, alterations, additions or improvements in lieu thereof or to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Leased Premises or any part the fixtures, appurtenances or equipment thereof, except as specifically and expressly herein set forth.
Appears in 1 contract
Repairs. (a) Landlord shall, upon reasonable notice from ------- Tenant, make the necessary structural repairs to the exterior walls, and any load bearing interior walls and shall maintain keep in good order order, condition, and repairrepair the exterior foundations, subject to normal wear and tear and subject to casualty and condemnation, roof of the Building (excluding building containing the Demised Premises (such obligation not to include all windows, and other portions all operating parts such as overhead ducts or fans or skylights). Except for the above and for what may otherwise be specifically provided for in this Lease, Tenant shall be responsible for maintenance and repairs of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agentsPremises, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall including but not be required to make any repairs or improvements limited to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) following responsibilities: Tenant covenants and agrees that it will shall take good care of the Demised Premises and the fixtures, appurtenances and systems in or affecting the Premises including (but not limited to) plumbing, sewers, gutters, downspouts, doors, painting, windows, electrical, heating, sprinkler and air conditioning, if any, and shall make all alterationsrepairs thereto or replace as and when needed to preserve them in good working order and condition, additions and improvements thereto and will keep and shall maintain the same Premises in good condition a clean, neat condition, and repairLandlord, except for normal wear at its option., shall maintain the parking area and tearother outside portions of the Premises, including but not limited to landscaping, paving repairs, sidewalk repairs all necessary removal of snow, ice and debris, and maintenance of lawns, shrubbery and entranceways and Tenant shall pay its Pro Rata of same. Tenant shall at once reportnot permit or suffer the Premises to fall to such low temperature as would cause freezing of the water lines or sprinkler servicing the Premises; and, in writingdefault hereof, Tenant shall promptly effect and pay for all repairs the need for which shall arise from such freezing, and shall hold Landlord harmless from any loss, damage or liability caused by or arising out of such freezing. Notwithstanding anything above to the contrary, all damage or injury to the Premises or to any other part of said building, or to its fixtures, equipment and appurtenances, whether requiring structural or non-structural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of Tenant, its servants, employees, invitees or licensees, shall be repaired promptly by Tenant at its sole costs and expense, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense reasonable satisfaction of Landlord or and in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.accordance with Section 8.01
Appears in 1 contract
Repairs. (a) Landlord shall maintain and repair the public portions of the Building, both exterior and interior to keep the same in first class condition. Tenant shall, throughout the Term, take good care of the Premises and the fixtures and appurtenances therein and at Tenant’s sole cost and expense, make all nonstructural repairs thereto as and when needed to preserve them in good working order and repaircondition, subject to normal reasonable wear and tear and subject to casualty damage for which Tenant is not responsible under the terms of this Lease excepted and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of except that Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs to any building systems or improvements to areas outside the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain unless the same in good condition and repair, except for normal wear and tearare required due to damage thereto caused by the Tenant. Tenant shall pay Landlord for all replacements to the lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from the carelessness, omission, neglect or improper conduct of, or Alterations made by, or any work, labor, service or equipment done for or supplied to, Tenant or any subtenant, or the installation, use or operation of any property or equipment by Tenant or any of Tenant’s subtenants, agents, employees, invitees or licensees, shall be repaired promptly by Tenant, at once report, in writingits sole cost and expense, to Landlord any defective the satisfaction of Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the moving of Tenant’s fixtures, furniture or dangerous condition known equipment. All the aforesaid repairs shall be of quality and class equal to Tenantthe original work or construction and shall be made in accordance with the provisions of Article 3 hereof. To the fullest extent permitted by law, If Tenant hereby waives all rights fails after ten (10) days written notice to proceed with due diligence to make repairs required to be made by Tenant hereunder or if Landlord elects to make any repairs in or to the Building or the facilities and systems thereof for which Tenant is responsible, the same may be made by Landlord, at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible by Landlord as additional rent promptly after rendition of a ▇▇▇▇ or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Premises for which Landlord may be responsible hereunder. Except as expressly provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment thereof. If the Premises be or become infested with vermin, Tenant, at Tenant’s expense, shall cause the same to be exterminated from time to time to the reasonable satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein. If at any time any windows of the Premises are temporarily closed, darkened or bricked-up for any reason whatsoever including, but not limited to, Landlord’s own acts, or any of such windows are permanently closed, darkened or bricked-up if required by law or related to any construction upon property adjacent to the Real Property by Landlord or in lieu thereof others, Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to vacate any compensation therefore nor abatement of Rent nor shall the Demised Premises as may be same release Tenant from its obligations hereunder nor constitute an eviction provided by any law, statute such obstruction to the windows is not due to Landlord voluntarily allowing such obstruction for reasons other than the safety of the Building or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthcomply with Law.
Appears in 1 contract
Sources: Lease Agreement (Yodle Inc)
Repairs. (a) Landlord Tenant shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and the fixtures and appurtenances therein including, without limitation the doors and entrances, floor coverings, interior walls, columns and partitions; together with all alterationssystems and equipment exclusively serving the Premises including without limitation, additions the lighting, plumbing and improvements sewage facilities, sprinkler system and sprinkler heads and any utility facilities from the point of entry into the Premises and at its sole cost and expense make all repairs thereto as and will keep and maintain the same when needed to preserve them in good condition working order and repaircondition. All damage or injury to the Premises and to its fixtures, except glass, appurtenances and equipment or to any other portion of the Land or Building, caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, or resulting from fire, explosion, short circuits, flow or leakage of water, sewerage or odors or by frost or by bursting or leaking of pipes or plumbing works or gas, or from any other cause or any other kind of nature, whatsoever, which is due to the negligence or willful misconduct of Tenant, its servants, employees, agents, visitors or licensees shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense to the reasonable satisfaction of Landlord. All aforesaid repairs, restorations and replacements shall be in quality and class equal to the original installations and shall be done in a good and workmanlike manner.
