Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 2 contracts
Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and furnishings thereinequipment such as dishwashers, garbage disposals, and insta-hot dispensers), or elsewhere exclusively serving the floor or floors of the Building on which the Premises are locatedPremises, 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 ’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of TenantTenant (including to the extent that such repairs are required due to the negligence or willful misconduct of Landlord); provided provided, however, thatthat if such repairs are due to the negligence or willful misconduct of Landlord, Tenant shall nevertheless make such repairs at Landlord’s expense, or, if covered by Tenant’s insurance, Landlord shall only be obligated to pay any deductible in connection therewith. Notwithstanding the foregoing, at Landlord's ’s option, or if Tenant fails to make such repairsrepairs that are its responsibility to repair, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's ’s involvement with such repairs and replacements forthwith upon being billed for same. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems and utility services serving the Premises from the Building connection point to the Premises (to the extent serving Tenant exclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas (to the extent not serving Tenant exclusively), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 2 contracts
Samples: Sublease (Jounce Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.)
Repairs. The Tenant shall take good care of the Demised Premises and shall make all necessary non-structural repairs to the interior thereof except for repairs of damage resulting from causes outside of the Demised Premises, e.g. leaks or overflows in neighboring space. Landlord shall maintain, repair or replace all HVAC, plumbing and electrical fixtures and circuitry (other than fixtures installed by the Tenant) and shall promptly repair all roof leaks. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the structural portions common areas of the Buildingbuilding including hallways, including the foundationentry, floor/ceiling slabsvestibule, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings thereinbathrooms, and the floor or floors exterior of the Building on which building including the parking lot and landscaping at the Landlord's expense. Upon the expiration or at the termination of this lease, the Tenant shall surrender the Demised Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and Landlord in as good condition as at the Building Systems except pursuant to commencement of the BS/BS Exception. In additionterm, 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear excepted. Tenant is prohibited from making any structural improvements, alterations or beyond additions to the reasonable control Demised Premises without first obtaining the written approval therefore from the Landlord, and all such improvements, alterations or additions made by the Tenant shall be the property of Tenant; provided however, thatthe Landlord, at no expense to the Landlord's , and shall remain upon and be surrendered with the Demised Premises, as part thereof, at the expiration or termination of this lease. In the event that any mechanics' lien is filed against the Demised Premises as a result of any repairs, improvements, alterations or additions made by the Tenant, the Landlord, at its option, or if Tenant fails to make such repairs, Landlord may, after ten (10) days written notice to Tenant and the Tenant's failure to repair within five (5) days thereafter, but need notmay terminate this lease and/or may pay the said lien, make such repairs and replacementswithout inquiring into the validity thereof, and the Tenant shall pay forthwith reimburse the total expense incurred by the Landlord in discharging the cost thereof, including a percentage said lien as additional rent hereunder on the first day of the cost thereof (next month following such payment by Landlord. Landlord shall have the right to be uniformly established install and maintain in the Demised Premises all utility lines and electric wiring and all other appliances necessary for the Building and/or operation of the Projectbalance of the building of which the Demised Premises form a part, and shall have access to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Demised Premises at all reasonable times after prior reasonable notice to make Tenant, and in cases of emergency at any time without prior notice, for the purpose of examining same or of making such repairs or changes as the Landlord may deem necessary. No claim shall be made by, or compensation paid to the Tenant by the Landlord by reason of inconvenience, annoyance, loss or damage arising from the necessity of making such repairs, alterationshowever the necessity may occur, improvements or additions to the Premises or to the Project or to nor shall there be any equipment located abatement in the Project as rent during such period of time. Landlord shall desire take reasonable steps to perform its rights and obligations hereunder without unnecessary or deem necessary or as Landlord may be required unreasonable interference to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectbusiness.
Appears in 2 contracts
Samples: Month Lease Agreement, Month Lease Agreement
Repairs. (a) Landlord shall maintain (including repairs and replacements), in first-class a timely manner, in good order and condition and operating order incompliance with all Law and keep in good repair accordance with the standards of Class A office buildings in Downtown Cleveland as reasonably determined by Landlord, all of the following; (a) Common Areas and condition the structural other public portions of the Building, including the foundationbut not limited to any lobbies, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areaselevators, landscapingcorridors and restrooms, (b) the windows and exterior Project signagewalls, stairwellsroofs, elevator cabfoundations and structure itself of the Building, men's (c) the fire and women's washroomslife safety systems, Building mechanical, HVAC, plumbing, gas, sewer, drainage, electrical and telephone closetsother utility lines and equipment servicing the Premises, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and and/or the Common Areas. Notwithstanding anything in this Lease , and (d) all other portions of the Building (other than leased space expressly required to be maintained by a particular tenant pursuant to the contraryterms of its lease). The cost of the foregoing shall be included in Expenses (except as otherwise prohibited by this Lease), except for the repairs due to fire and other casualties and for the repair of damages occasioned by the negligent acts or omissions of Tenant, which Tenant shall pay to Landlord in full (unless the liability for such has been waived by Section 21). Landlord shall be responsible to supply and pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building (to be included in Expenses); provided, however, Tenant shall be required responsible to repair reimburse Landlord for the Building Structure and/or the Building Systems to the extent caused due to Tenant's use cost of the Premises for other than normal lighting ballasts, light bulbs, and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep fluorescent tubes replaced in the Premises, including . Landlord shall promptly complete all improvements, fixtures required repairs and furnishings therein, repair any and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make which may result from such repairs and replacementsmaintenance. Landlord shall, and Tenant at its sole cost, also make all repairs to the Premises necessitated by the negligence or willful misconduct of Landlord, Landlord’s managers, contractors, employees or agents. Landlord shall pay Landlord the cost thereof, including a percentage of the cost thereof (make all repairs required to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services made by tenant it under this Lease within a reasonable time. Except in the Comparable Buildings) sufficient to reimburse event of an Emergency, Landlord for shall also make all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs at such times and replacements forthwith upon being billed for same. in such a manner as to reasonably minimize inconvenience to Tenant in the conduct of its business. Landlord may, but shall not be required to, enter the Premises at all for the purpose of making such repairs if the same can be made on a reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation basis without entry of Tenant hereunder, 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 . If said repairs can be made outside of Tenant’s business hours without substantial additional cost to items (ii) and (iii) aboveLandlord, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use ofdo so, or access to, the Premises. unless Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectrequests that they be made during business hours.
Appears in 2 contracts
Samples: Memorandum of Lease (Rocket Companies, Inc.), Memorandum of Lease (Rocket Companies, Inc.)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures fixtures, equipment, interior window coverings, and furnishings therein, and the floor or floors of the Building on which the Premises are 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 ’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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's ’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's ’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's ’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 structural portions of the floors of the Building, and the systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's ’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 ’s use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 2 contracts
Samples: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant Subject 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 VI hereof, Lessee shall, during the term of this Lease, at TenantLessee's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in as good order, condition and repair and condition as they were at all times during the Lease Termtime Lessee took possession of the same, 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear and damage from fire and other casualties excepted. Lessee shall keep the Premises in a neat and sanitary condition, and Lessee shall not commit any nuisance or beyond waste on the reasonable control of Tenant; provided howeverPremises or in, thaton or about the Office Complex, at Landlord's optionthrow foreign substances in the plumbing facilities, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage waste any of the cost thereof (to be uniformly established for utilities furnished by the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs Lessor. All uninsured damage or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions injury to the Premises or to the Project Office Complex caused by Lessee moving furniture, fixtures, equipment or other devices in or out of the Premises or the Office Complex or by installation or removal of furniture, fixtures, equipment, devices or other property of Lessee or its agents, contractors, servants or employees, due to any equipment located carelessness, omission, neglect, improper conduct or other cause of Lessee or its servants, employees, agents, visitors or licensees, shall be repaired, restored and replaced promptly by Lessee at its sole cost and expense to the satisfaction of Lessor. All repairs, restorations and replacements shall be in quality and class equal to the Project as Landlord original work and shall desire or deem necessary or as Landlord may be required comply with all requirements of this Lease. Subject to do by governmental or quasi-governmental authority or court order or decree; provided, howeverArticle II hereof and to Lessee's specific obligations, except to the extent of any damage caused by the fault or negligence of Lessee, Lessor shall maintain and keep in good order, condition and repair all common areas of the Office Complex and the structural portions of the Office Complex, including the outer walls, roof, floors, foundations, load bearing members, trusses, and joists, the HVAC facilities serving the Premises, and the portions of the plumbing and electrical lines located outside of the Premises which serve the Premises. Lessor and its employees and agents shall have the right to enter the Premises at any reasonable time or times after twenty-four (24) hours advance notice, for (i) emergenciesthe purpose of inspection, (ii) cleaning, repairs, altering or improving the same but nothing contained herein shall be construed as imposing any obligation on Lessor to make any repairs, improvements, alterations, improvements additions or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs installations which are the obligation of Tenant hereunder, any such entry into Lessee. Either party may give written notice to the other party at least thirty (30) days prior to vacating the Premises by Landlord shall be performed in for the express purpose of arranging a manner so as not to materially interfere with Tenant's use of, or access to, meeting for a joint inspection of 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 2 contracts
Samples: Office Lease Scottsdale Northsight (Jda Software Group Inc), Office Lease (Jda Software Group Inc)
Repairs. Landlord Lessee shall, at its expense, take good care of the premises, which includes, but is not limited to, all electrical, plumbing, heating, air conditioning and other mechanical or machinery installations therein; all doors, as well as all plate glass doors and windows, fixtures and appurtenances therein, and shall maintain make all repairs, alterations, replacements and modifications necessary to keep them in first-class condition and operating as good working order and keep in good repair condition, using material and condition labor of a kind and quality equal to the original work, as they were upon commencement of this Lease, including structural portions repairs when those are necessitated by the act, omission or negligence of Lessee or its agents, employees or invitees. The exterior walls of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass windows and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closetsthe portions of all window xxxxx outside same are not part of the premises demised by this Lease, and Lessor hereby reserves all common rights to such parts of the Building. Tenant shall not abandon or vacate the Demised Premises, shall not permit, license or suffer the occupancy of any other party in the Demised Premises and public shall keep the Demised Premises and sidewalks, service-ways and loading areas adjacent to the Demised Premises neat, clean and free from dirt, rubbish, insects and pests at all times and store all trash and garbage within the Demised Premises, arranging for a regular pick up of such garbage and trash at Tenant’s expense. Tenant shall store all trash and garbage within the area designated by Landlord for such trash pick up and removal and only the receptacles of the size, design and color from time to time prescribed by Landlord. Tenant shall not operate an incinerator or burn trash or garbage within the Center. Tenant agrees, at Tenant’s sole cost and expense (collectivelyi) to comply promptly and fully with all present and future governmental laws, "Building Structure") ordinances, orders, rules and regulations affecting the Base Building mechanicalPremises and/or Tenant’s use thereof, electricalincluding without limitation, life the Americans with Disabilities Act, 42, U.S.C. Section 12111, et. Seq., as amended, and/or the cleanliness, safety, plumbing, sprinkler systems occupancy and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal same; and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear be and tear or beyond remain authorized to do business in the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and state in which the Center is located. Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements no alternations or additions to the Premises or erect any exterior signs other than a building standard Tenant sign (if any) provided by Landlord or as may be made with Landlord’s prior written consent which consent shall not be unreasonably withheld. All alterations or additions made with such consent shall be part of the Premises and the property of Landlord, subject to the Project terms of this Lease unless otherwise provided by the instrument of consent. Tenant’s trade fixtures, equipment or to any equipment located in other personal property placed on the Project as Landlord shall desire or deem necessary or as Landlord Premises may be required to do removed by governmental Tenant at any time during the Rental Term; but if installation of any of same in or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into on the Premises by Landlord or the removal therefrom of any thereof could deface structurally alter the Premises, Landlord’s written consent to installation must first be procured and, upon removal, all any damage to the Premises caused thereby shall be performed in a manner so as fully repaired promptly by Tenant at Tenant’s expense. There shall be no outside storage of any kind whatsoever. Notwithstanding anything to the contrary contained herein, Tenant shall not be responsible for roof or structural maintenance except to materially interfere with the extent the same may be occasioned by 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect’s negligence.
Appears in 2 contracts
Samples: Lease Agreement (Sancilio Pharmaceuticals Company, Inc.), Lease Agreement (Sancilio Pharmaceuticals Company, Inc.)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and furnishings thereinequipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, 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 ’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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's ’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's ’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 structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives and releases any and all rights under and benefits it may have at law or in equity to make repairs at the expense of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectLandlord.
Appears in 2 contracts
Samples: Office Lease (Motricity Inc), Office Lease (Motricity Inc)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures and furnishings thereinfixtures, furnishings, and systems and equipment within the floor or floors Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Building on which Premises but exclusively serving the Premises are locatedPremises), 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 ’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenanttear; provided however, that, at Landlord's option, or that if Tenant fails to make such repairsrepairs within applicable notice and cure periods, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the cost thereof (to be uniformly established for Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and/or the Projectand Common Areas, and all portions of the Project outside the Premises and not exclusively leased to be reasonably consistent with similar percentages paid for such services by tenant in other tenants, except to the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with extent that such repairs and replacements forthwith upon being billed for sameare required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. . Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights releases its right to make repairs at Landlord’s expense under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 2 contracts
Repairs. Subject to Section 11, Tenant, at its expense, shall perform all non-structural maintenance and repairs (including replacements) to the interior of the Premises, and keep the Premises in as good condition and repair as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, except for damage by casualty (which shall be governed by the terms of Article 11 of this Lease, below), reasonable wear and tear and repairs that are Landlord’s express responsibility hereunder. 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 the Premises, 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, if requested by Tenant, perform such maintenance and repairs on Tenant’s behalf, in which case Tenant shall pay Landlord, upon demand, the actual, documented cost to Landlord for such work plus a coordination fee equal to 5% of such cost. Landlord shall maintain in first-class condition perform all maintenance and operating order repairs to (i) the roof and keep in good repair exterior walls and condition windows of the Building, (ii) the Base Building, including all Base Building elements of the Premises, and (iii) the Common Areas. As used herein, “Base Building” means the structural portions of the Building, Building (including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membranefoundation and roof), curtain wall, the roof and exterior glass walls and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closetswindows of the Building, and all common and public areas mechanical (collectively, "Building Structure") and the Base Building mechanicalincluding HVAC), electrical, life safety, plumbing, sprinkler plumbing and fire/life-safety systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair serving the Building Structure and/or the in general, excluding additions or upgrades to such Building Systems to the extent caused due to systems made by Tenant's use , whether located inside or outside of the Premises for other than normal Premises. Landlord’s shall perform its maintenance and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed obligations in a manner so as not to materially interfere consistent 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, landlords of other first class office buildings in the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 general vicinity of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectBuilding.
Appears in 2 contracts
Samples: Office Lease (Responsys Inc), Office Lease (Responsys Inc)
Repairs. Landlord shall maintain at Landlord’s cost (and not included in first-class condition and operating order and keep in good Operating Expenses) repair and condition maintain the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "“Building Structure”), basic plumbing, sewer, heating, ventilating, air-conditioning, fire suppression/ sprinkler, Building security and electrical systems installed or furnished by Landlord and not located within the Premises (collectively, the “Building Systems") ”), unless such maintenance and repairs are caused in part or in whole by the Common Areas. Notwithstanding anything act, neglect, fault or omission of any duty by Tenant or the “Tenant Parties.” as defined in this Lease to the contrarySection 10.1, below, in which event Tenant shall be required pay to repair Landlord, as Additional Rent, the Building Structure and/or reasonable cost of such maintenance and repairs. Except as set forth in the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception")preceding sentence. Tenant shall, at Tenant's ’s own expense, pursuant to the terms of this Lease, including, without limitation, Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, . Tenant shall, at Tenant's ’s own expense, expense but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including, without limitation, Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances; provided, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's ’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or Building, not to exceed 10% of the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildingscost of repair) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's ’s involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times (provided that Landlord acts in accordance with Article 27) to make such repairs, alterations, improvements or and additions to the Premises or to the Project Building or to any equipment located in the Project Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights releases its right to make repairs at Landlord’s expense under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect. The Building Structure and Building Systems shall be collectively referred to as the “Base Building.”
Appears in 2 contracts
Samples: Office Lease (Spinal Elements Holdings, Inc.), Office Lease (Spinal Elements Holdings, Inc.)
Repairs. During the continuance of this Sublease, Subtenant shall keep the Subleased Premises and appurtenances in good order and repair; shall keep the Subleased Premises and appurtenances in a wholesome condition without charge or expense to Sublandlord; shall pay for all damages to the Building as well as damages to the tenants or occupants thereof caused by any waste, misuse or neglect of said Subleased Premises, its apparatus or appurtenances; and shall not make nor allow to be made any change, alteration or addition, in, upon or to said Subleased Premises without the written consent of Sublandlord and Primary Landlord for that purpose first had and obtained. Upon the expiration or earlier termination of Subtenant's right to possession of the Subleased Premises, Subtenant shall maintain surrender to Sublandlord the Subleased Premises in first-class as good condition and operating order repair as on the Commencement Date, reasonable wear and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closetstear excepted, and all common and public areas alterations, fixtures (collectively, "Building Structure"other than Subtenant's trade fixtures) and improvements shall remain with, and become the Base Building mechanicalproperty of, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed Sublandlord unless Subtenant is directed by Tenant Parties (collectively, Sublandlord in writing to remove the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease same prior to the contraryexpiration or termination of Subtenant's right to possession of the Subleased Premises. If Subtenant fails to leave the Subleased Premises in such condition, Tenant then Sublandlord shall be required have the right to repair and restore the Building Structure and/or the Building Systems same to the extent caused due to Tenant's use of the Premises such condition and Subtenant shall reimburse Sublandlord for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof plus fifteen percent (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect15%).