(b) Landlord shall, subject to Section 4(a), make all repairs and replacements, the need for normal wear which Landlord shall have knowledge, structural and tearotherwise, necessary in order to keep in good order and repair the roof, the foundation, structural portions of the Building, exterior and the public portions of the Building, including the public halls and stairways, plumbing, wiring and other Building equipment for the general supply of water, heat, air conditioning, gas and electricity and HVAC equipment servicing the Premises, and all other base building systems and related equipment, including elevators. ▇▇▇▇▇▇ agrees to notify Landlord of the necessity for any repairs of which ▇▇▇▇▇▇ may have knowledge and for which Landlord may be responsible under the provisions of the preceding sentence.
(c) Tenant shall at once report, in writing, not place a load upon any floor of the Premises which exceeds the load per square foot which such floor was designed to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted carry and which is allowed by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.
Appears in 1 contract
Repairs. (a) Landlord In the event Tenant is required to restore the Leased Property and/or Ski Personal Property pursuant to this Section 10.2, Tenant shall maintain in good order commence promptly and repair, subject continue diligently to normal wear perform the repair and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions restoration of the Building leased to other tenantsLeased Property and/or Ski Personal Property (hereinafter called the “Work”), so as to restore the Building parking facilitiesLeased Property and/or Ski Personal Property in compliance with all Legal Requirements and so that the Leased Property and/or Ski Personal Property shall be, to the public areas extent practicable, substantially equivalent in value and general utility to its general utility and value immediately prior to such damage or destruction. Subject to the landscaped areas. Notwithstanding terms hereof, Landlord and/or TRS Corp. shall be required to advance the foregoing obligation, insurance proceeds and any additional amounts payable by Landlord and/or TRS Corp. pursuant to Section 10.2.3 to Tenant regularly during the repair and restoration period so as to permit payment for the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, such restoration and repair. Any such advances shall be borne solely by made not more than monthly within ten (10) Business Days after Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant submits to Landlord upon demandand/or TRS Corp. a written requisition and substantiation therefor on AIA Forms G702 and G703 (or on such other form or forms as may be reasonably acceptable to Landlord and/or TRS Corp.). Landlord and/or TRS Corp. may, at their option, require, prior to advancement of said insurance proceeds and other amounts by Landlord and/or TRS Corp., (a) approval of plans and specifications by an architect satisfactory to Landlord and/or TRS Corp. (which approval shall not be required to make any repairs unreasonably withheld, conditioned or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________delayed), (b) general contractors’ estimates, (c) architect’s certificates, (d) unconditional lien waivers of general contractors, if available, (e) evidence of approval by all Government Agencies and other regulatory bodies whose approval is required, (f) deposit by Tenant covenants and agrees that it will take good care of the Demised Premises applicable deductible amount with Landlord and/or TRS Corp., and all alterations, additions and improvements thereto and will keep and maintain (g) such other terms as Landlord and/or TRS Corp. may reasonably require. Tenant’s obligation to restore the same in good condition and repair, except for normal wear and tear. Leased Property and/or Ski Personal Property pursuant to this Article 10 shall be subject to the release of available insurance proceeds by Landlord and/or TRS Corp. or directly to Tenant shall at once reportand, in writingthe event such proceeds are insufficient, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights and/or TRS Corp. electing to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthsuch deficiency available therefor.
Appears in 1 contract
Repairs. (a) Landlord shall maintain Except as may otherwise be provided in Article 11 of this Lease, and subject to the provisions of Article 9 of this Lease, Tenant shall, at its sole cost and expense, keep the Premises in good order order, repair and repairtenantable condition at all times during the Term, subject to normal ordinary wear and tear and subject to casualty and condemnationexcepted, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants)provided, the Building parking facilitieshowever, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of that Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to repair or replace broken or damaged exterior window glass unless such replacement or repair is necessitated by the act, failure to act, or neglect of Tenant, its subtenants, assigns, servants, employees, agents, invitees or guests. If Tenant does not make such repairs and replacements as described above within a reasonable time, Landlord may, but need not, make such repairs and replacements and the costs paid or incurred by Landlord for such repairs and replacements (including Landlord’s overhead and profit, and the cost of general conditions) shall be deemed additional Rent reserved under this Lease due and payable within thirty (30) days after Tenant’s receipt of an itemized invoice and supporting documentation. Landlord may, but shall not be required so to do, enter the Premises at all reasonable times upon prior written notice to Tenant (except in the event of any emergency) to make any repairs repairs, alterations, improvements or improvements to the Demised Premises except structural repairs additions, including, but not limited to, ducts and all other facilities for heating and air conditioning service, as Landlord shall desire or deem necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterationssafety, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improvemaintenance, repair, decorate preservation or paint improvement of the Demised Building, or as Landlord may be required or requested to do by the City of Elgin or by the order or decree of any court or by any other proper authority. In the event Landlord or its agents or contractors shall elect or be required to make repairs, alterations, improvements or additions to the Premises or the Building, Landlord shall be allowed to take into and upon the Premises all material that may be required to make such repairs, alterations, improvements or additions and, during the continuance of any part of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend any services and facilities without being deemed or held guilty of an eviction of Tenant or for damages to Tenant’s property, business or person, and the Rent reserved herein shall in no way a▇▇▇▇ while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any set-off or counterclaim for damages of any kind against Landlord by reason thereof. Landlord may, except as specifically at its option, make all such repairs, alterations, improvements or additions in and expressly herein set forthabout the Building and the Premises during ordinary business hours, but if Tenant desires to have the same done at any other time, Tenant shall pay for all overtime and additional expenses resulting therefrom. Landlord agrees to use all reasonable efforts to minimize any interference with Tenant’s business operations in the Premises and shall remain liable for its or its agents’ gross negligence.