Appears in 2 contracts
Samples: Sublease Agreement (Privatebancorp Inc), Sublease Agreement (Privatebancorp Inc)
Repairs. Landlord Lessee shall, at its expense, take good care of the premises, which includes, but is not limited to, all electrical, plumbing, heating, air conditioning and other mechanical or machinery installations therein; all doors, as well as all plate glass doors and windows, fixtures and appurtenances therein, and shall maintain make all repairs, alterations, replacements and modifications necessary to keep them in first-class condition and operating as good working order and keep in good repair condition, using material and condition labor of a kind and quality equal to the original work as they were upon commencement of this Lease, including structural portions repairs when those are necessitated by the act, omission or negligence of Lessee or its agents, employees or invitees, The exterior walls of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass windows and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closetsthe portions of all window xxxxx outside same are not part of the premises demised by this Lease, and Lessor hereby reserves all common rights to such parts of the Building. For any existing HVAC repair cost greater than Five Hundred ($500.00) Dollars per unit, per occurrence, Lessee shall pay the first Five Hundred ($500.00) Dollars and public Landlord shall pay the balance. Any required existing HVAC unit replacements shall be at the sole expense of Landlord. Lessee shall not abandon or vacate the Demised Premises, shall not permit, license or suffer the occupancy of any other party in the Demised Premises and shall keep the Demised Premises and sidewalks, service-ways and loading areas adjacent to the Demised Premises neat, clean and free from dirt, rubbish, insects and pests at all times and store all trash and garbage within the Demised Premises, arranging for a regular pick up of such garbage and trash at Lessee’s expense. Lessee shall store all trash and garbage within the area designated by Lessor for such trash pick-up and removal and only the receptacles of the site, design and color from time to time prescribed by Lessor. Lessee shall not operate an incinerator or burn trash or garbage within the Building Project. Lessee agrees, at Lessee’s sole cost and expense (collectivelyi) to comply promptly and fully with all present and future governmental laws, "Building Structure") ordinances, orders, rules and regulations affecting the Base Building mechanicalPremises and/or Lessee’s use thereof, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectivelyincluding without limitation, the "Building Systems") and the Common AreasAmericans with Disabilities Act, 42, U.S.C. Section 12111, et. Notwithstanding anything in this Lease to the contrarySeq., Tenant shall be required to repair the Building Structure as amended, and/or the Building Systems to the extent caused due to Tenant's cleanliness, safely, occupancy and use of the Premises for other than normal same; and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear be and tear or beyond remain authorized to do business in the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for state in which the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for sameProject is located. . Landlord may, but Lessee shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements no alternations or additions to the Premises or erect any exterior signs other than a building standard Lessee sign (if any) provided by Lessor or as may be made with Lessor’s prior written consent which consent shall not be unreasonably withheld. All alterations or additions made with such consent shall be part of the Premises and the property of Lessor, subject to the Project terms of this Lease unless otherwise provided by the instrument of consent. Lessee’s trade fixtures, equipment or to any equipment located in other personal property placed on the Project as Landlord shall desire or deem necessary or as Landlord Premises may be required to do removed by governmental Lessee at any time during the Rental Term; but if installation of any of same in or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into on the Premises by Landlord or the removal therefrom of any thereof could deface structurally alter the Premises, Lessor’s written consent to installation must first be procured and, upon removal, all damage to the Premises caused thereby shall be performed in a manner so as fully repaired promptly by Lessee at Lessee’s expense. There shall be no outside storage of any kind whatsoever. Notwithstanding anything to the contrary contained herein, Lessee shall not be responsible for roof or structural maintenance except 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, extent the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectsame may be occasioned by Lessee’s negligence.
Appears in 2 contracts
Samples: Agreement of Lease (Sancilio Pharmaceuticals Company, Inc.), Agreement of Lease (Sancilio Pharmaceuticals Company, Inc.)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures fixtures, equipment, interior window coverings, and furnishings therein, and the floor or floors of the Building on which the Premises are 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 2 contracts
Samples: Office Lease (Affymetrix Inc), Office Lease (Viking Therapeutics, Inc.)
Repairs. If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall maintain in first-class condition promptly and operating order diligently, subject to reasonable delays for insurance adjustment, and keep in good repair subject to all other terms of this Article, restore the base, shell, and condition core of the structural Premises, the Common Areas and the portions of the Project serving the Premises. 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, including or the foundation, floor/ceiling slabs, roof structure lessor of a ground or underlying lease with respect to the Property; or (as opposed c) to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered Areas reasonably deemed desirable by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period which are consistent with the character of time specified by Landlord, promptly and adequately repair all damage the Project. No such modifications shall materially impair access 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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, Common Areas serving the Premises. Tenant hereby waives shall be responsible, at its sole cost and expense, for the repair, restoration, and replacement of any leasehold improvements installed by Tenant (unless Landlord has elected to insure the same, in which case such repair shall be Landlord’s responsibility) and all rights under and benefits Tenant’s Property. Landlord shall not be liable for any loss of subsection 1 business, inconvenience, or annoyance arising from any repair or restoration of Section 1932 and Sections 1941 and 1942 any portion of the California Civil Code or under any similar lawPremises, statutethe Building, or ordinance now or hereafter the Project as a result of any damage from any casualty. Following Landlord’s repair of the Premises, Tenant shall repair and restore any improvements installed by Tenant to substantially the same condition as prior to the casualty, except for modifications required by Law. All work by Tenant shall be subject to the conditions set forth in effectthis Lease governing alterations and additions.
Appears in 2 contracts
Samples: Office Lease (Eargo, Inc.), Office Lease (Quality Systems Inc)
Repairs. Landlord Supplementing the provisions of Article 4 of this lease: ------- Owner shall maintain in first-class condition and operating order and keep in good repair and condition the structural public portions of the Building, including both exterior and interior (excluding the foundationexterior and interior of all windows, floor/ceiling slabsplate glass, roof structure showcases, doors, door frames and bucks). Tenant, throughout the term of this lease, shall take good care of the demised premises, the fixtures and appurtenances therein (as opposed to roof membrane)including, curtain wallwithout limitation, exterior glass the sprinkler system and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closetsany other equipment installed y Tenant in accordance with the provisions of Article 29 hereof, and all common and public areas (collectivelyinstallations required for the furnishing to the demised premises of the services enumerated in Article 51 hereof), "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems store front and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shallentrance doors thereto and, at Tenant's own sole cost and expense, keep shall clean the Premisessidewalks and curbs adjacent to the demised premises and make all non- structural repairs thereto and to the demised premises (including the exterior and interior of all windows, including plate glass, showcases, doors, door frames and bucks) as and when needed to preserve the same in good working order and condition. Notwithstanding the foregoing, all improvementsdamage or injury to the demised premises or to any other part of the Building, fixtures or to its fixtures, equipment and furnishings thereinappurtenances, or to the sidewalks or curbs adjacent to the demised premises, whether requiring structural or non-structural repairs, caused by or resulting from (i) the moving of Tenant's fixtures, furniture and equipment or (ii) any act, omission, neglect or improper conduct of, or alterations made by, Tenant, Tenant's servants, employees, invitees or licensees, shall be repaired promptly, either by Owner at Tenant's sole cost and expense, or, at Owner's option, by Tenant at Tenant's sole cost and expense, to the satisfaction of Owner. All the aforesaid repairs shall be of a quality or class equal to the original work or construction and shall be made in accordance with the provisions of Articles 3 and 49 hereof. If Tenant, within 20 days following written notice by Owner, fails to commence the performance of any repairs required to be made by Tenant hereunder or if Tenant thereafter fails to diligently prosecute the performance of such repairs to full completion, the same may be made by owner, and the floor expenses thereby incurred by Owner shall be collectible as Additional Charges. Tenant shall give Owner prompt notice f any defective condition in any mechanical, electric, sanitary, plumbing, utility or floors of other service system (or any part thereof) located in, servicing or passing through the Building on which the Premises are locateddemised premises and Owner shall thereafter repair such condition, in good ordersubject, repair and condition at all times during the Lease Termhowever, but such obligation shall not extend to the Building Structure further provisions of this lease. The water 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees wash closets and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but plumbing fixtures shall not be required toused for any purposes other than those for which they were designed or constructed, enter the Premises at all reasonable times to make such repairsand no sweepings, alterationsrubbish, improvements rags, acids or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord other substances 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectdeposited therein.
Appears in 2 contracts
Samples: Agreement (Reading Entertainment Inc), Agreement (Craig Corp)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and furnishings thereinequipment such as dishwashers, garbage disposals, and insta-hot dispensers), or elsewhere exclusively serving the Premises, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's ’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement ’s involvement, which percentage shall not exceed 15% of the cost, with such repairs and replacements forthwith upon being billed for same. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems and utility services serving the Premises from the Building connection point to the Premises (to the extent serving Tenant exclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas (to the extent not serving Tenant exclusively), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 2 contracts
Samples: Lease (Jounce Therapeutics, Inc.), Lease (Jounce Therapeutics, Inc.)
Repairs. Landlord shall shall, at Landlord’s expense, maintain in first-class condition and operating order and keep in good repair and condition the structural portions of the Building, 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure"systems) and the Base Building mechanicalLand, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems except to the extent caused due to of Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception")’s responsibility set forth in this Article. Tenant shall, at Tenant's own ’s expense, keep subject to the provisions of this lease, including Article 5, as if part of Tenant’s Work, maintain and repair the Premises (including any lavatories within the Premises) and all Building systems within and serving only the Premises, including all improvements, fixtures subject to reasonable wear and furnishings therein, tear and the floor or floors of the Building on damage for which Tenant is not responsible pursuant to this lease. If the Premises are located, in good order, repair and condition at all times during on street level with an entry from the Lease Term, but such obligation shall not extend to street directly into the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In additionPremises, Tenant shall, at Tenant's own expense’s expense (a) maintain and repair the sidewalks abutting the Premises and (b) keep those sidewalks free of rubbish, but under the supervision snow, ice and other obstructions, and otherwise in a safe and clean condition, subject to the prior approval of Landlordreasonable wear and tear and damage for which Tenant is not responsible pursuant to this lease. Subject to Section 13.4, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace Building (including the Building systems) or repair all damagedthe Land resulting from any act or omission of Tenant or Tenant’s employees or contractors, brokenshall be repaired, or worn fixtures and appurtenancesat Tenant’s expense, but such obligation shall not extend by Tenant to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control satisfaction of Tenant; provided however, thatLandlord or, at Landlord's ’s option, or if by Landlord. Tenant fails to make such repairs, Landlord may, after written shall give prompt notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage if any portion of the cost thereof (Premises or any Building system within the Premises requires repair. Tenant shall, at Tenant’s expense, cause vermin within the Premises to be uniformly established for the Building and/or the Project, and to be exterminated (as reasonably consistent with similar percentages paid for such services required by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. ). Landlord mayshall have no liability to Tenant, but there shall be no abatement of the Rent and there shall not be required to, enter deemed to be any actual or constructive eviction of Tenant arising from Landlord performing any repairs or other work to any portion of the Premises at all reasonable times to make such repairs, alterations, improvements or additions to Building (including the Premises or to the Project or to any equipment located in the Project as Building systems). Landlord shall desire perform such repairs or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed other work in a manner so as not which minimizes interference with the conduct of Tenant’s business in the Premises and damage to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect Tenant’s Work and Tenant’s Property (all of which shall promptly be repaired by Landlord, at its expense), but Landlord is not required to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, employ overtime labor or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectincur additional expenses.
Appears in 2 contracts
Samples: Office Lease, Office Lease
Repairs. Landlord shall maintain in first-class good condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane)structure, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's ’s and women's ’s washrooms, Building mechanical, 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"”) and the Project Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's ’s use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries 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 ’s own expense, keep the Premises, including all improvements, fixtures fixtures, equipment, interior window coverings, and furnishings therein, and the floor or floors of the Building on which the Premises are 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; provided that Landlord shall provide janitorial services to the Premises pursuant to Section 6.1.5 above. In addition, Tenant shall, at Tenant's ’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 (i) pursuant to the BS/BS Exception, and/or (ii) except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's ’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's ’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's ’s involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's ’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 ’s use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 2 contracts
Samples: Office Lease (Airgain Inc), Office Lease (Airgain Inc)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's ’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's ’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's ’s failure to commence repair within five (5) days thereafterthereafter and to diligently pursue the same to completion (except in the event of an emergency, when no notice shall be required) but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's ’s involvement with such repairs and replacements forthwith upon within thirty (30) days after being billed for same. Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floor of the Building on which the Premises is located, the systems and equipment of the Building, and the Common Areas, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs, but at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs to the Premises, or repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem reasonably necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 2 contracts
Samples: Office Lease (Jaguar Animal Health, Inc.), Office Lease (Jaguar Animal Health, Inc.)
Repairs. Landlord (a) Landlord’s obligation with respect to repair as part of Basic Services shall maintain in first-class condition and operating order and keep in good repair and condition be limited to (i) the structural portions of the Building, including (ii) the foundationexterior walls of the Building, floor/ceiling slabsincluding, roof structure (as opposed to roof membrane)without limitation, curtain wall, exterior glass and mullionsglazing, columns(iii) the roof, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure"iv) and the Base Building mechanical, electrical, plumbing and life safetysafety systems [except for any lavatory, plumbingshower, sprinkler toilet, wash basin and kitchen facilities in the Premises that serve Tenant exclusively and any supplemental heating and air conditioning systems serving Tenant exclusively (including all plumbing connected to said facilities or systems)], (v) the Building standard exhaust and HVAC ventilation systems which were not constructed by Tenant Parties in the lavatory facilities located in the Premises, and (collectively, the "Building Systems"vi) and the Common Areas. Notwithstanding anything in this Lease Landlord shall not be deemed to have breached any obligation with respect to the contrarycondition of any part of the Project unless Tenant has given to Landlord written notice of any required repair and Landlord has not made such repair within a reasonable time following the receipt by Landlord of such notice. The foregoing notwithstanding, Tenant (i) Landlord shall not be required to repair damage to any of the Building Structure and/or the Building Systems foregoing to the extent caused due to Tenant's use by the acts or omissions of the Premises for other than normal and customary business office operationsTenant or it agents, unless and to the extent such damage is covered by insurance carries employees 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 shallcontractors, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, Paragraph 8(e); 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 (i) pursuant to the BS/BS Exception, and/or (ii) the obligations of Landlord pertaining to damage or destruction by casualty shall be governed by the provisions of Paragraph 9. All costs incurred by Landlord in performing any such repair for damage caused the account of Tenant shall be repaid by ordinary wear and tear or beyond Tenant to Landlord upon demand, together with an administration fee equal to fifteen percent (15%) of such costs. EXCEPT AS EXPRESSLY PROVIDED IN PARAGRAPH 7(E) OF THIS LEASE, THERE SHALL BE NO ABATEMENT OF RENT AND NO LIABILITY OF LANDLORD BY REASON OF ANY INJURY TO OR INTERFERENCE WITH TENANT’S BUSINESS ARISING FROM THE MAKING OF ANY REPAIRS, ALTERATIONS OR IMPROVEMENTS IN OR TO ANY PORTION OF THE PREMISES, THE BUILDING OR THE PROJECT. Subject to Tenant’s rights under Paragraph 7(e) of this Lease, Tenant waives the reasonable control of Tenant; provided however, that, right to make repairs at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or ’s expense under any similar law, statute, statute or ordinance now or hereafter in effect.
Appears in 2 contracts
Samples: Office Lease (SecureWorks Holding Corp), Office Lease (SecureWorks Corp)
Repairs. Landlord (a) LESSEE'S REPAIRS. By entry hereunder, Lessee shall be deemed to have accepted the Premises, including without limitation the hearing and air conditioning system as being in good, sanitary order, condition and repair. Lessee shall, at Lessee's sole cost and expense, keep the Premises and every part thereof in good condition and repair (except as hereinafter provided with respect to Lessor's obligations) including without limitation, the maintenance, replacement and repair of any storefront, doors, window casements, glazing, hearing and air-conditioning system (when there is an air-conditioning system, Lessee shall obtain and maintain in first-class condition full force and operating order effect at all times during the term of this lease a service contract for repairs amid maintenance of said system, said maintenance contract shall conform to the requirements under the warranty, if any, on said system and keep shall be in a form approved and with a company designated by lessor, unless Lessor elects to obtain such a contract, in which event the cost of such contract shall be included as an Adjustment under Article 9 - upon request, Lessee shall deposit with Lessor reasonably satisfactory evidence that any such contract to be maintained by Lessee has been obtained by Lessee and then is in full force and effect, including without limitation, a copy of such contract), plumbing pipes, electrical wiring and conduits. Lessee shall, upon the expiration or sooner termination of this Lease hereof, surrender the Premises to the Lessor in good repair condition, broom clean, ordinary wear and tear and damage from causes beyond the reasonable control of Lessee excepted. Lessee shall also sweep and maintain in a neat and sightly condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease sidewalks adjacent to the contrary, Tenant shall be required Premises and any exterior trash enclosure provided for Lessee's use. Any damage to repair the Building Structure and/or the Building Systems to the extent adjacent premises caused due to Tenantby Lessee's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, repaired at the Premises; provided that, with respect to items (ii) sole cost and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premisesexpense of Lessee. Tenant Lessee hereby waives any right to make repairs at the expense of Lessor pursuant to Section 1942 of the Civil Code of the State of California and all rights under and benefits provided for by Section 1941 of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California said Civil Code or under any similar law, statute, or ordinance now or hereafter in effectCode.