Appears in 1 contract
Sources: Purchase and Sale Agreement (Sanfilippo John B & Son Inc)
Repairs. (a) Landlord Section 5.01. Tenant shall maintain in take good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding care of the Demised Premises and, at Tenant’s sole cost and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assignsexpense, shall be borne solely by make all repairs and replacements, structural and otherwise, as and when needed to preserve the Demised Premises in good working order and condition, except that Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any such structural repairs or improvements structural replacements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) unless necessitated or occasioned by the acts, omissions or negligence of Tenant covenants and agrees that it will take good care or any person claiming through or under Tenant, or any of their servants, employees, contractors, agents, visitors or licensees, or by the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any such person. Without affecting Tenant’s obligations set forth in the preceding sentence, Tenant, at Tenant’s sole cost and expense, shall also (i) make all alterationsrepairs and replacements, additions as and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writingwhen necessary, to Tenant’s Personal Property and to any Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant (except if due to any defect or mistake in work performed by Landlord and discovered within one (1) year of installation of such work) and (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any defective air conditioning equipment (except Base Building HVAC), private elevators, escalators, conveyors or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or mechanical systems which may be installed in lieu thereof to vacate the Demised Premises by Landlord, Tenant or others (except if due to any defect or mistake in work performed by Landlord and discovered within one (1) year of installation of such work). However, the provisions of the foregoing sentence shall not be deemed to give to Tenant any right to install air conditioning equipment, elevators, escalators, conveyors or mechanical systems. All repairs and replacements made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with, and subject to the provisions of the third (3rd) sentence of Section 3.01 and shall be at least equal in quality and class to the original work or installation. Without limiting or waiving Landlord’s rights and remedies against Tenant for its failure to comply with its obligations under this Lease, Landlord shall operate, maintain, replace (if necessary) and repair (both structural and nonstructural) the structural slabs constituting the core floors and ceilings, structural columns, public portions of the Building, exterior walls, all exterior windows and the mechanical (including Base Building heating, ventilation and air conditioning [but as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereofPremises, except as specifically only within the mechanical room, if applicable]), electrical, elevator, plumbing (including water and expressly herein set forthwaste lines), life safety, steam and other service systems of the Building serving space in the Building generally (the “Building Systems”), to a standard similar to that of comparable Class A office buildings in the Borough of Manhattan. In addition, Landlord shall keep the common areas of the Building clean and well lighted in a standard similar to that of comparable Class A office buildings in the Borough of Manhattan.
Appears in 1 contract
Sources: Lease Agreement (Majesco)
Repairs. (aA) Subject to Paragraph 5(B), Landlord shall maintain in good order and repaircause all necessary repairs to be made TO the structure exterior doors, subject to normal wear and tear and subject to casualty and condemnationwindows, the Building (excluding the Demised Premises corridors and other portions common areas of the Building leased to other tenants), and the Project and Landlord shall cause the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligationProject to be kept in a safe, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant clean and neat condition and shall be deemed Rent hereunder use reasonable efforts to keep all equipment used in common with other tenants (such as elevators, plumbing, heating, air conditioning and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(bsimilar equipment) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair. Except as provided in Paragraph 13 hereof, except there shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Project or in or to fixtures, appurtenances and equipment therein or thereon.
(B) Tenant agrees that all repairs to the Premises not required above to be made by Landlord and all decorating, remodeling, alteration and painting required by Tenant during the term of this Lease, if approved by Landlord, shall be made by Landlord at the sole cost and expense of Tenant. Tenant shall have the freedom to perform its own interior decorating of the Premises provided that no permits are required for same. Tenant will pay for any; repairs to the Premises, the Building or the Project made necessary by any negligence or willful acts or omissions of Tenant or its assignees, subtenants, employees or their respective agents or other persons permitted in the Building or on the Project by Tenant, or any of them, and Tenant will maintain the Premises, and, upon termination of this Lease, will leave the Premises in a safe, clean, neat and sanitary condition, normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthtear excepted.
Appears in 1 contract
Sources: Lease Agreement (Diva Systems Corp)
Repairs. (a) Landlord shall maintain in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and areas, the landscaped areas. , the roof of the Building, the structural floor slab, the structural portions of the interior and exterior structural walls, and the base building mechanical, electrical and plumbing systems.. Notwithstanding the foregoing obligation, to the extent not covered by insurance, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts willful misconduct or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants subtenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except for any initial improvements to the Demised Premises pursuant to the provisions of Exhibit "D" and except structural ----------- repairs necessary for safety and tenant ability. __________________________tenantability.
(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear, using contractors and subcontractors selected by Tenant and approved by Landlord. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to shall not make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by notwithstanding any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Repairs. (a) Landlord shall maintain in good order and repairLessee shall, subject throughout the term of this lease, at its own cost, without any expense to normal wear and tear and subject to casualty and condemnationLessor, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition premises, including all buildings and repairimprovements of every kind which may be a part thereof, except for normal wear and tear. Tenant shall at once reportall appurtenances thereto, including adjacent sidewalks, in writinggood, to Landlord any defective sanitary, and neat order, condition or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereofrepair and, except as specifically provided herein, restore and rehabilitate any improvements of any kind which may be destroyed or damaged by fire, casualty, or any other cause whatsoever. Lessor shall not be obligated to make any repairs, replacements, or any renewals of any kind, to the premises or any buildings or improvements thereon. Lessee shall comply with and abide by all Federal, state, county, municipal and other governmental statutes, ordinances, laws and regulations affecting the premises, the improvements thereon or any activity or condition on or in such premises.
(b) The damage, destruction or partial destruction of any building or other improvement which is a part of the premises shall not release Lessee from any obligation hereunder, except as hereafter expressly herein set forthprovided.
(c) Anything to the contrary in subparagraph (a) of this paragraph notwithstanding, in case of destruction of the improvements to be constructed on the premises or damage thereto from any cause so as to make it untenantable, occurring at any time during the term of this lease, Lessee, if not then in default hereunder, may elect to terminate this lease by written notice served on Lessor within thirty (30) days after occurrence of such damage or destruction. In the event of such termination Lessee shall restore the premises to their original condition as they existed at the commencement of this lease. Upon such termination, rent, taxes, assessments, and any other sums payable by Lessee to Lessor hereunder shall be prorated as of the termination date, and in the event any rent, taxes, or assessments shall have been paid in advance, Lessor shall rebate the same for the unexpired period for which payment shall be made.
Appears in 1 contract
Sources: Ground Lease (Printpack Inc)
Repairs. (a) Landlord shall maintain in good order Tenant shall, at all times during the term hereof and repairat Tenant's sole cost and expense, subject to normal wear and tear and subject to casualty and condemnation, keep the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal ordinary wear and teartear and damage thereto by fire, earthquake, act of God or the elements excepted. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises. Tenant shall at the end of the term hereof surrender to Landlord the Premises and all alterations, additions and improvements thereto (except to the extent Tenant is required to remove any such alterations, additions or improvements pursuant to subparagraph 8(b) above) in the same condition as may be provided when received, ordinary wear and tear and damage by any lawfire, statute earthquake, act of God or ordinance now the elements excepted. Without limiting the foregoing, Landlord shall have the right to require Tenant to replace or hereafter reimburse Landlord for replacement of all plate glass or windows in effector upon the Premises or the Project which are broken by Tenant, its employees, agents, guests or invitees. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly set forth in this Lease (including the Work Letter). No representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant, except as specifically herein set forth.
(b) Landlord shall maintain the roof, exterior walls, structural elements and foundation of the Building, Building systems and all Project common areas including, without limitation, the driveways, parking areas, walkways and landscaping for the Project, and all utility lines located within the Project but not exclusively within the Premises, in compliance with all applicable laws and in good order, condition and repair except for uninsured damage caused by the act of Tenant, its agents, employees, guests or invitees, which uninsured damage shall be repaired at Tenant's expense by Landlord or Tenant, as Landlord may elect.
Appears in 1 contract
Sources: Lease (RingCentral Inc)
Repairs. (a) Landlord shall maintain in good order and repairrepair the structure of the Building, subject to normal wear both exterior and tear and subject to casualty and condemnationinterior, the Building systems (excluding up to the Demised part of connection to the Premises or any other tenanted areas) and other portions the common areas of the Building leased to other tenants)in a manner consistent with Landlord's current practice as of the date hereof. Tenant shall, throughout the Building parking facilitiesTerm, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and the fixtures and appurtenances therein and at Tenant's sole cost and expense, make all alterations, additions nonstructural repairs thereto as and improvements thereto and will keep and maintain the same when needed to preserve them in good condition working order and repaircondition, except for normal reasonable wear and teartear and damage for which Tenant is not responsible under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements made at once reportTenant's request to the lamps, tubes, ballasts and starters in writingthe lighting fixtures installed in the Premises, but Tenant shall be entitled to install its own replacement lamps, tubes and starters. Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from the neglect or willful misconduct of, or Alterations made by, or any work, labor, service or equipment done for Tenant (other than by Landlord) or supplied to Tenant or any subtenant of Tenant, or the installation, use or operation of any property or equipment by Tenant or any of Tenant's subtenants, agents, employees, invitees or licensees, shall be repaired promptly by Tenant, at its sole cost and expense, to Landlord any defective the reasonable satisfaction of Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the moving of Tenant's fixtures, furniture or dangerous condition known equipment. All the aforesaid repairs shall be of good quality and class and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after ten (10) business days notice to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights proceed with due diligence to make repairs required to be made by Tenant hereunder, or if Landlord elects to make any repairs in or to the Building or the facilities and systems thereof for which Tenant is responsible, the same may be made by Landlord, at the expense of Tenant, and the reasonable expenses thereof incurred by Landlord shall be collectible by Landlord as additional rent promptly after rendition of a b▇▇▇ or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Premises for which Landlord may be responsible hereunder of which Tenant is aware. Except as expressly provided in Article 10 hereof, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, or the Premises, or in lieu thereof or to vacate fixtures, appurtenances, or equipment thereof. If the Demised Premises be or become infested with vermin, Tenant, at Tenant's expense, shall cause the same to be exterminated from time to time to the reasonable satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be approved by Landlord, which consent shall not be unreasonably withheld or delayed. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other flammable substances shall be deposited therein. If at any time any windows of the Premises are temporarily closed, darkened or bricked-up for any reason whatsoever including, but not limited to, Landlord's own acts, or any of such windows are permanently closed, darkened or bricked-up if required by law or related to any construction upon property adjacent to the Real Property others, Landlord shall not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to any compensation therefor nor abatement of Rent nor shall the same release Tenant from its obligations hereunder nor constitute an eviction. If at any time the windows of the Premises are temporarily closed, darkened or bricked-up, as aforesaid, then, unless Tenant is required pursuant to this Lease to perform the repairs, maintenance, alterations or improvements, or to comply with any law which resulted in such windows being closed, darkened or bricked-up, Landlord shall perform such repairs, maintenance, alterations or improvements with reasonable diligence and otherwise take such action as may be provided by any lawreasonably necessary to minimize the period during which such windows are temporarily closed, statute darkened or ordinance now bricked-up, but the foregoing shall not require Landlord to engage overtime or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthpremium-pay labor.