Appears in 2 contracts
Samples: Crane Realty Services (Futon World Inc), Crane Realty Services (Futon World Inc)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 2 contracts
Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)
Repairs. Except as otherwise provided in Article VII, or except as resulting from Tenant's negligence, overloading or misuse, or by Tenant's failure to perform its obligations under the Lease, except as resulting from settling or sagging within standard engineering tolerance (provided that the settling or sagging does not affect the surface or structural integrity of the Building or in any way materially affect the ordinary and customary use of the Premises, or any part thereof by Tenant), or except for damage or deterioration resulting from reasonable wear and damage, Landlord shall maintain in first-class condition and operating order and keep in good repair order, condition and condition repair, the roof of the Building, all gutters and downspouts, foundations, exterior (including exterior painting and finish) and structural portions of the Building, including all building systems serving the Building, and all plumbing and utility lines serving the Premises, whether located within or outside of the Premises. The Landlord's obligations shall include, without limitation, the obligation to make all necessary repairs, replacements or alterations to the roof, the exterior walls, the foundation, floor/ceiling slabsthe floor slabs and all other structural elements of the Building, roof structure as well as caulking windows and precast panels and other portions of the Building exterior, to clean the exterior windows of the building to maintain the Building Parking Area and to maintain in good order and condition the other buildings and improvements located within the Park, including but not limited to the Common Areas of the Park. Landlord shall also maintain, repair and replace the rooftop HVAC equipment (as opposed specifically excluding all interior portions of the HVAC system including but not limited to roof membrane)VAV boxes, curtain wallduct work, exterior glass circulating pumps control systems, in the Building) in accordance with the requirements of the Landlord's Plans and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, menTenant's and women's washrooms, Building mechanical, electrical and telephone closetsPlans, and all common and public areas shall assign (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due assignable) all warranties and guarantees with respect thereto to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shallmay elect, at Tenant's own expense, keep the Premises, including all improvements, fixtures its cost and furnishings therein, expense and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to upon the prior approval consent 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 Landlord (which such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but consent shall not be required tounreasonably withheld or delayed), enter the Premises at all reasonable times to make such repairs, alterations, improvements bring actions to enforce remedies under said warranties or additions to the Premises or to the Project or to any equipment located guarantees in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 name of the California Civil Code Landlord or under any similar lawjointly with Landlord, statute, or ordinance now or hereafter in effect.at no expense to Landlord;
Appears in 2 contracts
Samples: And Attornment Agreement (Rsa Security Inc/De/), Attornment Agreement (Rsa Security Inc/De/)
Repairs. Landlord Lessor shall keep the foundations and structural supporting ------- members of the Premises in good order, condition and repair. Lessee agrees to keep clean, repair and maintain in first-class good order and condition and operating order and keep in good repair and condition the structural to replace whenever necessary all portions of the BuildingPremises not enumerated in paragraph 11 including but not limited to the nonstructural interior portions of the Premises, including the foundationshow windows and moldings, floor/ceiling slabsdoors, roof structure (as opposed to roof membrane)closures, curtain wallwindows, exterior glass plate and mullionswindow glass, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closetsthe floors, and all common to assume and public areas (collectivelypay for the general maintenance, "Building Structure") cleaning, repair and replacement where necessary of the plumbing, electric and sewage systems, facilities, and appliances which are located within the interior of the Premises, and the Base Building mechanicalentire heating and air conditioning system. Lessee shall, electricalat its expense in the spring and fall of each year, life safetyhave a preventative maintenance service call made by a reputable contractor acceptable to Lessor for the purpose of inspecting, plumbingcleaning, sprinkler systems maintaining and HVAC systems which were not constructed servicing the heating and air conditioning system. Lessee shall make available upon the request of Lessor a copy of the service report or paid invoice by Tenant Parties (collectivelyJune 1st and November 1st respectively. Lessor, at its option, may have said spring and fall service calls performed, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant cost of which shall be required paid by Lessee. Lessee will keep the inside and outside of all glass in the doors and windows of the Premises clean. Should Lessee fail to maintain and repair Premises as deemed necessary by Lessor, Lessor may make such repairs at Lessee's expense and Lessee shall promptly reimburse Lessor for the Building Structure and/or cost thereof. The Lessor or its legal representatives may, at all reasonable hours, enter upon said Premises for the Building Systems purpose of examining the condition thereof and making such repairs as Lessor deems necessary and to the extent caused due exhibit Premises to Tenantprospective purchasers or lessees. Lessor shall not interrupt or interfere with Lessee's use of the Premises for other than normal and customary business office operations, unless and to the extent in connection with such damage is covered by insurance carries inspections or required to repairs except as may be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but reasonably necessary 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectcircumstances.
Appears in 1 contract
Samples: 1 Lease (Allegiant Bancorp Inc)
Repairs. Landlord Owner shall maintain in first-class condition and operating order repair the exterior of and keep in good repair and condition the structural public 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception")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 fixtures and appurtenances therein and at Tenant's own expensesole cost and expense promptly make all repairs thereto and to the building, keep whether structural or non-structural in nature, caused by or resulting from the Premisescarelessness, omission, neglect or improper conduct of Tenant, Tenant's servants, employees, invitees, or licensees, and whether or not arising from such Tenant conduct or omission, when required by other provisions of this lease, including Article 6. Tenant shall also repair all improvementsdamage to the building and the demised premises caused by the moving of Tenant's fixtures, fixtures and furnishings thereinfurniture 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 proceed with due diligence to make repairs required to be made by Tenant, the same may be made by the Owner at the expense of Tenant, and the floor expenses thereof incurred by Owner shall be collectible, as additional rent, after rendition of a bill xx statement therefor. If the demised premises be or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In additionbecome 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 own expenseservants, but under the supervision and subject 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 prior approval Tenant for a diminution of Landlordrental value and no liability on the part of Owner by reason of inconvenience, and within any reasonable period of time specified by Landlordannoyance or injury to business arising from Owner, promptly and adequately repair all damage to the Premises and replace Tenant or repair all damaged, broken, others making or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails failing to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such any repairs, alterations, additions or improvements or additions to the Premises or to the Project in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment located in thereof. It is specifically agreed that Tenant shall not be entitled to any set off or reduction of rent by reason of any failure of Owner to comply with the Project as Landlord shall desire covenants of this or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation any other article of this lease. Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with agrees that Tenant's use of, or access to, the Premises; provided thatsole 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 items (ii) and (iii) above, Landlord the making of repairs shall use commercially reasonable efforts not apply in the case of fire or other casualty with regard to not materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectwhich Article 9 hereof shall apply.
Appears in 1 contract
Samples: Medsite Com Inc
Repairs. Landlord 4. Owner shall maintain in first-class condition and operating order repair the exterior of and keep in good repair and condition the structural public portions of the Buildingbuildings 5, Tenant shall, throughout the term of this lease, take good care of the demised premises including the foundation, floor/ceiling slabs, roof structure bathrooms and lavatory facilities (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure"if the demised premises encompass the entire floor of the building) and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems windows and HVAC systems which were not constructed by Tenant Parties (collectivelywindow frames and, the "Building Systems") fixtures and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to appurtenances therein and at Tenant's use of the Premises for other than normal sole cost and customary business office operations, unless expense promptly make all repairs thereto and to the extent building, whether structural or non-structural in nature, caused by or resulting from the carelessness, omission, neglect or improper conduct of Tenant, Tenant's servants, employees, invitees, or licensees, and whether or not arising from such Tenant conduct or omission, when required by other provisions of this lease, including Article 6. Tenant shall also repair all damage is covered to the building and the demised premises caused by insurance carries the moving of Tenant's fixtures, furniture or equipment. All the aforesaid repairs shall be of quality or class equal to the original work or construction. If Tenant fails, after ten days notice, to proceed with due diligence to make repairs required to be carried made by Landlord pursuant to Article 10 and to which Tenant, the waiver same may be made by the Owner at the expense of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor reasonable expenses thereof incurred by Owner shall be collectable, as additional rent, after rendition of a bill or floors of statement thereof. If the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In additiondemised premises be or become infexxxx with vermin, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Owner prompt noitce of any defective condition in any plumbing, heating system or electrical lines located in the demised premises and following such notice. Owner shall remedy the condition with due diligence, but at the expense of Tenant, if repairs are necessitated by damage or injury attributable to Tenant, Tenant's own expenseservants, but under the supervision and subject 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 prior approval Tenant for a diminution of Landlordrental value and no liability on the part of Owner by reason of inconvenience, and within any reasonable period of time specified by Landlordannoyance or injury to business arising from Owner, promptly and adequately repair all damage to the Premises and replace Tenant or repair all damaged, broken, others making or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails failing to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such any repairs, alterations, additions or improvements or additions to the Premises or to the Project in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation thereof. The provisions of Tenant hereunder, 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, this Article 4 with respect to items (ii) and (iii) above, Landlord the making of repairs shall use commercially reasonable efforts not apply in the case of fire or other casualty with regard to not materially interfere with Tenant's use of, or access to, the Premiseswhich Article 9 hereof shall apply. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.Window Cleaning:
Appears in 1 contract
Samples: Agreement of Lease (Access Integrated Technologies Inc)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures fixtures, equipment, window coverings, and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's ’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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's ’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's ’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's ’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 structural portions of the floors of the Building, and the systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon at least 24 hours prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, or (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 hereunderhereunder which Tenant fails to make after the applicable notice and 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 ’s use of, or access to, the Premises; provided that, with respect to items item (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's ’s use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (Selectica Inc)
Repairs. Landlord shall maintain in first-class condition the Common Areas and operating order and keep in good repair and condition the structural portions of the Buildingexterior walls, including the roof, foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass common HVAC and mullions, columns, beams, shafts other systems (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, but not limited to electrical, life safety, plumbing, sprinkler systems sprinkler, and HVAC systems which were not constructed by Tenant Parties (collectivelymechanical) of the building(s) in the Project, the "Building Systems") and the Common Areas. Notwithstanding anything cost thereof shall be included in this Lease Operating Charges subject to the contraryterms and conditions of Section 3.2; provided, however, that if any such repairs shall be occasioned by the negligence or willful misconduct of Tenant, its agents, employees, customers or invitees, or the particular nature of Tenant’s use of the Premises, Tenant shall be required responsible for the entire cost of such repairs. Except for the repairs Landlord is specifically obligated to make as set forth above or other terms of this Lease, Tenant shall, at its expense, during the Lease Term, make all other necessary repairs and replacements to the Premises, and keep and maintain the same in good condition and repair so that at the expiration of the Term, the Premises shall be surrendered to Landlord in 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 Structure and/or caused by the Building Systems to the extent caused due to installation or moving of Tenant's use of the Premises for other than normal ’s furniture, equipment and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception")personal property. Tenant shall, at Tenant's own its expense, keep 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, including all improvementsexcept for any damage caused by Landlord, fixtures and furnishings thereinits agents, and employees, or contractors. Tenant shall not defer any repairs or replacements to the floor or floors Premises by reason of the Building on which anticipation of the expiration of the Term. The surrender of the Premises are located, in good order, repair and condition at upon the expiration or early termination of this Lease shall not relieve Tenant of the obligation to pay for all times repairs or replacements to the Premises which Tenant was obligated to perform during the Lease Term, but such which obligation shall not extend to survive the Building Structure and the Building Systems except pursuant to the BS/BS Exceptionexpiration or early termination of this Lease. 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, ’s option after at least thirty (30) days’ written notice to Tenant and Tenant's failure (except no prior notice shall be required in the event of emergency), may elect to repair within five (5) days thereafterperform all or part of the maintenance, but need not, make such repairs and replacementsservicing which is the obligation of the Tenant hereunder with respect to the Premises, and Tenant shall pay Landlord the cost thereof, including a percentage of in which event the cost thereof (shall be at Landlord’s option either billed directly to be uniformly established for the Building and/or the Projectand paid by Tenant as additional rent or included in Operating Charges. Except as aforesaid, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse event that, at the request of Tenant, Landlord for all overheadperforms any maintenance, general conditions, fees and other costs repairs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter servicing of the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are is the obligation of Tenant hereunder, any such entry into the Premises by then Tenant shall pay 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectdirectly therefor.
Appears in 1 contract
Samples: Lease (Exact Sciences Corp)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures fixtures, equipment, interior window coverings, and furnishings therein, and the floor or floors of the Building on which the Premises are 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 ’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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's ’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's ’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 the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, reasonable fees and other reasonable costs or expenses paid to third parties arising from Landlord's ’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 structural portions of the floors of the Building, and the systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's ’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 ’s use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (Amplitude, Inc.)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception")38. Tenant shall, at Tenant's own expenseits sole cost, keep and maintain (including replacements if necessary) the Premises and every part thereof (excepting the exterior structural walls as to load bearing integrity, which Landlord will maintain, and the roof, including but not limited to flashings, rain leaders and downspouts, which Landlord will maintain subject to reimbursement from Tenant pursuant to Paragraph 7(b) hereof) and all appurtenances including glazing, vestibules, any store front (including bulkheads), and the interior of the Premises, including and all improvements, equipment and trade fixtures and furnishings therein, and the floor therein (regardless of whether installed or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified paid for by Landlord, promptly as part of Landlord’s Work or otherwise, and adequately repair all damage to further regardless of whether the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation same shall not extend to the Building Structure and the Building Systems except (i) constitute Landlord’s property pursuant to the BS/BS ExceptionParagraph 12 above), and/or (ii) for damage caused by ordinary wear including replacements of such equipment and tear or beyond the reasonable control of Tenant; provided howevertrade fixtures if necessary, thatin clean, at Landlord's optiongood and sanitary order, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant condition and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacementsrepair, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby expressly waives any and all rights it might otherwise have under the law to make repairs or replacements at the expense of Landlord. Tenant shall keep its sewers and benefits drains (and use the same only for designated purposes) open and clear and shall keep the sidewalks and Common Areas adjacent to the Premises clean and free of subsection 1 of Section 1932 all debris. Tenant agrees that it will paint, varnish, wallpaper, or otherwise redecorate or renovate the interior and Sections 1941 and 1942 storefront of the California Civil Code or under any similar lawPremises and Tenant’s trade fixtures when necessary to maintain the Premises in a first-class condition. By taking possession of the Premises, statuteTenant accepts them as being in good and sanitary order, condition and repair and agrees, on the last day of the Term, or ordinance now at any sooner termination of this Lease, to surrender the Premises to Landlord with such appurtenances in the same condition as at the Rent Commencement Date, but with reasonable use, wear and tear, or hereafter damage by fire, act of God or by the elements excepted; and Tenant also agrees to remove all of its signs and trade fixtures from the Premises, restoring any damage caused by such removal. During the Term of this Lease, Tenant shall keep in effectforce a preventative maintenance contract with a qualified mechanical contractor covering any heating and air conditioning equipment which serves the Premises exclusively and shall provide to Landlord, not later than thirty (30) days following the Rent Commencement Date, a copy of such contract. At the expiration or earlier termination of the Lease Term Landlord will cause an inspection of the heating and air conditioning equipment in the Premises by Tenant’s mechanical contractor, or if Tenant does not have a service contract in force, by a contractor of Landlord’s selection, and obtain a cost estimate to bring such equipment to good working order if defects are noted, and Tenant agrees to pay to Landlord on demand an amount equal to 75% of such total cost estimate, which share shall be deemed to be Tenant’s deferred repair obligation after excepting fair wear and tear. Landlord may, at its election, obtain directly the aforesaid preventative maintenance contract and include the cost thereof in Tenant’s share of Common Area Charges, except that the cost of any repairs made pursuant to said contract shall be reimbursed by Tenant to Landlord within thirty (30) days after Landlord’s written demand. Notwithstanding anything to the contrary contained in this Paragraph 38, Tenant shall not be responsible for the performance or cost of maintenance or repair necessitated by the gross negligence or willful misconduct of Landlord or its agents, employees or contractors.