Appears in 1 contract
Repairs. (a) Landlord shall maintain in good order and repair, subject to normal 9.01 Except for ordinary wear and tear and subject except as otherwise provided in Section 9.02, Landlord shall perform all maintenance and make all repairs and replacements to casualty the Premises. Tenant shall pay to Landlord the actual cost (including a fee equal to fifteen percent (15%) of actual costs to cover a fee for Landlord's agent or manager) for (a) all maintenance, repairs and condemnationreplacements within the Premises, other than maintenance, repairs and replacements to any Building system or component within the Building core serving the tenants in the Building (excluding "Central Systems") located within the Demised Premises Premises; or (b) all repairs and other portions of replacements necessitated by damage to the Project (including the Building leased to other tenants), the Building parking facilities, the public areas structure and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated Central Systems) caused by the intentional acts negligence or negligence willful misconduct of Tenant or its agents, contractors, employees, invitees, invitees and licensees, tenants or assigns, . Amounts payable by Tenant pursuant to this Section 9.01 shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care payable on demand after receipt of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effectan invoice therefor from Landlord. Landlord has no obligation and has made no promise to maintain, alter, remodel, improve, repair, decorate decorate, or paint the Demised 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 in good order and expressly herein in a safe, neat and clean condition. No representations respecting the 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 forthforth 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, 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; 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 repair all machinery and equipment necessary to provide the services of Landlord described in Article 7 and for repair of all portions of the Project which do not comprise a part of the Premises and are not leased to others.
Appears in 1 contract
Repairs. (a) Landlord shall maintain a. By entry hereunder, Tena▇▇ ▇▇▇epts the Premises as being in good order and sanitary order, condition and repair. Subject to Paragraph 23 hereof Tenant shall keep, maintain and preserve the Premises in first class condition and repair, subject to normal wear and tear excepted and subject shall, when and if needed, at Tenant's sole cost and expense, make all repairs to casualty and condemnation, the Building (excluding the Demised Premises and other portions every part thereof. Tenant shall, upon the expiration or sooner termination of the Building leased to other tenants)term hereof, surrender the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant Premises to Landlord upon demandin the same condition as when received, usual and ordinary wear and tear excepted. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has have no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof. The parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises, the building, the Project or the Common Area except as specifically and expressly herein set forth.
b. Anything contained in Paragraph 15a above to the contrary notwithstanding, Landlord shall repair and maintain the structural portions of the building and the plumbing, heating, ventilating, air conditioning, elevator and electrical systems installed or furnished by Landlord, unless such maintenance and repairs are caused in part or in whole by the act, neglect or omission of any duty by Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Paragraph 23 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tena▇▇'▇ ▇usiness arising from the making of any repairs, alterations or improvements in or to any portion of the building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, statute or ordinance now or hereafter in effect.
Appears in 1 contract
Sources: Office Building Lease (Stac Inc)
Repairs. (a) Landlord shall maintain in good order the Common Areas and repairthe exterior ------- walls, subject to normal wear roof and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions foundation of the Building leased to other tenants), building(s) in the Building parking facilities, the public areas Project and the landscaped areas. Notwithstanding heating, ventilating, air conditioning, electrical, plumbing and mechanical systems provided by Landlord in the foregoing obligationbuilding(s), the cost of any repairs or maintenance to which shall be included in the foregoing necessitated Base Rent. Except as set forth herein, Tenant shall, at its expense, keep the Premises and every part thereof, in good condition and repair and, if required by the intentional reason of acts or negligence of Tenant or Tenant, its agents, contractors, employees, customers or invitees, licenseesor the particular nature of Tenant's use of the Premises, tenants or assigns, all repairs and replacements otherwise the responsibility of Landlord. Tenant shall be borne solely responsible for repairing any and all damage to the Project caused by Tenant including, without limitation, the following: the installation or moving of Tenant's furniture, equipment and personal property. Tenant shall, at its expense, also repair or replace with glass of equal quality any broken or cracked plate or other glass in doors, windows and elsewhere in or adjacent to the Premises (except for exterior glass which, subject to reimbursement as provided in Section 3.2 and except as provided in the second sentence of this Section 11 shall be deemed Rent hereunder and shall be reimbursed repaired by Landlord). Tenant to Landlord upon demand. Landlord shall not be required to make defer any repairs or improvements replacements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care by reason of the Demised anticipation of the expiration of the Term. Landlord, at Landlord's option, may elect to perform all or part of the maintenance, repairs and servicing which is the obligation of the Tenant hereunder and/or the obligation of all of the other tenants of the Project with respect to the premises occupied by them, in which event the cost thereof shall be at Landlord's option either billed directly to and paid by Tenant as additional rental or included in any additional rents charged. Except as aforesaid, in the event that, at the request of Tenant, Landlord performs any maintenance, repairs or servicing of the Premises and all alterationswhich is the obligation of Tenant hereunder, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. then Tenant shall at once report, in writing, to pay Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthdirectly therefor.