Appears in 1 contract
Samples: Retail Lease (Circle Bancorp)
Repairs. Subject to Landlord’s repair obligations and utilities and services to be provided by Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything set forth in this Lease to the contraryLease, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the interior of the Premises, including all tenant improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's ’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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's ’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's ’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 structural portions of the floors of the Building, and the systems and equipment and all Common Areas of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall make such repairs at Tenant’s expense, and, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Repairs. Landlord 7.01 Tenant shall maintain in first-class condition and operating order and keep in take good repair and condition the structural portions care 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") demised premises and the Base Building mechanicalfixtures, electricalequipment and appurtenances therein and shall, life safetyat its sole cost and expense, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties make such repairs (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything except as provided in this Lease and except to the contraryextent such repairs are necessitated by Landlord's negligence) to the demised premises and the fixtures, equipment and appurtenances therein as are necessitated by the (i) act, omission, occupancy or negligence of Tenant or Tenant's employees, contractors, invitees, licensees or other occupants of the demised premises or (ii) use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Notwithstanding the foregoing, subject to the provisions of Section 9.08 hereof, Tenant shall be required responsible for all damage or injury to repair the Building Structure and/or the Building Systems Building, or to its fixtures, equipment and appurtenances, whether requiring structural or non-structural repairs, to the extent caused due to by or resulting from the act, omission, occupancy or negligence of Tenant or Tenant's use employees, contractors, invitees, licensees or other occupants of the Premises for other than normal and customary business office operationsdemised premises, unless and to the extent such damage is covered shall be repaired promptly by insurance carries Tenant (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"Landlord, if a structural repair). Tenant shall, at Tenant's own sole cost and expense. Except as otherwise provided in Section 9.05 hereof, keep all damage or injury to the Premisesdemised premises and to its fixtures, including all improvementsappurtenances and equipment or to the Building or to its fixtures, fixtures appurtenances and furnishings therein, and equipment to the floor extent caused by Tenant moving property into or floors out of the Building on 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 the Premises are locatedrepairs, restorations and replacements shall be in good order, repair quality and condition at all times during the Lease Term, but such obligation shall not extend class equal to the Building Structure and the Building Systems except pursuant to the BS/BS Exceptionoriginal work or installations. 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if If Tenant fails to make such repairs, restoration or replacements, the same may be made by Landlord may, after written notice to at the expense of Tenant and Tenant's failure to repair such expense shall be collectible as additional rent and shall be paid by Tenant within five fifteen (515) days thereafterafter rendition of a xxxx therefor. The exterior walls of the Building, but need notthe portions of any window xxxxx outside the windows, make such repairs the windows, the fire stairs, utility closets and replacementsany shafts passing through the floor on which the demised premises are located are not part of the premises demised by this Lease, and Tenant shall pay Landlord the cost thereof, including a percentage reserves all rights to such parts of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectBuilding.
Appears in 1 contract
Repairs. Landlord shall consistently maintain in first-class good condition and operating promptly repair the exterior of, structural portions and the public portions of the Building and all Building systems servicing the Premises throughout the Term. Tenant shall, throughout the Term, take good care of the Premises and the fixtures and appurtenances therein and at Tenant's sole cost and expense, make all nonstructural repairs thereto as and when needed to preserve them in good working order and keep condition, reasonable wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted (subject to the provisions of Subsection C of Article 9 below). Tenant shall pay Landlord for all replacements to the lamps, tubes, ballasts and starters in good repair the lighting fixtures installed in the Premises. Notwithstanding the foregoing but subject to the provisions of Subsection C of Article 9 below, all damage or injury to the Premises or, subject to Landlord's direction and condition the structural portions supervision, to any other part of the Building, including or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from the foundationneglect or improper conduct of, floor/ceiling slabsor Alterations made by, roof structure (as opposed to roof membrane)or any work, curtain walllabor, exterior glass and mullionsservice or equipment done for or supplied to, columnsTenant or any subtenant, beamsor the installation, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed use or operation of any property or equipment by Tenant Parties (collectivelyor any of Tenant's subtenants, the "Building Systems") agents, employees, invitees or licensees, shall be repaired promptly by Tenant, at its sole cost and the Common Areas. Notwithstanding anything in this Lease expense, to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use reasonable satisfaction of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception")Landlord. Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation also 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 Building and the Premises caused by the moving of Tenant's fixtures, furniture or equipment. All the aforesaid repairs shall be of quality and replace class equal to the original work or repair all damaged, brokenconstruction 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 worn fixtures and appurtenances, but such obligation shall not extend if Landlord elects to make any repairs in or to the Building Structure 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 Building Systems except (i) pursuant to reasonable, out-of-pocket expenses thereof incurred by Landlord shall be collectible by Landlord as Additional Rent promptly after rendition of a bill or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the BS/BS Exception, and/or (ii) Premises for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; which Landlord may be responsible hereunder. Except as expressly provided however, that, at Landlord's optionin Article 10 hereof, or if Tenant fails to make such repairselsewhere in this Lease, Landlord may, after written notice there shall be no allowance to Tenant for a diminution of rental value and Tenant's failure no liability on the part of Landlord by reason of inconvenience, annoyance or injury to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties business arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required toTenant or others making, enter the Premises at all reasonable times or failing to make such make, any repairs, alterations, additions or improvements or additions to the Premises or to the Project in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment located in thereof. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein. If at any time any windows of the Project as Landlord shall desire Premises are temporarily or deem necessary permanently closed, darkened or as Landlord may be required to do by governmental or quasibricked-governmental authority or court order or decree; providedup, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions if required by governmental law or quasi-governmental authorities or court order or decree, or (iii) repairs which are related to any construction upon property adjacent to the obligation of Tenant hereunder, any such entry into the Premises Real Property 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) aboveothers, Landlord shall use commercially reasonable efforts not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to not materially interfere with Tenant's use of, or access to, any compensation therefor nor abatement of rent nor shall the Premises. same release Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectfrom its obligations hereunder nor constitute an eviction.
Appears in 1 contract
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the structural portions (a) Upon commencement 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrarypossession hereunder, Tenant shall be required deemed to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of have accepted the Premises as being in good, sanitary order, condition, and repair in an "as-is" condition; provided, however, that, with respect to Expansion Space, Tenant shall not be liable for other than normal damage caused by a previous occupant of said Space and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to Space shall 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")delivered in broom clean condition. Tenant shall, at Tenant's own sole cost and expense, keep the PremisesPremises and every part thereof in good condition and (except as hereinafter provided with respect to Landlord's obligations) including, including all improvementswithout limitation, fixtures and furnishings thereinthe maintenance, replacement, and the floor or floors repair of the Building on which the Premises are locatedany storefront, in good orderdoors, repair window casements, glazing, interior plumbing, pipes, electrical wiring and condition at all times during the Lease Termconduits, but such obligation shall not extend to the Building Structure air-conditioning system, if any, and the Building Systems except pursuant to the BS/BS Exceptionheating system. In addition, Tenant shall, at Tenant's own expenseupon the expiration or sooner termination of this lease hereof, but under surrender the supervision and subject Premises to the prior approval of LandlordLandlord in good condition, and within any reasonable period of time specified by Landlordbroom clean, 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or and damage from causes beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails tenant excepted. Any damage to make such repairs, Landlord may, after written notice to Tenant and adjacent premises caused by Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage use of the Premises shall be repaired at the sole cost thereof (to be uniformly established for and expense of Tenant. If any of the Building and/or the Projectabove items shall fail as DB DG -------- ------ LANDLORD TENANT a result of defective workmanship or equipment, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in responsible for the repair of said items. Landlord shall obtain a manner so as not to materially interfere with service contract for the maintenance of the HVAC equipment servicing Tenant's use of, or access toPremises, the Premises; cost of said contract shall be paid by the Tenant as provided thatunder Paragraph 6, with respect to items (ii) and (iii) aboveAdditional Charges, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectLease.
Appears in 1 contract
Samples: Lease (Optiva Corp /Wa/)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, 10.01 Tenant shall be required to repair the Building Structure and/or the Building Systems responsible for making all routine, interior repairs, replacements of light bulbs and other minor items and for performing routine maintenance to the extent caused due to Tenant's use of the Premises for other than normal Premises. All repairs, replacements and customary business office operations, unless maintenance shall be in quality and class at least equal to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable original work. If after fifteen (such obligation to the extent applicable 15) days prior written notice to Tenant (or in case of an emergency, such lesser period as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but is reasonable 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 (icircumstance) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord mayreplacements or maintenance, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, make such repairs, replacements or maintenance for Tenant’s account and at Tenant’s expense. All such costs shall be paid by Tenant as additional rent in the manner set forth under Paragraph 4.03. Tenant shall treat with due care all portions of the Buildings and Premises. Landlord shall maintain and repair, commensurate with other class “B” office buildings in Bergen County, New Jersey, the Buildings systems, the structural portions of the Buildings (whether inside or outside of the Premises), the roof, the foundation, the common areas of the Buildings, and any item for which Tenant or another tenant in the Buildings is not responsible to repair; excluding, however, (a) repairs of Tenant’s Property or Improvements not occasioned by Landlord’s negligence and (b) repairs which Tenant is obligated to make pursuant to Section 10.01 and the other terms of this Lease. Nothing contained in this Section shall require Landlord to paint the Premises. No liability of Landlord to Tenant shall, however, accrue under this Section unless and until Tenant has given notice to Landlord of the specific repair required to be made, or of the failure properly to furnish any service. Landlord shall endeavor not to unreasonably interfere with Tenant’s use and occupancy of the Premises in making any repairs or performing any maintenance required pursuant to this Section, but Landlord shall not be obligated to use overtime labor. Landlord shall also perform all work necessary, at Landlord’s sole cost, to ensure that the enclosure of the Buildings for each floor of the Premises, including, without limitation, the roof and all windows, shall be weather tight and free of leaks. All damage to the Premises caused by leaks or infiltration shall be repaired by Landlord at Landlord’s sole cost and expense. Tenant shall permit Landlord and its agents to enter the Premises at all reasonable times to inspect the Premises with reasonable advance notice, to clean windows, perform cleaning services, maintain the Buildings, make such repairs, to post notices of non-liability for alterations, improvements additions, or additions repairs, without any abatement of rent to Tenant or damages for any loss of occupation or quiet enjoyment of the Premises provided that Landlord or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's its agents will 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 minimize interference with Tenant's use of, or access to, ’s business activities. Landlord and its agents may during the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 last nine (9) months of the California Civil Code or under any similar lawTerm, statuteenter the Premises at reasonable hours with reasonable advance notice, or ordinance now or hereafter in effectto exhibit the same to prospective tenants.
Appears in 1 contract
Samples: Office Lease Agreement (Butler International Inc /Md/)
Repairs. Landlord shall maintain in first-class condition shall, at Landlord's cost and operating order expense, make all structural and keep in good repair exterior repairs to the Suite and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and repairs to the Base Building mechanicalwater, electrical, life safetyheating, plumbingair-conditioning and plumbing equipment and facilities located in the Suite or Building and owned by Landlord, sprinkler systems and HVAC systems which were not constructed unless such repairs are required by Tenant Parties (collectivelyreason of willful conduct or the negligent acts or omissions of Tenant, its employees, contractors, customers or invitees, or the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to particular nature of Tenant's use of the Premises Suite, in which case the cost of such repairs shall be made at Tenant's cost and expense by Landlord's contractor. Tenant shall give Landlord written notice of the need for other than normal and customary business office operations, unless and to the extent any such damage is covered by insurance carries or required repairs to be carried made by Landlord, and Landlord pursuant shall be under no liability for damage or injury, however caused, in the event of its failure to Article 10 make such repairs unless it shall have received such notice from Tenant and failed to which make such repairs within a reasonable time after receipt of such notice. Except as above provided in this Section (10), Tenant shall at its cost and expense keep the waiver Suite in good condition and repair. Unclogging of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified plumbing system of the Suite shall be at Tenant'S sole cost and conditioned will hereinafter expense, and shall be defined as the "BS/BS Exception")done only by Landlord's contractor. Tenant shall, at Tenant's own its expense, keep the Premises, including perform all improvements, fixtures and furnishings therein, and the floor or floors decorating of the Building on which the Premises are locatedSuite. The plans and specifications for any repair work, in good order, repair and condition at all times during the Lease Term, but such obligation alterations or additions to be performed by Tenant 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 be 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after prior written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, approval and Tenant shall pay indemnify Landlord against all construction liens against the cost thereofSuite or Site for materials or labor purchased, including a percentage employed or hired in connections with the construction, repair, or alteration of the cost thereof (Suite, and shall cause any such liens which are filed to be uniformly established for immediately removed and discharged of record. Tenant shall perform all of the Building and/or the Projectforegoing work only with contractors, materialmen and to be reasonably consistent with similar percentages paid for such services laborers approved in advance by tenant in the Comparable Buildings) sufficient to reimburse Landlord. Approval by Landlord for all overhead, general conditions, fees of plans and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but specifications shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements constitute an assumption of responsibility for their accuracy or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access tosufficiency, 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, same being the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 sole responsibility of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectTenant.
Appears in 1 contract
Samples: Office Lease (Morgan Products LTD)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception")7.01. Tenant shall, at Tenant's own its sole cost and expense, be responsible for the maintenance and repair of the demised premises (including all bathrooms and other sanitary facilities located therein), and keep the Premisessame in good order and condition, including all improvementsnecessary painting and decorating, and make such repairs to the demised premises and the fixtures and furnishings thereinappurtenances therein as and when needed to preserve them in good working order and condition (except that as to structural repairs Landlord shall be obligated to make same unless they are necessitated by any act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, in which case, subject to Section 9.08, Tenant shall be so obligated). Tenant shall keep all glass in the demised premises, including windows (other than the cleaning of the exterior thereof which is to be performed by Landlord), doors and skylights, clean and in good condition and repair and Tenant shall replace any glass that may be damaged with glass of the floor same kind and quality. Notwithstanding the foregoing, Landlord shall be obligated to repair any broken exterior windows unless such repairs are necessitated by any act, omission, occupancy or floors negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, in which case Tenant shall be obligated to perform such repairs. All damage or injury to the Property caused by Tenant moving property in or out of the Building on 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 the Premises are locatedrepairs, restorations and replacements shall be in good order, repair quality and condition at all times during the Lease Term, but such obligation shall not extend class equal to the Building Structure and the Building Systems except pursuant original work or installations. Tenant shall promptly make all repairs in or to the BS/BS Exception. In additiondemised premises or the Property for which Tenant is responsible, Tenant shall, at Tenant's own expense, but under the supervision and subject provided that any repairs required to be made to the prior approval of Landlordmechanical, and within any reasonable period of time specified electrical, sanitary, heating, ventilating, air-conditioning or other Building systems shall be performed only 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if . If Tenant fails to make commence and diligently prosecute the completion of such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair restoration or replacements within five ten (510) days thereafterafter notice from Landlord that same are necessary, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements restoration or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord replacements may be required to do made by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are Landlord at the obligation expense of Tenant hereunder, any and such entry into the Premises by Landlord expense shall be performed in collectible as additional rent and shall be paid by Tenant within thirty (30) days after rendition of 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectxxxx therefor.
Appears in 1 contract
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures, furnishings and systems and equipment therein (including, without limitation, plumbing fixtures and furnishings thereinequipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, 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 ’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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's ’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's ’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 structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.. 621575.04/WLA X0000-000/00-0-00/xx/xx -00- XXXX XXXXXXX PLAZA [BrightSource Energy, Inc.]
Appears in 1 contract
Repairs. (a) Landlord shall maintain (i) keep the core and shell (as defined in first-class condition Section 12.5), the roof, exterior walls, foundation and operating order and keep in good repair and condition the structural portions frame 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, Area in good order, repair and condition (excluding, however, all repairs which Tenant is obligated to make or pay for pursuant to this Section 8.1 and all repairs which any other tenant of the Building is required to make pursuant to the terms of such tenant’s lease), consistent with comparable Class A office building standards, at all times during the Lease Term, but such obligation shall not extend to and (ii) keep in good order, condition and repair, consistent with comparable Class A office building standards, all outside windows of the Building Structure Demised Premises and the base Building Systems except pursuant electrical, plumbing, heating, ventilating and air conditioning systems servicing the Demised Premises (other than as set forth in Section 8.1(b) below). Landlord’s repair obligations hereunder shall include the “replacement” of items for which Landlord is responsible for repair hereunder, as opposed to repairs to such items, if such items have reached the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval end of Landlord, and within any reasonable period of time specified their useful life (as determined by Landlord, promptly in good faith), and adequately repair all damage to if the replacement (in lieu of repair) of such items would be the commercially reasonable course of action in accordance with comparable Class A office building standards. Tenant shall give Landlord prompt notice of any defective condition in any base Building plumbing, heating system or electrical lines located in, servicing or passing through the Demised Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but following such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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) abovenotice, Landlord shall use commercially reasonable efforts where practicable to not materially interfere initiate all repairs promptly and to remedy the condition with due diligence, subject to unavoidable delay, but at the expense of Tenant if repairs are necessitated by any default by Tenant hereunder or by any negligence or willful misconduct attributable to Tenant's use of, Tenant’s agents, employees, invitees or access tolicensees; provided, the Premises. however, that no liability of Landlord to Tenant hereby waives any shall accrue hereunder unless and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 until Tenant has given notice to Landlord of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectspecific repair to be made.
Appears in 1 contract
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building Buildings on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend normal wear and tear, damage to the Building Structure and the Building Systems except pursuant to the BS/BS ExceptionPremises which would be repaired under Article 11 hereof, excepted. In addition, subject to Landlord’s repair obligations as set forth in this Article 7 and Article 11, Tenant shall, at Tenant's ’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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's ’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's ’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building Buildings and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, reasonable fees and other costs or expenses paid to third parties arising from Landlord's ’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, roof and other structural elements of the Buildings, and the structural portions of the floors of the Buildings (collectively, the “Building Structure”), and the systems and equipment of the Buildings and Common Areas (collectively the “Building Systems”), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's ’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 ’s use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (Ixia)
Repairs. Landlord shall maintain in first-class condition be responsible for maintaining and operating order and keep in good repair and condition repairing the structural portions Common Areas of the Building, including all Building Systems, the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closetsof the Building, and all common structural aspects of the Building throughout the Term. No representations or warranties, except as contained herein or endorsed hereon, have been made to Tenant respecting the condition of the Premises. Tenant shall take good 09338.008 2450031v1 17 ActiveUS 172034323v.3 care of the Premises and public areas (collectively, "Building Structure") shall maintain the Premises and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed any equipment installed by Tenant Parties that exclusively serving the Premises (collectively, whether located in the "Building Systems") and Premises or the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal ) and customary business office operations, unless make all repairs and to the extent such damage is covered by insurance carries or replacements (not required to be carried made by Landlord pursuant Landlord) in order to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which preserve the Premises are located, in good order, repair working order 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 Exceptioncondition. In addition, Tenant shallshall reimburse Landlord, at Tenant's own expensewithin thirty (30) days of written demand, but under for the supervision cost of any and subject all repairs or replacements to the prior approval Common Areas or the structural aspects of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace necessitated or repair all damagedoccasioned by the acts, brokenomissions or negligence of Tenant or any person claiming through or under Tenant, or worn fixtures and appurtenancesany of their servants, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exceptionemployees, and/or (ii) for damage caused by ordinary wear and tear contractors, agents, visitors or beyond the reasonable control of Tenant; provided however, that, at Landlord's optionlicensees, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord by the cost thereof, including a percentage use or occupancy or manner of use or occupancy of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for Premises by Tenant or any such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. person. Landlord may, but shall not be required liable for, and there shall be no abatement of Rent with respect to, enter the Premises at all reasonable times any injury to make such or interference with Tenant’s business arising from any repairs, alterationsmaintenance, improvements alteration or additions improvement in or to any portion of the Premises Premises, the Common Areas or the Building or in or to the Project fixtures, appurtenances or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 Premisestherein. Tenant hereby waives any and all rights right to make repairs at Landlord’s expense under and benefits the provisions of subsection 1 of Section 1932 and Sections 1932(1), 1941 and 1942 of the California Civil Code (or under any similar law, statute, law or ordinance now or hereafter in effect), and instead, all improvements, repairs, and/or maintenance expenses incurred on the Premises shall be at the expense of Tenant, and shall be considered as part of the consideration for leasing the Premises except as otherwise expressly provided herein. All damages or injury done to the Premises by Tenant or by any person who may be in or upon the Premises with Tenant’s consent or at Tenant’s initiation, shall be paid for by Tenant, and Tenant shall, at the termination of this Lease, surrender the Premises to Landlord in as good condition and repair as when accepted by Tenant, reasonable wear and tear excepted.
Appears in 1 contract
Repairs. Landlord shall at all times during the Lease Term maintain in first-class good condition and operating order and keep in good repair and condition a manner reasonably commensurate with the maintenance standards of owners of First Class Buildings, the structural portions of the Building, including including, without limitation, the foundation, floor/ceiling floor slabs, roof structure (as opposed to roof membrane)ceilings, curtain wall, exterior glass and mullionsroof, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cabescalators, men's and women's washroomselevators, Building mechanical, electrical and telephone closets, base building restrooms and all common and public areas Common Areas (collectively, "the “Building Structure") ”), and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed installed or furnished by Tenant Parties Landlord (collectively, the "“Building Systems") and the Common Areas”). Notwithstanding anything Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent caused due to required because of Tenant's ’s use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception")Premises. Tenant shall, at Tenant's ’s own expense, pursuant to the terms of this Lease, including without limitation, Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition (ordinary wear and tear excepted) 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 ’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period pursuant to the terms of time specified by Landlordthis 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, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's ’s option, or if Tenant fails to commence to make such repairsrepairs within ten (10) business days following notice from Landlord, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage . Subject to the provisions of the cost thereof (to be uniformly established for the Building and/or the Projectfinal sentence of Section 6.4, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overheadabove, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times (upon no less than one (1) business day’s prior notice to Tenant, except in the event of an emergency, where no prior notice shall be required) to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (FIGS, Inc.)
Repairs. Section 9.01. (A) Tenant shall keep the interior and exterior of the Demised Premises in good condition and repair as they are at the Commencement Date, and shall redecorate, paint and renovate the Demised Premises as may be necessary to keep them in such condition and repair, reasonable wear and tear, casualty and condemnation excepted. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition be responsible for any necessary maintenance, repairs or replacement to all systems including but not limited to the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler and electrical systems and HVAC systems which were not constructed by Tenant Parties (collectively, located outside of the "Building Systems") Demised Premises and the Common Areas. Notwithstanding anything cost of same shall be included in this Lease CAM subject to Section 7.9, except that Landlord shall be solely responsible for repairs and replacement to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). HVAC system but Tenant shall, at Tenant's own all times to keep a maintenance and service contract in effect to provide for customary and periodic preventative maintenance of the HVAC system. Tenant shall keep the Demised Premises and all parts thereof in a clean and sanitary condition and free from trash, flammable material and other objectionable matter. Notwithstanding the foregoing, Landlord shall be responsible, at Landlord’s sole cost and expense, keep for any repairs or replacements to the roof and structure of the Demised Premises, including all improvements, fixtures and furnishings therein, and unless such repairs are necessitated by the floor acts or floors omissions of the Tenant. In the event that Landlord is required to make any repairs to the roof or structure of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control as a result of Tenant; provided however’s acts or omissions, that, at Landlord's option, or if then Landlord shall xxxx Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacementsfor the cost of the work performed, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overheadthe cost of such work within thirty (30) days after Landlord’s demand therefore. Additionally, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions prior to the Premises commencement of any work performed on, in or about the Demised Premises, Tenant shall deliver to Landlord sworn statements setting forth the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation names of Tenant hereunder, any all contractors and subcontractors who did work and final lien waivers from all 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) contractors and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectsubcontractors.
Appears in 1 contract
Samples: Lease (Micronetics Inc)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition (a) Tenant Repairs -------------- Tenant agrees that during the structural portions full term 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contraryor any renewal thereof, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shallit will, at Tenant's its own expense, keep the Premisesinterior of the Leased Premises in good condition and shall not let the Leased Premises and equipment, including all improvements, fixtures and furnishings thereinfall out of repair, and that it will maintain the floor or floors Leased Premises and equipment, and make repairs promptly as they become necessary. At commencement of this Lease, Landlord shall supply the Building on which Leased Premises with the Premises are locatedrequired lamps, in good orderbulbs, repair ballasts, and condition at all times during the Lease Termstarters, but such obligation replacements thereof shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, be at Tenant's own expense, but under the supervision and subject . Interior maintenance shall be deemed 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord mayinclude, but shall not be required limited to, enter repairs or replacements required for windows, doors, floors, interior walls, ceilings, painting and decorating, and repairs to heating, air conditioning, plumbing and electrical fixtures, and equipment. Tenant shall change the Premises at all reasonable times filters in the ventilation system on regular intervals. Notwithstanding, the provisions of this Subparagraph(16)(a), Tenant shall not be obliged to make such repairsrepairs as are necessitated by fire or other perils provided for by extended coverage clauses (whether or not caused by the active or passive negligence of the Tenant) for which damage or loss insurance is carried by the Landlord. Tenant accepts all equipment "as is". Tenant shall at all times after commencement of Tenant's business operations at the Demised Premises maintain, alterationsat Tenant's sole cost and expense, improvements or additions a service contract with a reputable heating, ventilating and air conditioning service and repair firm for the provision of such service and repairs to the Premises Demised Premises, which shall provide that such contract may not be canceled, materially changed or not renewed without at least thirty (30) days advance written notice to Landlord at the Project or to any equipment located address in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are manner set forth in Section 25 of the obligation Prime Lease. A copy of Tenant hereunder, any such entry into the Premises by Landlord contract shall be performed in a manner so as not to materially interfere with deposited promptly upon commencement of Tenant's use ofobligation to procure same, or access to, the Premises; provided that, and a copy of each replacement thereof shall be deposited with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with promptly upon Tenant's use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits execution of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectsame.
Appears in 1 contract
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and furnishings thereinequipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, 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 ’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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's ’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's ’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 structural portions of the floors of the Building, and the base building systems and equipment of the Building, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Repairs. (i) Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the structural public portions of the Buildingbuilding, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, both exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areasinterior. Notwithstanding anything else contained herein, Landlord shall have no obligation to pay a premium or overtime pay in this Lease to connection with the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use performance of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries any repairs or maintenance required to be carried performed 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")herein. Tenant shall, throughout the term of this Lease, take good care of the Premises and the fixtures and appurtenances therein and at Tenant's own sole cost and expense, keep make all non-structural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear, obsolescence and damage from the elements, fire and other casualty, excepted. The term "appurtenances" in this Article 8 shall include, without limitation, (i) all horizontal portions of the systems and facilities of the Building within or exclusively serving the Premises, including all improvementsincluding, without limitation, ductwork, VAV boxes and light fixtures and furnishings therein(ii) all Alterations made by or on behalf of Tenant or any person claiming through or under Tenant. Notwithstanding the foregoing, and all damage or injury to the floor Premises or floors to any other part of the Building on which the Premises are locatedbuilding, in good orderor to its fixtures, repair equipment and condition 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 all times during the Lease Termits sole cost and expense, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exceptionsatisfaction of Landlord reasonably exercised. 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 shall also repair all damage to the building and the Premises caused by the moving of Tenant's fixtures, furniture or equipment. All the aforesaid repairs shall be of quality or class equal to the original work or construction. If Tenant fails after ten days' notice to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by Landlord at the expense of Tenant and the expenses thereof incurred by Landlord shall be collectible as additional rent after rendition of xxxx or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in any plumbing, heating system or electrical lines located in, servicing or passing through the Premises and replace or following such notice, unless the repair all damaged, broken, or worn fixtures and appurtenances, but such obligation thereof shall not extend to be the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control obligations of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairshereunder, Landlord mayshall remedy the condition with due diligence but at the expense of Tenant if repairs are necessitated by damage or injury attributable to Tenant, after written notice Tenant's servants, agents, employees, invitees or licensees as aforesaid. Except as specifically provided in Article 13 or elsewhere in this Lease, there shall be no allowance to Tenant for a diminution of rental value and Tenant's failure no liability on the part of Landlord by reason of inconvenience, annoyance or injury to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties business arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times Tenant or others making or failing to make such any repairs, alterations, additions or improvements in or additions to any portion of the building or the Premises or in and to the Project fixtures, appurtenances or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation thereof. The provisions of Tenant hereunder, 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, this Article 8 with respect to items (ii) and (iii) above, Landlord the making of repairs shall use commercially reasonable efforts to not materially interfere apply in the case of fire or other casualty which are dealt with Tenant's use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectArticle 13 hereof.
Appears in 1 contract
Repairs. If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall maintain in first-class condition promptly and operating order diligently, subject to reasonable delays for insurance adjustment, and keep in good repair subject to all other terms of this Article, restore the Premises, the Common Areas and condition the structural portions of the Building, including Project serving the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass Premises and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required assign 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 Landlord all insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable proceeds payable to Tenant as qualified to the Tenant Improvements and conditioned will hereinafter any Alterations to be defined as used solely for restoring such Tenant Improvements and Alterations (and not the "BS/BS Exception"Buildings or Project in general). Tenant shall, at Tenant's own expense, keep ; provided that if the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors cost of the Building on which restoration of the Premises are locatedTenant Improvements and any Alterations by Landlord exceeds the amount of Tenant’s insurance proceeds therefor, in good orderas assigned by Tenant to Landlord, repair and condition at all times during such excess shall be paid by Tenant (“Tenant’s Contribution”) to Landlord prior to Landlord’s restoration thereof. Notwithstanding the Lease Termforegoing, but Tenant may elect to modify or otherwise reduce the scope of such obligation shall not extend Tenant Improvements or Alterations so as to minimize any Tenant’s Contribution. Subject to the Building Structure and foregoing, such restoration shall be to substantially the Building Systems except pursuant same condition of such items as prior to the BS/BS Exception. In additioncasualty, Tenant shall, at Tenant's own expense, but under the supervision and subject except for modifications (a) required by Law; or (b) to the prior approval of Common Areas reasonably deemed desirable by Landlord, and within any reasonable period which are consistent with the character of time specified by Landlord, promptly and adequately repair all damage the Project. No such modifications shall materially impair use of or access 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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, Common Areas serving the Premises. Tenant hereby waives shall be responsible, at its sole cost and expense, for the repair, restoration, and replacement of Tenant’s Property. Landlord shall not be liable for any and all rights under and benefits loss of subsection 1 business, inconvenience, or annoyance arising from any casualty or any repair or restoration of Section 1932 and Sections 1941 and 1942 any portion of the California Civil Code Premises or under the Project as a result of any similar law, statute, or ordinance now or hereafter in effectdamage from any casualty. All work by Tenant shall be subject to the terms and conditions of Article 11.
Appears in 1 contract
Repairs. If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall maintain in first-class condition promptly and operating order diligently, subject to reasonable delays for insurance adjustment, and keep in good repair subject to all other terms of this Article, restore the base, shell, and condition core of the structural Premises, the Common Areas and the portions of the Project serving the Premises. 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, including or the foundation, floor/ceiling slabs, roof structure (as opposed lessor of a ground or underlying lease with respect to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure"the Property; or c) and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and to the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered Areas reasonably deemed desirable by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period which are consistent with the character of time specified by Landlord, promptly and adequately repair all damage the Project. No such modifications shall materially impair access 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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, Common Areas serving the Premises. Tenant hereby waives shall be responsible, at its sole cost and expense, for the repair, restoration, and replacement of any leasehold improvements installed by Tenant (unless Landlord has elected to insure the same, in which case such repair shall be Landlord’s responsibility to the extent Landlord receives proceeds from such insurance for such repair) and all rights under and benefits Tenant’s Property. Landlord shall not be liable for any loss of subsection 1 business, inconvenience, or annoyance arising from any casualty or any repair or restoration of Section 1932 and Sections 1941 and 1942 any portion of the California Civil Code or under any similar lawPremises, statutethe Building, or ordinance now or hereafter the Project as a result of any damage from any casualty. Following Landlord’s repair of the Premises, Tenant shall repair and restore any improvements installed by Tenant to substantially the same condition as prior to the casualty, except for modifications required by Law. All work by Tenant shall be subject to the conditions set forth in effectthis Lease governing alterations and additions.
Appears in 1 contract
Samples: Universal Power Group Inc.
Repairs. Landlord shall maintain in first-class condition be responsible for repairs to the exterior walls, foundation and operating order and keep in good repair and condition roof of the Building, the structural portions of the floors 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler base building systems and HVAC systems which were equipment of the Building not constructed by Tenant Parties (collectivelylocated in or exclusively serving the Premises, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease except to the contraryextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be required obligated to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception")pay any deductible in connection therewith. Tenant shall, at Tenant's own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, 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, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (not to be uniformly established for exceed five percent (5%) of the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildingscosts incurred) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times times, upon reasonable prior notice, except in the case of an emergency, in which case no notice shall be required, to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, provided that in connection with 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) aboverepairs, Landlord shall use commercially reasonable efforts to not materially interfere minimize interference with Tenant's use of, or and access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (Schuler Homes Inc)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the structural public portions of the Building, including both exterior and interior, structural and non-structural, including, without limitation, all Building systems which serve multiple tenants in good working order. Tenant shall, throughout the foundationTerm, floor/ceiling slabstake good care of the Premises and the fixtures and appurtenances therein and at Tenant’s sole cost and expense, roof structure make all nonstructural repairs thereto as and when needed to preserve them in good working order and condition, reasonable wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted. If Landlord is requested by Tenant to replace any lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises, 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 its sole cost and expense, to 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 equipment. 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 (as opposed 10) days notice to roof membrane)proceed with due diligence to make repairs required to be made by Tenant hereunder, curtain wallor if Landlord elects to make any repairs in or to the Building or the facilities and systems thereof for which Tenant is responsible, exterior glass and mullionsthe same may be made by Landlord, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closetsat the expense of Tenant, and all common and public areas the expenses thereof incurred by Landlord shall be collectible by Landlord as additional rent within thirty (collectively, "Building Structure"30) and days after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice after discovery of any defective condition in the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems Premises for which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common AreasLandlord may be responsible hereunder. Notwithstanding anything Except as expressly provided in this Lease to the contrary, Tenant there shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable no allowance to Tenant as qualified for a diminution of rental value and conditioned will hereinafter be defined as no liability on the "BS/BS Exception"). Tenant shallpart of Landlord by reason of inconvenience, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor annoyance or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend injury 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties business arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required toTenant or others making, enter the Premises at all reasonable times or failing to make such make, any repairs, alterations, additions or improvements or additions to the Premises or to the Project in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment located in thereof. If the Project 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 satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as Landlord shall desire 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 deem necessary 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 dosed, darkened or bricked-up for any reason whatsoever including, but not limited to, Landlord’s own acts as Landlord may be required to do be performed by governmental law, or quasiany of such windows are permanently closed, darkened or bricked-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions up if required by governmental law or quasi-governmental authorities or court order or decree, or (iii) repairs which are related to any construction upon property adjacent to the obligation of Tenant hereunder, any such entry into the Premises Real Property 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) aboveothers, Landlord shall use commercially reasonable efforts not be liable for any damage Tenant may sustain thereby and Tenant shall not be entitled to not materially interfere with Tenant's use of, or access to, any compensation therefor nor abatement of Rent nor shall the Premises. same release Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectfrom its obligations hereunder nor constitute an eviction.