Appears in 1 contract
Sources: Office Lease (Metavante Corp)
Repairs. Section 11.01. Tenant, at its sole cost and expense, shall take good care of, and make all interior non-structural repairs to the Premises and Building Equipment therein. Tenant shall make and be responsible for all repairs, interior or exterior, structural and otherwise, ordinary or extraordinary, as and when needed to preserve the Building, the Premises and the Building Equipment therein in good working order and condition, the need for which arises out of (a) Landlord shall maintain the performance of or existence of Improvements made by or at the request of Tenant, (b) the installation, use or operation of Tenant's Property or Fixtures, (c) the moving of Tenant's Property or Fixtures in good order and repair, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions or out of the Building leased to other tenants)or the Premises, (d) the Building parking facilitieswrongful acts, the public areas and the landscaped areas. Notwithstanding the foregoing obligationomissions, the cost negligence or misuse of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or any or its subtenants or any of its or their employees, agents, contractors, employeeslicensees or invitees or their use or occupancy of the Premises (except fire or other casualty caused by Tenant's negligence, inviteesif the fire or other casualty insurance policies insuring Landlord are not invalidated and the rights of Landlord are not adversely affected by this provision) or (e) Legal Requirements or Insurance Requirements pursuant to the provisions of Section 9.01. Tenant, licenseesat its sole cost and expense, tenants shall promptly replace or assignsrepair scratched, damaged or broken doors and interior glass in and about the Premises, shall be borne solely responsible for all repairs and maintenance of wall and floor coverings in the Premises (including, without limitation, where Tenant shall lease an entire floor, the wall, elevator doors and floor coverings in the elevator lobby). Tenant promptly and at its sole cost and expense, shall make all repairs in or to the Premises for which it is responsible. All repairs made by or on behalf of Tenant and shall be deemed Rent hereunder made in conformity with the provisions of Article 10 and shall will be reimbursed by Tenant to Landlord upon demandperformed in a good and workmanlike manner.
Section 11.02. Landlord shall operate the Building as a first-class office building with stores. Landlord shall make all necessary repairs to keep the Building, including any Building Equipment other than Building Equipment located in the Premises in good repair, excluding, however, (a) repairs of Tenant's Property or Improvements made by or at the request of Tenant, not be required to make any repairs occasioned by Landlord's act or improvements to the Demised Premises except structural repairs necessary for safety negligence and tenant ability. __________________________(b) repairs which Tenant covenants is obligated to make pursuant to Section 11.01 and agrees that it will take good care the other provisions of this Lease. Landlord shall perform all maintenance and make all necessary repairs to the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same Base Building air conditioning equipment which cost shall be included in good condition and repair, except for normal wear and tearExpenses under Article 7. Tenant shall at once reporthave reasonable access to Building Equipment upon 24 hours' prior notice to Landlord. Nothing contained in this Section shall require Landlord to paint the Premises. Unless Landlord has actual knowledge, in writingno liability of Landlord to Tenant, however, shall accrue under this Section unless and until Tenant has given notice to Landlord of the necessity of any defective or dangerous condition known specific repair for which Landlord has agreed to Tenant. To the fullest extent permitted by lawbe responsible under this Lease, Tenant hereby waives all rights and a reasonably sufficient time has elapsed in which to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, such repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forth.
Appears in 1 contract
Sources: Lease (Instinet Group LLC)
Repairs. Section 10.1 Tenant shall, at Tenant's expense, maintain and repair the Premises (aincluding the lavatories within the Premises) Landlord shall maintain in good order and repairall Building systems within and serving only the Premises, subject to normal reasonable wear and tear and damage for which Tenant is not responsible pursuant to this lease. If the Premises are on street level with an entry from the street directly into the Premises, Tenant shall, at Tenant's expense (a) maintain and repair the sidewalks abutting the Premises and (b) keep those sidewalks free of rubbish, snow, ice and other obstructions, and otherwise in a safe and clean condition, subject to casualty reasonable wear and condemnationtear and damage for which Tenant is not responsible pursuant to this lease. Subject to Section 13.4, all damage to the Building (excluding including the Demised Building systems) or the Land resulting from any act or omission of Tenant or Tenant's employees or contractors, shall be repaired, at Tenant's expense, by Tenant to the reasonable satisfaction of Landlord or, at Landlord's option, by Landlord. Tenant shall give prompt notice to Landlord if any portion of the Premises or any Building system within the Premises requires repair. Tenant shall, at Tenant's expense, cause vermin within the Premises to be exterminated (as reasonably required by Landlord).
Section 10.2 Landlord shall have no liability to Tenant, there shall be no abatement of the Rent and there shall not be deemed to be any actual or constructive eviction of Tenant arising from Landlord performing any repairs or other portions work to any portion of the Building leased to other tenants), (including the Premises or the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthsystems).
Appears in 1 contract
Repairs. (a) Landlord shall maintain 14.1 Except as otherwise provided in good order and repairArticle 14.2, subject to normal wear and tear and subject to casualty and condemnationTenant shall, at Tenant's expense, keep the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear including the maintenance, cleaning and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives repair of all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effectinterior glass panels and partitions. Landlord has shall have no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises. Tenant shall, subject to the provisions of Article 13.3, upon the expiration of the Term, surrender the Premises to Landlord in the same condition as received, ordinary wear and tear and casualty damage, condemnation and alterations with respect to which Landlord has not reserved the right to require removal excepted. At the expiration of the Term, Tenant shall remove all trash and rubbish from the Premises and return the Premises in broom clean condition.
14.2 Notwithstanding anything to the contrary contained in Article 14.1, and subject to Article 14.3, and Tenant's obligation to pay Expense Rent pursuant to Article 5, Landlord shall repair and maintain the structural portions of the Building including the Premises, including the basic plumbing, air conditioning and electrical systems installed or furnished by Landlord. Should such maintenance and repair be caused in part or in whole by the act, neglect, fault of or omission of any part duty by Tenant, its agents, servants, employees, licensees, or invitees, Tenant shall pay to Landlord, within (20) days after receipt of written notice thereof, except the reasonable cost of such maintenance and repairs. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for any unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as specifically provided in Article 21 hereof, and expressly so long as Landlord is making reasonable efforts to minimize interference, there shall be no abatement of rent and no liability of Landlord by reason of any injury to, or interference with, Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises. Tenant waives the right to make repairs at Landlord's expense under Section 1942 of the California Civil Code, or under any law, statute or ordinance now or hereafter in effect. Tenant agrees that the Premises described herein set forthdo not constitute a "Dwelling Unit" or "Dwelling" as the term is used in California Civil Code Section 1940 et seq.
Appears in 1 contract
Sources: Office Lease (Retix)
Repairs. (a) Landlord shall maintain keep the Common Area in a good order and repair, subject clean and neat condition. Subject to normal wear paragraph 11(b) below, Landlord shall make all necessary repairs, within a reasonable period following receipt of notice from Tenant, to the roof, exterior walls, exterior doors, exterior locks on exterior doors and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions windows of the Building leased and to other tenants)the Common Areas. There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with ▇▇▇▇▇▇’s business arising from the making of any repairs, alterations or improvements to any portion of the Building parking facilitiesPremises or the Building.
(b) Tenant, at its sole expense, (i) shall keep the public areas Premises and all fixtures contained therein in a safe, clean and neat condition and (ii) shall bear the landscaped areascost of maintenance and repair by contractors reasonably approved by Landlord of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in or outside of and which serve only the Premises including, without limitation, lavatory, toilet, wash basin and kitchen facilities and supplemental heating and air conditioning systems including all plumbing connected to such facilities or systems installed by or on behalf of Tenant or existing in the Premises at the time of Landlord’s delivery of the Premises to Tenant. Notwithstanding the foregoing obligation, Tenant shall pay for the cost of any repairs or maintenance to the foregoing necessitated by Premises or the intentional acts Building arising from any negligence or negligence misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, contractorsrepresentatives, employees, invitees, licensees, tenants contractors or assigns, shall be borne solely other persons permitted in or invited to the Premises or the Building by Tenant. If Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required fails to make any such repairs or improvements to the Demised Premises except structural replacements within fifteen days after written notice from Landlord, Landlord may at its option make such repairs necessary for safety or replacements and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to upon demand pay Landlord any defective or dangerous condition known to Tenant. To for the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense reasonable cost thereof plus an administrative fee of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthfifteen percent of such cost.
Appears in 1 contract
Sources: Office Lease Agreement
Repairs. (a) Landlord shall maintain the Common Areas and the exterior walls, roof, foundation, common HVAC and other systems (including but not limited to electrical, plumbing, sprinkler, and mechanical) of the building(s) in good order the Project, and repair, the cost thereof shall be included in Operating Charges subject to normal wear the terms and tear and subject to casualty and condemnationconditions of Section 3.2; provided, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants)however, the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of that if any such repairs or maintenance to the foregoing necessitated shall be occasioned by the intentional acts negligence or negligence willful misconduct of Tenant or Tenant, its agents, contractors, employees, customers or invitees, licenseesor the particular nature of Tenant’s use of the Premises, tenants or assigns, Tenant shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to responsible for the entire cost of such repairs. Except for the repairs Landlord upon demand. Landlord shall not be required is specifically obligated to make any as set forth above or other terms of this Lease, Tenant shall, at its expense, during the Lease Term, make all other necessary repairs or improvements and replacements to the Demised Premises except structural repairs necessary for safety Premises, and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repairrepair so that at the expiration of the Term, the Premises shall be surrendered to Landlord in good condition, ordinary wear and tear, casualty, and damage caused by Landlord, its agents, employees, or contractors excepted. Tenant shall be responsible for repairing any damage to the Building caused by the installation or moving of Tenant’s furniture, equipment and personal property. Tenant shall, at its expense, also repair or replace with glass of equal quality any broken or cracked plate or other glass in doors, windows and elsewhere in or adjacent to the Premises, except for normal wear and tearany damage caused by Landlord, its agents, employees, or contractors. Tenant shall not defer any repairs or replacements to the Premises by reason of the anticipation of the expiration of the Term. The surrender of the Premises upon the expiration or early termination of this Lease shall not relieve Tenant of the obligation to pay for all repairs or replacements to the Premises which Tenant was obligated to perform during the Lease Term, which obligation shall survive the expiration or early termination of this Lease. Landlord, at once reportLandlord’s option after at least thirty (30) days’ written notice to Tenant (except no prior notice shall be required in the event of emergency), may elect to perform all or part of the maintenance, repairs and servicing which is the obligation of the Tenant hereunder with respect to the Premises, in writingwhich event the cost thereof shall be at Landlord’s option either billed directly to and paid by Tenant as additional rent or included in Operating Charges. Except as aforesaid, to Landlord any defective or dangerous condition known to Tenant. To in the fullest extent permitted by lawevent that, Tenant hereby waives all rights to make repairs at the expense request of Tenant, Landlord performs any maintenance, repairs or in lieu thereof to vacate servicing of the Demised Premises as may be provided by any lawwhich is the obligation of Tenant hereunder, statute or ordinance now or hereafter in effect. then Tenant shall pay Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthdirectly therefor.
Appears in 1 contract
Sources: Lease (Exact Sciences Corp)
Repairs. (a) Landlord shall maintain As of the Commencement Date, Tenant accepts the Premises as being in good order and repairsanitary order, subject to normal wear and tear and subject to casualty and condemnation, the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost of any repairs or maintenance to the foregoing necessitated by the intentional acts or negligence of Tenant or its agents, contractors, employees, invitees, licensees, tenants or assigns, shall be borne solely by Tenant and shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon demand. Landlord shall not be required to make any repairs or improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care of the Demised Premises and all alterations, additions and improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear those items of construction identified on the punchlist described in paragraph 13 of the Work Letter attached hereto as Exhibit B. Tenant shall, when and tearif needed or whenever requested by Landlord to do so, at Tenant's sole cost and expense, make all repairs to the Premises and every part thereof, including all interior doors and the ATM, to keep, maintain and preserve the Premises in first class condition and repair. Tenant shall at once report, in writing, upon the expiration or sooner termination of the term hereof surrender the Premises to Landlord any defective or dangerous in the same condition known to Tenantas when received, reasonable and ordinary wear and tear thereof excepted. To the fullest extent permitted by lawExcept as provided in Subparagraph 15(b) hereof, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided by any law, statute or ordinance now or hereafter in effect. Landlord has shall have no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except the Building or the common areas, and the parties hereto affirm that Landlord has made no representations to Tenant respecting the condition of the Premises or the Building.