Appears in 1 contract
Repairs. Landlord shall maintain in first-class condition and operating order repair the exterior of and keep in good repair and condition the structural public 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common Building systems servicing the Demised Premises and public areas (collectively, "shall make all structural repairs to the Building Structure") and the Base Building mechanicalDemised Premises except when necessitated by the negligence of Tenant, electricalits agents employees, life safetycontractors, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries invitees 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")licensees. Tenant shall, throughout the term of this lease, take good care of the Demised Premises including the interior windows and interior window frames (and shall repair exterior windows or frames solely to the extent that damage is caused by the negligence of Tenant or any party claiming through or under Tenant) and, the fixtures and appurtenances therein and at Tenant's own expensesole cost and expense promptly make all repairs thereto and to the Building except for reasonable wear and tear and damage for which Tenant is not responsible pursuant to this Lease, keep whether structural or non-structural in nature, only if the Premisesdamage was caused by or resulting from the carelessness, including omission, neglect or improper conduct of Tenant, Tenant's servants, employees, invitees, or licensees. Tenant shall also repair all improvementsdamage to the Building and the Demised Premises caused by the moving of Tenant's fixtures, fixtures and furnishings thereinfurniture or equipment. All the aforesaid repairs shall be of quality or class equal to the original work or construction. If Tenant fails, after ten (10) days notice, to proceed with due diligence to make repairs required to be made by Tenant, the same may be made by the Landlord at the expense of Tenant, and the floor expenses thereof incurred by Landlord shall be collectible, as additional rent, after rendition of a xxxx or floors of statement therefor. If the Building on which the Demised Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In additionbe or become infested with vermin, Tenant shall, at its expense, cause the same to be exterminated. Tenant shall give Landlord prompt notice of any defective condition in any plumbing heating system or electrical lines located in the Demised Premises and following such notice, Landlord shall remedy the condition with due diligence but at the expense of Tenant, if repairs are necessitated by damage or injury attributable to Tenant, Tenant's own expenseservants, but under agents, employees, invitees or licensees as aforesaid. Landlord shall use best efforts to ensure that no plumbing facilities will be constructed directly above the supervision switch area of the Demised Premises on the 20th Floor of the Building for the duration of the term of this Lease and subject any renewals thereof. Except as provided in Article 27 there shall be no allowance to the prior approval Tenant for a diminution of Landlord, rental value and within any reasonable period no liability on the part of time specified Landlord by Landlord, promptly and adequately repair all damage reason of inconvenience annoyance or injury 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties business arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times Tenant or others making or failing to make such any repairs, alterations, additions or improvements or additions to the Premises or to the Project in or to any portion of the Building or the Demised Premises or in and to the fixtures, appurtenances or equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation thereof. The provisions of Tenant hereunder, 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, this Article 4 with respect to items (ii) and (iii) above, Landlord the making of repairs shall use commercially reasonable efforts not apply in the case of fire or other casualty with regard to not materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectwhich Article 9 shall apply.
Appears in 1 contract
Repairs. Tenant shall give to Landlord shall maintain prompt notice of any damage to, or defective condition in first-class condition and operating order and keep in good repair and condition the structural portions any Part of or appurtenance to 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanicalplumbing, electrical, life safetyheating, plumbingair-conditioning or other systems serving, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectivelylocated in, or passing through the "Building Systems") and the Common AreasPremises. Notwithstanding anything in this Lease Subject to the contraryprovisions of Article 11, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures everything therein (except the heating and furnishings therein, and the floor or floors of the Building on which the Premises are locatedair-conditioning systems), in good order, condition and repair and condition at all times during the Lease Termterm. Landlord shall, but such obligation shall not extend to as part of the Operating Costs set forth in Article 6, maintain the heating and air-conditioning systems throughout the Building Structure (including the Premises) and the outside walls, outside windows, roof and foundation of the Building Systems except pursuant containing the Premises in good order and repair. Repairs made by Landlord required due to the BS/BS Exceptionnegligence or fault of Tenant, its contractors, agents or employees shall be made at Tenant's expense, plus nineteen percent (19%) administrative charge. In additionEXCEPTING 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, Tenant shallABOVE, 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 own expense, but under the supervision shall comply with all laws or ordinances, and subject all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the prior approval Premises or to Tenant's use thereof, except that Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of Landlordor in connection with the Premises, unless such alteration is required by reason of a condition which has been created by, or at the instance of, Tenant, or is required by reason of a breach of any of Tenant's covenants and within any reasonable period of time specified agreements hereunder. All repairs made by Tenant shall be made using contractors approved by Landlord, promptly which approval shall not be unreasonably withheld. If Tenant fails or neglects to comply with any laws or ordinances, rules and adequately repair all damage to regulations of any governmental authority or insurance body as herein required of Tenant, then Landlord or its agents may enter the Premises and replace make said repairs and comply with any laws or repair all damaged, brokenordinances, or worn fixtures the rules and appurtenancesregulations of any governmental authority or insurance body at the cost and expense of the Tenant, but such obligation shall not extend to the Building Structure plus a 19% administrative charge, and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if in case Tenant fails to make such repairs, Landlord may, after written pay therefor upon notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make the said cost and expenses shall be added to the next month's installment of fixed monthly minimum rent and be due and payable as such repairs and replacements, and Tenant shall pay or Landlord may deduct the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant same from any balance remaining in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for samehands. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions This provision is in addition to the Premises or right of Landlord to terminate this Lease by reason of default on the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation part of Tenant hereunder, 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Lease Agreement (Appliedtheory Corp)
Repairs. If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall maintain in first-class condition promptly and operating order diligently, subject to reasonable delays for insurance adjustment, and keep in good repair subject to all other terms of this Article, restore the Premises, the Common Areas and condition the structural portions of the Building, including Project serving the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass Premises and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required assign 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 Landlord all insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable proceeds payable to Tenant as qualified and conditioned will hereinafter be defined as to any Alterations; provided that if the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors cost of the Building on which restoration of any Alterations by Landlord exceeds the Premises are locatedamount of Tenant’s insurance proceeds therefor, in good orderas assigned by Tenant to Landlord, repair and such excess shall be paid by Tenant to Landlord prior to Landlord’s restoration thereof. Such restoration shall be to substantially the same condition at all times during the Lease Term, but of such obligation shall not extend items as prior to the Building Structure and casualty, except for modifications (a) required by Law; (b) required by the Building Systems except pursuant holder of a mortgage on the Building, or the lessor of a ground or underlying lease with respect to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject Property; or (c) to the prior approval of Common Areas reasonably deemed desirable by Landlord, and within any reasonable period which are consistent with the character of time specified by Landlord, promptly and adequately repair all damage the Project. No such modifications shall materially impair access 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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, Common Areas serving the Premises. Tenant hereby waives shall be responsible, at its sole cost and expense, for the repair, restoration, and replacement of Tenant’s Property. Landlord shall not be liable for any and all rights under and benefits loss of subsection 1 business, inconvenience, or annoyance arising from any casualty or any repair or restoration of Section 1932 and Sections 1941 and 1942 any portion of the California Civil Code or under any similar lawPremises, statutethe Building, or ordinance now or hereafter in effectthe Project as a result of any damage from any casualty. All work by Tenant shall be subject to the terms and conditions of Article 11.
Appears in 1 contract
Samples: Office Lease (HF Enterprises Inc.)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition maintain the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, basic plumbing, sprinkler heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord and HVAC systems which were not constructed located within the Premises, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Tenant Parties (collectivelyor the "Tenant Parties," as that term is defined in SECTION 10.1, below, in which event Tenant shall pay to Landlord, as Additional Rent, the "Building Systems") reasonable cost of such maintenance and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception")repairs. Tenant shall, at Tenant's own expense, pursuant to the terms of this Lease, including without limitation ARTICLE 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, expense but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation ARTICLE 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable BuildingsBuilding) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or and additions to the Premises or to the Project Building or to any equipment located in the Project Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights releases its right to make repairs at Landlord's expense under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Magnetek Inc
Repairs. Landlord (a) Prior to the execution of this lease Lessee shall maintain have identified each item of defect within the premises which Lessor agrees, by Lessor’s endorsement thereon, to repair or replace. Said items of repair or replacement are listed in first-class condition Schedule A, entitled “Schedule of Repairs Prior to Lessee’s Possession”, attached hereto and operating order incorporated herein by reference. Upon the execution of this lease, Lessor shall perform all items of repair or replacement listed in Schedule A before Lessee takes possession, or occupies, the premises, whether actually or constructively. As used herein, and keep elsewhere in good repair and condition this lease, “the structural portions of premises” shall include the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed real property subject to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closetsthis lease, and all common fixtures, equipment, furnishings and public areas furniture subject to this lease, including those listed in said Schedule A. Lessee’s occupancy, or taking possession of the premises, shall be deemed, conclusively, Lessee’s full satisfaction of Lessor’s performance of the repair or replacement work set forth in said Schedule A, and shall further constitute the complete waiver by Lessee of whatever items of said work that remain unperformed, if any. By and upon Lessee’s occupancy or taking possession of the premises, Lessee covenants and agrees, and Lessor relies thereon, that (collectivelya) Lessee has independently examined and knows the physical condition of the premises, "Building Structure"and every part thereof, and has received the same in good order and repair; (b) the premises, and every part thereof, are, and shall be deemed and presumed conclusively to be, free of defects of any and whatever kind; (c) all defects or disrepair of the Base Building mechanicalpremises, electricalor any part thereof, life safetydiscovered during Lessee’s occupancy or possession of the premises shall be deemed and presumed conclusively to have occurred after Lessee took occupancy or possession of the premises and during such occupancy or possession, plumbingfor which Lessee is solely responsible; (d) Lessee is absolutely estopped from claiming or asserting, sprinkler systems and HVAC systems which at any time after Lessee’s occupancy or possession of the premises, that the premises, or any part thereof, were defective or were not constructed in good order or repair at the execution of this lease; and (e) no statements or representations as to the physical condition of the premises, or the condition of repair of the premises, have been made by Tenant Parties (collectivelyor on behalf of Lessor prior to, or contemporaneously with, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use execution of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectlease.
Appears in 1 contract
Repairs. 13A. Landlord shall at its own cost and expense throughout the term of this Lease, take good care of, and maintain in first-class condition and operating good working order and keep condition, the Demised Premises and the common areas of the Building affecting the Demised Premises and the fixtures and appurtenances therein (excluding Tenant’s Property [as defined in good repair Clause No. 16E below]), including, without limitation, the windows of the Building and condition the structural vertical and horizontal 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanicalSystems, electricalexcept that Landlord shall have no responsibility to make any repairs required as a result of (i) the acts of any agents, life safetylicensees, plumbingcontractors, sprinkler systems and HVAC systems or any person claiming by, through or under Tenant or (ii) the acts of the Tenant or its employees; all of which were not constructed by Tenant Parties repairs to the demised Premises of the Building (collectivelywhether ordinary or extraordinary, structural or no-structural or foreseen or unforeseen) shall be the "Building Systems") and responsibility of the Common AreasTenant, which responsibility shall survive the expiration or earlier termination of this Lease. Notwithstanding anything in this Lease the foregoing, Landlord shall have no responsibility to repaint any walls or replace any wall coverings or to replace or repair any carpeting, floor tiles or other floor coverings to the contraryextent that the need for any such repainting, replacement of results from “ordinary wear and tear” form Tenant’s use of the Demised Premises. Subject to the last paragraph of this Clause No. 13A, Tenant shall be required to repair the Building Structure and/or the Building Systems promptly make at Tenant’s expense, all repairs in and to the extent caused due to Tenant's Demised Premises for which Tenant is responsible in a manner which will not interfere with the use of the Building by other occupants, and using only the contractor for the trade or trades in question, selected from a list of at least three (3) contractors per trade submitted by Landlord, except with respect to the life-safety system of the Building where only (1) alternative may be listed for such purpose, provided, however, any repairs in or to the Building and/or the systems and equipment thereof for which Tenant is responsible shall be performed by Landlord at Tenant’s expense. Landlord shall repair and maintain, at Tenant’s cost and expense, the horizontal portions of the HVAC and plumbing systems if such repair is due to the negligence or mistreatment by Tenant or its employees, agents, contractors, licensees, or invitees, or if such repair is required as a result of any Tenant’s Changes or changes in the layout of the Demised Premises for other than normal and customary business office operationsor changes in Tenant’s manner of use of the Demised Premises, unless and to the extent that such damage repair or maintenance is covered not caused by insurance carries or required to any of the foregoing items, the cost of such maintenance and repair shall be carried borne by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation included in Operating Expenses. Notwithstanding anything to the extent applicable contrary contained herein, Landlord shall not include in Operating Expenses any costs for maintaining and repairing for other tenants of the Building (i) horizontal portions of the Base Building Systems (including, without limitation, HVAC, plumbing and electric) and (ii) all non-structural items in the premises demised to such other tenants including, without limitation, tenant improvements, such as executive toilets, partitions and door locks (items(i) and (ii) being hereinafter collectively referred to as “Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"Improvement Repairs”). Subject to the provisions hereof, Landlord shall perform Tenant shall, at Tenant's own expense, keep Improvement Repairs in the Demised Premises and the cost thereof shall be included in Operating expenses in the manner set forth in the next to last paragraph of this Clause NO. 13A Tenant agrees to give prompt notice to Landlord of any defective condition in the Demised Premises, including all improvementsthe plumbing, fixtures and furnishings thereinheating, air –conditioning or ventilation system or electrical lines located in, servicing or passing through the Demised Premises, and the floor except as otherwise expressly provided in this Lease, there shall no allowance to Tenant for diminution of rental value, and Tenant’s obligations hereunder shall not be reduced or floors abated in any manner whatsoever and Landlord shall have no liability to Tenant, by reason of any inconvenience, annoyance or injury to additions or improvements in or to any portion of the Building on which or the Premises are locatedDemised Premises, or 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 fixtures, appurtenances or equipment thereof, which Landlord is required or permitted this Lease or required by law, to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject make in or to the prior approval of Landlordsame, 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required utilize its good faith efforts to do by governmental or quasi-governmental authority or court order or decreeminimize interference with Tenant’s business; provided, however, except for that Landlord shall not be obligated to perform such work on an overtime premium-pay basis. When used in this Lease, the term “repair” shall be deemed to include such restoration and replacement as may be necessary to achieve and/or maintain good working order and condition. The cost of Tenant Improvement Repairs performed by Landlord in the Demised Premises shall be “grossed up” to 100% as if such Tenant Improvement Repairs were provided to all tenants in the Building, including Tenant, at Landlord’s cost. The adjustment of Operating Expenses to be performed pursuant to the terms of the immediately preceding sentence shall be performed (i) emergencies, as if such other tenants of the Building had the same installations and frequency of repair and maintenance as Tenant and (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, only with respect to items (ii) and (iii) abovecalendar years during which Landlord incurs actual costs for such repairs or maintenance performed in the Demised Premises. Thus, for example, if Landlord shall use commercially reasonable efforts incurred $100 in a calendar year for repairs to not materially interfere with an executive rest room of Tenant's use of, or access to, the Premisesamount to be included in Operating Expenses for such calendar year for executive rest room repair would be $226 (i.e., $100 divided by Tenant’s Proportionate Share of 44.24%); provided, however that if Landlord incurred $600 in the same calendar year for repairs to an executive rest room of a tenant other than Tenant, the amount to be included in the Operating Expenses for such calendar year or years for executive rest room repair would be $0, even if Landlord incurred costs to repair executive rest room of other tenants. To the extent, if any, that the cost of Tenant hereby waives any and all rights Improvement Repairs performed by Landlord in the Demised Premises would be required to be capitalized under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar lawgenerally accepted accounting principles, statuteconsistently applied, or ordinance now or hereafter such costs shall be included in effect.Operating Expenses as follows:
Appears in 1 contract
Samples: Agreement of Lease (Wells Real Estate Investment Trust Inc)
Repairs. The Tenant shall take good care of the Demised Premises and shall make all necessary non-structural repairs to the interior thereof except for repairs of damage resulting from causes outside of the Demised Premises, e.g. leaks or overflows in neighboring space. Landlord shall maintain, repair or replace all HVAC, plumbing and electrical fixtures and circuitry (other than fixtures installed by the Tenant) and shall promptly repair all roof leaks. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the structural portions common areas of the Buildingbuilding including hallways, including the foundationentry, floor/ceiling slabsvestibule, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings thereinbathrooms, and the floor or floors exterior of the Building on which building including the parking lot and landscaping at the Landlord's expense. Upon the expiration or at the termination of this lease, the Tenant shall surrender the Demised Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and Landlord in as good condition as at the Building Systems except pursuant to commencement of the BS/BS Exception. In additionterm, 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear excepted. Tenant is prohibited from making any structural improvements, alterations or beyond additions to the reasonable control Demised Premises without first obtaining the written approval therefore from the Landlord, and all such improvements, alterations or additions made by the Tenant shall be the property of Tenant; provided however, thatthe Landlord, at no expense to the Landlord's , and shall remain upon and be surrendered with the Demised Premises, as part thereof, at the expiration or termination of this lease. In the event that any mechanics' lien is filed against the Demised Premises as a result of any repairs, improvements, alterations or additions made by the Tenant, the Landlord, at its option, or if Tenant fails to make such repairs, Landlord may, after ten (10) days written notice to Tenant and the Tenant's failure to repair within five (5) days thereafter, but need notmay terminate this lease and/or may pay the said lien, make such repairs and replacementswithout inquiring into the validity thereof, and the Tenant shall pay forthwith reimburse the total expense incurred by the Landlord in discharging the cost thereof, including a percentage said lien as additional rent hereunder on the first day of the cost thereof (next month following such payment by Xxxxxxxx. Landlord shall have the right to be uniformly established install and maintain in the Demised Premises all utility lines and electric wiring and all other appliances necessary for the Building and/or operation of the Projectbalance of the building of which the Demised Premises form a part, and shall have access to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Demised Premises at all reasonable times after prior reasonable notice to make Tenant, and in cases of emergency at any time without prior notice, for the purpose of examining same or of making such repairs or changes as the Landlord may deem necessary. No claim shall be made by, or compensation paid to the Tenant by the Landlord by reason of inconvenience, annoyance, loss or damage arising from the necessity of making such repairs, alterationshowever the necessity may occur, improvements or additions to the Premises or to the Project or to nor shall there be any equipment located abatement in the Project as rent during such period of time. Landlord shall desire take reasonable steps to perform its rights and obligations hereunder without unnecessary or deem necessary or as Landlord may be required unreasonable interference to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with TenantXxxxxx'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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectbusiness.
Appears in 1 contract
Samples: Month Lease Agreement
Repairs. Landlord shall maintain the Common Areas and the exterior walls, roof and foundation of the Building and the heating, ventilating, air conditioning, electrical, plumbing and mechanical systems provided by Landlord in first-class condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundationcost of which shall be included in Operating Charges. Except as set forth herein, floor/ceiling slabsTenant shall, roof structure (as opposed to roof membrane)at its expense, curtain wallkeep the Premises and every part thereof, exterior glass in good condition and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closetsrepair, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall also be responsible for the entire cost of all repairs and replacements otherwise the responsibility of Landlord hereunder that are required to repair by reason of acts or negligence of Tenant, its agents, employees, customers or invitees, or the Building Structure and/or the Building Systems to the extent caused due to particular nature of Tenant's use of the Premises (as opposed to general office use). Tenant shall be responsible for other than normal and customary business office operations, unless and repairing any damage to the extent such damage is covered Building caused by insurance carries the installation or required to be carried by Landlord pursuant to Article 10 moving of Tenant's furniture, equipment 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")personal property. Tenant shall, at Tenant's own its expense, keep the Premisesalso repair or replace with glass of equal quality any broken or cracked plate or other glass in doors, including all improvements, fixtures windows and furnishings therein, and the floor elsewhere in or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage adjacent to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation (except for exterior glass which is subject to reimbursement as provided in section 3.2 of this Lease shall be repaired by Landlord). Tenant shall not extend defer any repairs or replacements to the Building Structure and the Building Systems Premises (except (i) pursuant those due to the BS/BS Exception, and/or (ii) for damage caused by ordinary normal wear and tear or beyond tear) by reason of the reasonable control anticipation of Tenant; provided however, thatthe expiration of the Term. Landlord, at Landlord's option, or if Tenant fails but only after Tenant's failure to make such repairs, Landlord may, correct same within 30 days after written notice to Tenant and Tenant's failure of its failure, may elect to repair within five (5) days thereafterperform all or part of the maintenance, but need not, make such repairs and replacementsservicing which is the obligation of Tenant hereunder which Tenant failed to do, and Tenant shall pay Landlord and/or the cost thereof, including a percentage obligation of all of the cost other tenants of the Project with respect to the premises occupied by them, in which event the costs thereof (shall be billed directly to and paid by Tenant or such other tenants as the case may be uniformly established for the Building and/or the Projectas additional rent. Except as aforesaid, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse event that, at the request of Tenant, Landlord for all overheadperforms any maintenance, general conditions, fees and other costs repairs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter servicing of the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are is the obligation of Tenant hereunder, any such entry into the Premises by then Tenant shall pay 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectdirectly therefor.
Appears in 1 contract
Samples: Metavante Corp
Repairs. Landlord shall maintain, at its expense, the structural soundness of the roof, foundation, and exterior walls of the Building in good repair, reasonable wear and tear and damages caused by Tenant, its agents, invitees, and contractors excepted. The term “walls” as used in this paragraph shall not include windows, doors, store-fronts, overhead doors, dock bumpers, dock seals, dock plates, or dock levelers. Tenant shall promptly give Landlord written notice of any repair required by Landlord, and Landlord shall proceed with due diligence to make such repair. Tenant, at its expense, shall repair, replace and maintain in first-class good condition all portions of the Premises and operating order all areas, improvements and keep in good systems exclusively serving the Premises, including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire protection systems, entries, doors, ceilings, roof membrane, windows, interior walls, demising walls, HVAC systems, and evaporative coolers. Such repairs and replacements may include capital expenditures whose benefit may extend beyond the Lease Term. If Tenant fails to perform any repair or replacement for which it is responsible, Landlord may perform such work and condition the structural be reimbursed by Tenant within 30 days after written demand. If any of Tenant’s obligations hereunder affect other tenants or portions of the Building/Project, including Landlord may perform the foundation, floor/ceiling slabs, roof structure (repair or replacement and include the cost as opposed part of Operating Expenses or allocate the cost to roof membrane), curtain wall, exterior glass tenants as may be appropriate. Tenant shall enter into a maintenance service contract with a vendor reasonably acceptable to Landlord to periodically service the HVAC and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and evaporative coolers in the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed Premises in accordance with a scope of services reasonably prescribed by Landlord. Tenant Parties (collectively, shall supply Landlord a copy of the "Building Systems") and the Common Areascontract upon request as evidence of compliance. Notwithstanding anything in this Lease to the contrarycontrary contained herein, Tenant shall be required to repair in the Building Structure and/or the Building Systems to the extent caused due to Tenant's use event Landlord makes any of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend following major capital replacements to the Building Structure and or Project: replacement of the Building Systems except pursuant to roof membrane of the BS/BS Exception. In additionBuilding, Tenant shallresurfacing the parking lot, at Tenant's own expense, but under replacement of 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, brokenconcrete truck aprons, or worn fixtures and appurtenancesfull exterior repaint of the Building, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and then Tenant shall pay reimburse Landlord the cost thereof, including a percentage as part of Operating Expenses its pro rata share of the cost thereof (to be uniformly established for as amortized over the Building and/or the Project, and to be lesser of its useful life as reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises determined by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, accordance Generally Accepted Accounting Principles or access to, the Premises; provided that, with respect to items ten (ii10) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectyears.
Appears in 1 contract
Samples: Lease Agreement (Cardionet Inc)
Repairs. Landlord shall maintain By entry, Tenant accepts the Temporary Premises as being in first-class good and sanitary order, condition and operating order repair. Tenant, at Tenant’s sole cost and keep expense, shall continue to keep, maintain and preserve the Temporary Premises in good repair the same manner and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrarysame extent as set forth in the Sublease. Tenant acknowledges, agrees and affirms that Landlord has made no representations to Tenant shall be required to repair respecting the Building Structure and/or the Building Systems to the extent caused due to Tenant's use condition of the Premises for other than normal and customary business office operations, unless and to or the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which Building. Without limiting the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In additionforegoing, Tenant shall, at Tenant's own ’s sole expense, but under the supervision be responsible for repairing any area damaged by Tenant, Tenant’s agents, employees, invitees and subject visitors. All repairs and replacements by Tenant shall be made and performed: (a) at Tenant’s cost and expense and at such time and in such manner as Landlord may reasonable designate, (b) by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld, (c) so that same shall be at least equal in quality, value and utility to the prior approval original work or installation, (d) in a manner and using equipment and materials that will not interfere with or impair the operations, use or occupation of the Building or any of the mechanical, electrical, plumbing or other systems in the Building, and (e) in accordance with the Rules and Regulations attached to the Lease as EXHIBIT D and all Applicable Laws. In the event Tenant fails, in the reasonable judgment of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to maintain the Premises and replace or repair all damagedin accordance with the obligations under the Lease, broken, or worn fixtures and appurtenancesLandlord shall have the right, but not the obligation, to enter the Temporary Premises and perform such obligation shall not extend to the Building Structure maintenance, repairs or refurbishing at Tenant’s sole cost and the Building Systems except expense (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage sum for overhead to Landlord equal to ten percent (10%) of the cost thereof (to be uniformly established for of the Building and/or the Projectmaintenance, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs repairs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. refurbishing). Landlord mayshall repair and maintain the exterior and structural parts of the 380 Xxxxxxxx Building including without limitation the foundations, but shall not be required tostructural load-bearing columns and walls of the Building, enter the Premises at all reasonable times roof, roof structure, roof membranes and exterior walls; the utility pipes, wiring and conduits to make such repairs, alterations, improvements or additions their point of connection to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Temporary Premises; provided that, with respect to items (ii) the sidewalks; and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, the structural or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 capital aspects of the California Civil Code or under any similar law, statute, or ordinance now or hereafter parking area so that all of the foregoing are kept in effectgood order and repair.
Appears in 1 contract
Samples: Office Lease (Hansen Medical Inc)
Repairs. The Landlord, at its own expense, shall promptly repair or replace any and all defects in the Landlord Improvements and Common Areas and all latent defects in the Tenant Improvements. Landlord shall maintain in first-class condition and operating order and keep in good also maintain, repair and condition replace: (a) the structural portions integrity of the BuildingBuilding (including, including but not limited to, the foundation, floor/ceiling slabsthe exterior walls (but, roof structure (as opposed to roof membraneexcluding exterior glass), curtain wallthe supporting framework, exterior glass and mullions, columns, beams, shafts the floor slab (including elevator shaftsexclusive of any floor coverings), fire stairsand roof); (b) the Common Areas, parking areaswhich shall be maintained in accordance with the standards of a Class A office park for the Research Triangle Park, landscapingNorth Carolina area; and (c) any damages resulting from its or its employees, agents, or invitees negligent or willful acts. Repairs required of Landlord shall be made within a reasonable time (depending on the nature of the repair needed) after Landlord receives notice from Tenant, or has actual knowledge, of the need for the repair. Except as assigned to Landlord above, Tenant, at its own expense, shall maintain and repair the Premises (including, but not limited to the repair and replacement of the exterior Project signageglass, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectivelyelectrical systems, interior walls, floors, ceilings, security systems, the "Building Systems"sprinkler system, and the monitoring systems) and the Common Areas. Notwithstanding anything in this Lease otherwise make all repairs relating to the contrary, Premises. All repairs to be made by Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are locatedmade promptly, in good ordera workmanlike manner, 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient Tenant allowing no liens to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions attach either to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; providedTenant's leasehold interest, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner and so as not to materially interfere unreasonably disturb or inconvenience other tenants in the Building. Landlord shall have the right to require Tenant to provide such assurances as Landlord shall reasonably require (e.g., bonds, escrows, etc.) to protect Landlord against unpaid work and to require that any work be performed only by duly licensed contractors and subcontractors approved by Landlord. Landlord shall make available to Tenant any warranties Landlord has received which are applicable to the repairs to be performed by Tenant. Tenant shall reimburse Landlord for all costs incurred by Landlord (over and above those amounts reimbursed by insurance carried by Landlord), along with a ten percent (10%) overhead fee, for all repairs to the Common Areas, or Building arising out of Tenant's use ofor its employees, agents, or access invitees, negligent or willful acts. Continuously throughout the Term, Tenant shall maintain, at its expense, a maintenance contract covering the HVAC system located in or serving exclusively the Premises with a service contractor acceptable to and approved by Landlord. This contract shall provide for routine maintenance, including, but not limited to, timely changing of all filters (at recommended intervals), adjustment and inspection of air handling mechanisms and control equipment, and performance of necessary lubrication, testing, and other such normal maintenance procedures. Notwithstanding the Premises; provided that, with respect preceding to items (ii) and (iii) abovethe contrary, Landlord shall use commercially reserves the right to arrange for the HVAC system maintenance contract and charge Tenant for the reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits costs of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectthat contract.
Appears in 1 contract
Samples: Lease Agreement (Larscom Inc)
Repairs. Landlord shall maintain in first-class No representations, except as contained herein, have been made to Tenant respecting the condition and operating order and keep in good repair and condition of the structural portions of Premises or 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed acceptance of possession of the Premises by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair conclusive evidence as against Tenant that the Building Structure and/or the Building Systems to the extent caused due to Tenant's use Premises are now in a tenantable and good condition. Tenant shall take good care of the Premises for other than normal and customary business office operations, unless shall make all repairs as and when necessary in order to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which preserve the Premises are located, in good order, repair working order 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 Exceptioncondition. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of shall reimburse Landlord, within ten (10) days after demand, for the cost of any and within all structural or nonstructural repairs, replacements or maintenance necessitated or occasioned by the acts, omissions or negligence of Tenant or any reasonable period person claiming through or under Tenant, or any of time specified their servants, employees, contractors, agents, visitors or licensees, or by Landlord, promptly and adequately repair all damage to the use or occupancy or manner of use or occupancy of the Premises and replace by Tenant or repair all damaged, broken, or worn fixtures and appurtenances, but any such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. person. Landlord may, but shall not be required toliable for, enter the Premises at all reasonable times and there shall be no abatement of rent with respect to make such any injury to or interference with Tenant's business arising from any repairs, alterationsmaintenance, improvements alteration or additions improvement in or to any portion of the Premises Premises, the Common Areas or the Building or in or to the Project fixtures, appurtenances or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 Premisestherein. Tenant hereby waives all right to make repairs at Landlord's expense under any statute or common law and instead, all rights under improvements, repairs and/or maintenance expenses incurred with respect to the Premises shall be at the expense of Tenant, and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 shall be considered as part of the California Civil Code consideration for leasing the Premises. All damages or under injury done to the Premises by Tenant or by any similar lawperson who may be in or upon the Premises with Tenant's consent or at Tenant's invitation, statuteshall be repaired with material of equal or better quality than the then existing installation of Building Standard materials and Tenant shall, or ordinance now or hereafter at the termination of this Lease, surrender the Premises to Landlord in effectas good condition and repair as when accepted by Tenant, reasonable wear and tear excepted.
Appears in 1 contract
Repairs. 12.01 Tenant shall take good care of the Demised Premises (excluding Tenant’s Roof Top Space [but Tenant shall be responsible for Tenant’s Property therein] and the RTS Shuttle Elevator, each of which shall be the responsibility of Landlord, but the costs of which shall be included in the RTS Operating Expenses in accordance with Section 4.02 hereof) and the fixtures and appurtenances therein or outside the Premises as permitted hereunder, including any Supplemental HVAC System, Supplemental Cooling System and/or the Premises Emergency Generator Equipment and, at Tenant’s sole cost and expense (unless required as a result of the negligence or willful misconduct of Landlord shall maintain or any Landlord Party, in first-class condition which case the same shall, subject to the provisions of Section 14.01B hereof, be performed by Tenant at Landlord’s sole cost and operating expense), make all repairs thereto as and when needed in Tenant’s reasonable discretion to preserve them in good working order and keep condition, except for reasonable wear and tear, obsolescence and damage for which Tenant is not responsible for pursuant to the provisions of Articles 17 and 18 hereof; it being agreed, however, that Tenant shall have no obligation to make structural repairs unless the need for such repair was necessitated by reason of (a) any cause or condition arising out of any Tenant Changes or other alterations or installations in good repair and condition the structural portions Demised Premises (whether made by Tenant or by Landlord on behalf of the BuildingTenant) or as hereinafter provided in this Section 12.01, including the foundation, floor/ceiling slabs, roof structure or (b) Tenant’s particular manner of use or occupancy (as opposed to roof membranemere office use), curtain wallor (c) any breach of any of Tenant’s covenants or agreements under this Lease, exterior glass and mullionsor (d) any negligence or willful misconduct by Tenant, columnsor any contractor, beamssubcontractor, shafts licensee or invitee of Tenant or (including elevator shafts)e) Tenant’s use or manner of use or occupancy of the Premises as a “place of public accommodation” within the meaning of the ADA. Tenant acknowledges that such obligation applies to, fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and without limitation: (i) all common and public areas distributions within the Demised Premises of the Base Systems serving the Demised Premises (collectively, "Building Structure"from the point of connection within the Demised Premises) and (ii) any such Base System located outside of the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems Demised Premises to the extent caused due it exclusively serves the Demised Premises but in such event Landlord shall perform such repairs at Tenant’s sole but reasonable cost and expense. All damage or injury to Tenant's use of the Premises for other than normal and customary business office operationsDemised Premises, unless whether structural or non-structural, and to the extent such damage is covered by insurance carries its fixtures, glass, appurtenances and equipment 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 Building, or to its fixtures, glass, appurtenances and equipment caused by Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor moving property in or floors out of the Building on which or by installation or removal of furniture, fixtures or other property, or from any other cause of any 155 other kind or nature whatsoever due to the Premises are locatednegligence or willful misconduct of Tenant, its servants, employees, agents, visitors or licensees, shall be repaired, restored or replaced promptly by Tenant at its sole but reasonable cost and expense to the reasonable satisfaction of Landlord. All aforesaid repairs, maintenance, restorations and replacements shall be in quality and class equal to the original work or installations and shall be done in a good order, repair and condition at workerlike manner. At all times during the Lease TermTerm of this Lease, but such obligation as required under the Unit Ground Lease, Tenant shall (A) not extend cause any waste to or upon the Building, the Unit, the Demised Premises or the Common Elements or any part thereof, nor permit or suffer any waste to or upon the Building, the Unit, the Demised Premises or the Common Elements; (B) not cause physical damage (other than as part of any Tenant Change permitted hereunder or as caused by a casualty or taking) to the Building Structure Building, the Unit, the Demised Premises or the Common Elements or any part thereof; (C) maintain, repair, keep, use and occupy the Building Systems except pursuant to Demised Premises in compliance with the BS/BS ExceptionDUO; and (D) keep the Demised Premises free of graffiti and posters. In addition, Tenant shallshall promptly make, at Tenant's own ’s sole cost and expense, but under the supervision all repairs in and subject to the prior approval of LandlordDemised Premises for which Tenant is responsible, and within any reasonable period of time specified using only the contractor for the trade or trades in question approved by Landlord, promptly which approval shall be granted or withheld in accordance with the provisions of Article 13 hereof. Any other repairs in or to the Building, the Unit and/or the Common Elements, or any portion thereof, or the facilities and adequately systems thereof for which Tenant is responsible shall be performed by Landlord at Tenant’s sole cost and expense. Landlord and Tenant agree that for the purposes of this Section 12.01, (a) core lavatories on any full floor of the Premises and (b) Tenant’s Roof Top Space and, if leased by Tenant hereunder, the 51st Floor Space, are not Building common areas, FC Limited Common Elements nor Common Elements and Tenant shall maintain, repair all damage and/or make replacements thereto, as appropriate, at Tenant’s sole cost and expense. Landlord shall have no obligation to clean, repair, replace or maintain any “private” plumbing fixtures or facilities (i.e., plumbing fixtures and facilities other than those that would be the common toilets in a multi-tenant floor) or the rooms in which they are located but the foregoing shall not vitiate Landlord’s obligation to maintain the plumbing therefor that is part the Base Systems to the point of connection to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to in accordance with the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectterms hereof.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Legg Mason Inc)
Repairs. Landlord Tenant shall put, keep, repair and maintain the Leased ------- Premises and the fixtures and equipment therein at all times in first-class a good, properly functioning, safe and sanitary condition and operating order state of repair, reasonable wear and keep tear excepted, free of debris and other similar obstructions. Tenant shall allow Landlord access to the Leased Premises during all reasonable hours upon twenty-four (24) hours notice, except in good repair the case of emergencies, to make repairs required to be made by Tenant which Tenant fails or refuses to make, and condition shall pay Landlord as additional rent the cost of such repairs made for Tenant by Landlord. Subject to Tenant's obligation to pay Operating Expenses pursuant to Section 5 of this Lease, Landlord shall: i) make all necessary repairs to the outer walls, roof, and structural portions elements of the Building, including ii) keep the foundationplumbing, floor/ceiling slabssewage, roof structure (as opposed to roof membrane)heating, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanicalair conditioning, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler ventilating systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which not serving the Leased Premises are located, in good orderrepair, 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacementsexcepted, and iii) maintain and keep the common areas, grounds, walkways, driveways and parking areas in a neat and clean condition. Tenant shall pay Landlord for electrical lamps and ballasts used in the Leased Premises. Any cost thereofof repairs, including a percentage modifications, alterations or improvements to the Building, the Leased Premises or the Project which are occasioned by the negligence or default of Tenant, its officers, employees, agents or invitees, or by the requirements of law, ordinance or other governmental directive and which arise out of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation nature of Tenant hereunder, 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, and occupancy of the Leased Premises or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord installations of Tenant in the Leased Premises shall use commercially reasonable efforts to not materially interfere with be paid solely by Tenant's use of, or access to, the Premises. Tenant hereby waives will not suffer or permit any waste or injury to the Leased Premises and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 will, at the expiration of the California Civil Code term of this Lease, surrender the same with all walls, floor coverings and other components thereof in the same order and condition as on the Commencement Date, ordinary wear and tear, subsequent alterations or under any similar lawimprovements consented to by Landlord as provided in Section 15 of this Lease, statuteand casualty damage covered by insurance, or ordinance now or hereafter in effectexcepted.