(b) Anything contained in Subparagraph 15(a) above to the contrary notwithstanding, Landlord shall repair and maintain the common areas described in Subparagraph 2(b) and the structural portions of the Building, including the windows, exterior doors of the Building, basic plumbing, heating, ventilating, air conditioning and electrical systems installed or furnished by Landlord. If the 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, customers or invitees (including, without limitation, any maintenance or repair as specifically a result of the operation or use of the ATM by Tenant, its agents, servants, employees, customers or invitees), Tenant shall pay to Landlord, as additional rent, the reasonable cost of such maintenance and expressly herein set forthrepairs. The janitorial services to be provided by Landlord shall be comparable to those provided in other first class office buildings in the Roseville area. Landlord shall not be liable for any failure to make any such repairs or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Paragraph 23 hereof there shall be no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances and equipment therein. Tenant hereby waives California Civil Code Sections 1932(1), 1941 and 1942 and any other applicable existing or future law, ordinance or governmental regulation permitting Tenant to make repairs at Landlord's expense. Landlord shall have no responsibility for the repair or maintenance of the ATM even though it is located within the common area.
(c) Anything to the contrary in Subparagraphs 15(a) and (b) above notwithstanding, Tenant, at Tenant's sole cost and expense, shall make any and all improvements, changes, maintenance or repairs to the Premises, which are required for compliance with Laws.
(d) Tenant acknowledges that Landlord shall have no obligation to maintain, repair or replace any telecommunications or computer cabling or wiring which is located in the Premises or which exclusively serves the Premises (collectively, the "CABLING"). Tenant, at Tenant's expense, shall contract with Pacific Bell or another reputable contracto▇ ▇▇proved by Landlord to maintain the Cabling. Landlord shall provide Tenant access to the Building's main telephone room, and, to the extent needed, other premises in the Building in order to pull the telephone wires to the Premises.
Appears in 1 contract
Repairs. Landlord shall, at Landlord's sole cost and expense (abut which may be included in Operating Expenses to the extent permitted hereunder), keep and maintain in good working order and repair, and shall make such improvements, repairs or replacements as are necessary or appropriate to, the exterior walls, all structural components and elements of the Project, lobbies, stairs, elevators (including without limitation, cabs and doors), corridors and corridor walls and wall treatments, carpeting, public restrooms, roofs, plate glass, parking areas, paved areas, walkways and drives, landscaping, base Building improvements, and all facilities, systems and equipments relating to the furnishing of services (including mechanical, electrical, water, heating, ventilating and air-conditioning, life safety and elevators) Landlord shall required to be provided by Landlord, pursuant to this Lease, all at such times, in such manner and to such extent as is reasonably necessary or appropriate to maintain the Project in good order and repaircondition consistent with a first-class office building located in the Greenway Plaza and Galleria areas in Houston. All repairs, alterations or additions that affect the Project's structural components or major mechanical, electrical or plumbing systems shall be made by Landlord or its contractors only, and, subject to normal wear and tear and subject to casualty and condemnationSection 6.7, in the Building (excluding the Demised Premises and other portions of the Building leased to other tenants), the Building parking facilities, the public areas and the landscaped areas. Notwithstanding the foregoing obligation, the cost case of any repairs damage to such components or maintenance to the foregoing necessitated systems caused by the intentional acts or negligence of Tenant or its Tenant's agents, contractors, employees, inviteesconstruction contractors, licensees, tenants or assignscleaning contractors, shall be borne solely paid for by Tenant and in an amount equal to Landlord's costs plus seven percent (7%) for overhead, which shall be deemed Rent hereunder and shall be reimbursed by Tenant to Landlord upon payable within thirty (30) days after demand. Notwithstanding anything to the contrary contained in this Section 5.2.1, Landlord shall not be required to make any improvements to or repairs of any kind or character to the leasehold improvements within the Leased Premises during the Term, except (i) subject to Section 6.7, repairs to leasehold improvements to the Demised Premises except structural repairs necessary for safety and tenant ability. __________________________(b) Tenant covenants and agrees that it will take good care extent they have been damaged as a result of the Demised Premises negligence of Landlord, or Landlord's agents, employees, construction contractors, or cleaning contractors, and all alterations, additions and (ii) repairs to Building standard improvements thereto and will keep and maintain the same in good condition and repair, except for normal wear and tear. Tenant shall at once report, in writing, to Landlord any defective or dangerous condition known to Tenant. To the fullest extent permitted by law, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as may be provided necessary for normal maintenance; provide however, non-Building standard leasehold improvements shall, at Tenant's written request, be maintained, repaired or replaced, by any lawLandlord at Tenants expense, statute or ordinance now or hereafter in effectat a cost equal to Landlord's costs plus seven percent (7%) overhead, which shall be payable within thirty (30) days after demand. Landlord has no obligation shall, as a part of Operating Expenses, replace the flooring in the elevators serving the Leased Premises at least every three (3) years during the Term, such replacement flooring to be of a quality in keeping with a first-class office building located in the Greenway Plaza and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof, except as specifically and expressly herein set forthGalleria areas in Houston.
Appears in 1 contract
Sources: Office Space Lease Agreement (FSP Phoenix Tower Corp)