Appears in 1 contract
Samples: Lease Agreement (Vialog Corp)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the structural portions make, as an Operating Expense of the Building, including all repairs necessary to maintain the foundationplumbing, floor/ceiling slabsheating, roof structure ventilating, air conditioning, electric systems, external windows and floors (as opposed to roof membraneexcluding carpeting and floor coverings), curtain wallprovided, exterior glass and mullionshowever, columnsthat Landlord shall not be obligated to make any such repairs until the expiration of a reasonable period of time after receipt of written notice from Tenant that such repair is needed. Landlord shall make, beamsat its own expense (except for repairs which are expensed in accordance with GAAP, shafts (including elevator shaftsthe cost of which shall be an Operating Expense), fire stairsall repairs necessary to maintain the structure of the Building, parking areasthe roof, landscapingall exterior walls and the building floor slabs. Landlord will repair any damage caused by any act, exterior Project signageomission or negligence of Tenant or its employees, stairwellsagents, elevator cabinvitees, men's and women's washroomslicensees, Building mechanicalsubtenants, electrical and telephone closetsor contractors, and all common and public areas Tenant will reimburse Landlord for the cost of such repair within thirty (collectively30) days after receipt of an invoice. If Tenant requires maintenance, "servicing, repair or replacement of any special plumbing, heating or air conditioning systems installed specifically for Tenant's benefit in the Leased Premises, whether or not such systems are tied into the standard Building Structure") systems, such maintenance, servicing, repair or replacement shall be made at the sole expense of Tenant, unless the need for such repairs is caused, in whole or in part, by the negligence or willful misconduct of Landlord, its agents or employees. Tenant shall maintain the Leased Premises and the Base Building mechanicalfixtures and appurtenances therein in good repair at all times, electrical, life safety, plumbing, sprinkler systems reasonable wear and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areastear excepted. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems Except to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried released by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, provision 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 additionSection 22 hereof, 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overheadcosts and expenses of repairing and replacing all damage or injury to the Leased Premises and the Building and to fixtures and equipment caused by Tenant or its employees, general conditionsagents, fees invitees, licensees, subtenants, or contractors, or as the result of all or any of them moving in or out of the Building or by its or their installation or removal of furniture, fixtures or other property. Such costs and other costs or expenses shall be collectible as Additional Rent and paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. by Tenant within fifteen (15) days after rendition of a xxxx therefor. Landlord may, but shall not be required toliable by reason of any injury to or interference with Tenant's business arising from the making of any repairs, enter alterations, additions or improvements in or to the Leased Premises at all reasonable times or the Building or to make any appurtenances or equipment therein unless Landlord or its agents, employees or contractors are negligent in performing such repairs, etc. There shall be no abatement of rent because of such repairs, alterations, additions or improvements or additions because of any delay by Landlord in making the same except that Landlord shall reimburse Tenant for any actual damages (but not consequential damages) in the event Landlord is negligent in performing such repairs, etc.. Tenant shall give to the Premises Landlord prompt written notice of any accidents to, or to the Project or to any equipment defects in plumbing, electrical, heating and air conditioning systems and apparatus located in the Project as Leased Premises. Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) give Tenant written notice of any repairs, alterations, additions or improvements which Landlord intends to undertake either in the Leased Premises or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectBuilding.
Appears in 1 contract
Repairs. Landlord 8.1 At Tenant's sole expense, Tenant shall maintain in first-class condition and operating order and keep in good order, condition and repair the Premises and condition every part thereof, including, without limiting the structural portions generality of the Buildingforegoing, all plumbing, heating, ventilating and air conditioning systems, electrical and lighting facilities and equipment within the Premises, fixtures, interior walls and interior surfaces of exterior walls, ceilings, windows (including glass and casings), doors (including casings and locks), plate glass and skylights located within the Premises. Landlord reserves the right to procure and maintain the ventilating and air conditioning system maintenance contract for the entire Property, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closetsPremises, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectivelyif Landlord so elects, the "Building Systems") and cost thereof shall be included in the Common AreasProperty's Operating Cost. Notwithstanding anything Tenant shall promptly replace any portion of the Premises or system or equipment in this the Premises which cannot be fully repaired, regardless of whether the benefit of such replacement extends beyond the Lease to the contrary, Term. Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use solely responsible and shall indemnify, protect, defend and hold Landlord harmless as a result of any penetrations or perforations of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered roof caused by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception")Tenant. Tenant shallshall also be responsible, at Tenant's own expensesole cost, keep to comply with all Requirements relating to the PremisesPremises including, including but not limited to, the obligation to make all improvements, fixtures alterations or modifications required by such Requirements. It is the intention of Landlord and furnishings thereinTenant that, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation Tenant shall not extend maintain the Premises in an attractive, first-class and fully operative condition. Tenant shall also be responsible for all repairs to the Building Structure and the Building Systems except pursuant to the BS/BS ExceptionProperty which are made necessary by any act or omission of Tenant or any of its affiliates, employees, contractors, subtenants, visitors, patrons, guests or invitees. 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if If Tenant fails to make such repairsperform Tenant's obligations under this Section 8.1, Landlord may, may enter upon the Premises after ten (10) days written notice to Tenant and (except in the case of emergency, in which event, no notice shall be required), perform such obligations on Tenant's failure behalf and put the Premises in good order, condition and repair, without liability to repair within five (5) days thereafterTenant for any loss or damage that may accrue to Tenant's merchandise, but need notfixtures, make or other property or to Tenant's business by reason thereof and the cost for making such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof plus ten percent (to be uniformly established 10%) for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord administrative overhead shall be performed in a manner so due and payable as not Additional Rent to materially interfere Landlord together 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectnext Minimum Monthly Rent installment.
Appears in 1 contract
Samples: Lease (Truevision International Inc)
Repairs. Landlord shall at all times during the Lease Term maintain in first-class good condition and operating order and keep in good repair and condition the structural portions of the Building, including including, without limitation, the foundation, floor/ceiling floor slabs, roof structure (as opposed to roof membrane)ceilings, curtain wall, exterior glass and mullionsroof, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cabescalators, men's and women's washroomselevators, Base Building mechanical, electrical and telephone closets, restrooms and all common and public areas Common Areas (collectively, "the “Building Structure") ”), and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed installed or furnished by Tenant Parties Landlord (collectively, the "“Building Systems") and the Common Areas”). Notwithstanding anything Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems Systems, except to the extent caused due to required because of Tenant's ’s use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except for (ia) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant, (b) damage caused by fire or other casualty (which damage caused by fire or other casualty shall be governed by the terms of Article 11 of this Lease), (c) damage caused by the negligence or willful misconduct of Landlord or the Landlord Parties, and (d) damage that Landlord is required to repair or that results from Landlord’s breach of its obligations under this Lease; provided provided, however, that, Landlord shall have the exclusive right, at Landlord's ’s option, or if Tenant fails but not the obligation, to make such repairsrepairs and replacements at Tenant’s sole cost and expense. In the event that Landlord elects to make any such repair, Landlord may, after written notice hereby agrees that (1) the cost to Tenant of such repair shall be reasonably priced vis-à-vis the cost to Tenant if Tenant had contracted directly for such repair with another qualified contractor approved by Landlord, and Tenant's failure (2) the time period required to complete such repair within five (5) days thereafter, but need not, shall not be materially longer than the time period required to complete such repair had Tenant contracted directly for such repair with a qualified contractor approved by Landlord. In the event Landlord does not elect to make such repairs and replacements, then such repairs shall be performed by a contractor (and subcontractors, as necessary) retained by Tenant shall pay and approved by Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or perform work at the Project, provided that Landlord shall have the right to require the use of designated contractors or vendors with respect to work on the Building Structure or Building Systems (the “Major Trades”). Such contractor(s) shall follow [535 Mission Street] Landlord’s reasonable and non-discriminatory construction administration procedures and utilize the standard specifications and details for the Building, all as promulgated by Landlord from time to be reasonably consistent with similar percentages paid for such services by tenant in time. Subject to the Comparable Buildings) sufficient to reimburse Landlord for all overheadterms of Section 19.5 and Article 27 of this Lease below, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (Trulia, Inc.)
Repairs. Landlord (a) Landlord’s obligation with respect to repair shall maintain in first-class condition be limited to keeping and operating order and keep in good repair and condition maintaining (i) the structural portions of the Building, including (ii) the foundationexterior walls of the Building, floor/ceiling slabsincluding, roof structure (as opposed to roof membrane)without limitation, curtain wall, exterior glass and mullionsglazing, columns(iii) the roof, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure"iv) and the Base Building mechanical, electrical, plumbing and life safetysafety systems except for that portion of any kitchen facilities located within the Premises that serve Tenant exclusively and any supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems located within the Premises ), plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, v) the "Building Systems"restrooms (even those restrooms located within the Premises) and (vi) Common Areas in first-class condition commensurate with first-class office buildings located in the Common AreasFinancial District of San Francisco, California and in a clean and neat condition (collectively the “Landlord Repairs”). Notwithstanding anything in Landlord shall not be deemed to have breached any obligation with respect to the condition of any part of the Project unless Tenant has given to Landlord written notice of any required repair and Landlord has not made such repair within thirty (30) days following the receipt by Landlord of such notice. The foregoing notwithstanding the obligations of Landlord pertaining to damage or destruction by casualty shall be governed by the provisions of Paragraph 9. Landlord shall have the right but not the obligation to undertake repair work that Tenant is required to perform under this Lease and that Tenant fails or refuses to perform in a timely and efficient manner after expiration of all applicable notice and cure periods. All costs reasonably incurred by Landlord in performing any such repair for the contrary, account of Tenant shall be required repaid by Tenant to repair Landlord upon demand, together with an administration fee equal to five (5%) of such costs. Except as expressly provided in Paragraph 9 of this Lease and subject to compliance with the Building Structure and/or following sentence, 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 Building Systems making of any repairs, alterations or improvements in or to the extent caused due to Tenant's use any portion of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 minimize interference with Tenant's use of, ’s business in making any repairs or access to, replacements to the Building or the Premises. Excluding Tenant’s self-help rights expressly set forth in this Lease, Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or right to make repairs at Landlord’s expense under any similar law, statute, statute or ordinance now or hereafter in effecteffect (including the provisions of California Civil Code Section 1942 and any successive sections or statutes of a similar nature).
Appears in 1 contract
Samples: Lease Agreement (Salesforce Com Inc)
Repairs. Landlord Landlord, at Landlord’s sole cost and expense, shall maintain in first-class condition and operating good order and keep in good repair throughout the Lease Term the exterior grounds, the landscaping, Landlord Tenant Initials Initials the exterior walls and condition the structural portions roof of the BuildingPremises, including the foundationcommon areas of the Project, floor/ceiling slabsthe thermostat and HVAC system, roof structure (as opposed to roof membrane)the HVAC filters, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, the parking areas, landscapingunless any such repairs are necessitated by the negligence or misconduct of Tenant, exterior Project signageits agents, stairwellsemployees, elevator cabcontractors, men's and women's washroomsconsultants, Building mechanicallicensees or invitees, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems in which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, event Tenant shall be required responsible for the costs of such repairs. Landlord shall be responsible for all common area pest control throughout the Project. Notwithstanding the foregoing, Landlord shall have no obligation to repair make such repairs nor shall Landlord have any liability for the Building Structure and/or the Building Systems damages to the extent caused due property of, or personal injury to the Tenant's use , its invitees, employees, contractors, consultants, agents or licensees or to any third party, resulting from the condition of any item described in this Section as being the responsibility of Landlord to repair, until Landlord has actual written notice of the Premises need for such repair. Tenant shall use Landlord’s online system for work order requests or other than normal system as Landlord may from time to time utilize. Tenant, at Tenant’s sole cost and customary business office operationsexpense, unless shall maintain in good, clean and sanitary condition, order and repair throughout the Lease Term the Premises, including, but not limited to, all doors, interior walls, ceilings, floors, entrance ways, windows, glass surfaces, electrical fixtures and conduits, interior lighting fixtures and bulbs, carpeting, blinds, and draperies and all plumbing, fixtures, systems and facilities located within the Premises, and shall supply all paper and soap for any restroom located within the Premises. Tenant shall be responsible for all interior pest control throughout the Premises. Tenant may, at Tenant’s option and expense, periodically engage Landlord to replace lamps, fluorescent tubes and lamp ballasts on a group basis. Tenant shall pay to Landlord as additional rent the extent sum of (i) the cost of such damage is covered by insurance carries replaced items at cost plus applicable sales tax, and (ii) a labor charge of $30.00 per hour (full or required partial) with a one hour minimum (the hourly rate will be subject to be carried by change from time-to-time as 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"deems necessary). Tenant shall, at Tenant's own expense, keep also agrees that it shall not exceed its pro-rata share of amperage allotted to the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on building in which the Premises are located, in good order, repair located and condition the entire Property. Tenant at all times during shall maintain 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 interior of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises as a clean, sanitary and replace orderly condition and free from accumulations of trash or repair all damaged, broken, rubbish. If Tenant neglects or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails refuses promptly to make such repairsany repairs or perform any maintenance required by this Section, Landlord may, after written notice to Tenant and may perform the same on Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements’s behalf, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overheadcosts and expenses incurred, general conditionstogether with interest thereon at the highest rate permitted by law until paid, fees upon demand. Reasonable wear and tear and casualty damage (other costs than casualty damage caused in whole or expenses paid to third parties arising in part by Tenant, its agents, employees, contractors, consultants, licensees or invitees) are excepted from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. the provisions of this Section. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.Initials Initials
Appears in 1 contract
Samples: Office Lease Agreement (Health Insurance Innovations, Inc.)
Repairs. Landlord Tenant shall maintain keep the entire Leased Premises and every part thereof in first-class good condition and operating order and keep in good repair and condition the structural portions of the Buildingrepair, including the foundationincluding, floor/ceiling slabsbut not limited to, roof structure (as opposed to roof membrane)floor coverings, curtain wallceiling, exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closetswalls, and all common fixtures, facilities or equipment contained therein, including but not limited to, the heating, ventilating and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler air conditioning systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") “HVAC System”), electrical, plumbing and sewer systems, the Common Areasexterior doors, window frames, and all portions of the store front area, and shall make any replacements thereof, and of all broken and cracked glass which may become necessary during the term of this Lease, but excluding the roof and structure, which shall be Landlord's responsibility, unless resulting from Tenant's acts or failure to act, in which case they shall be Tenant's responsibility. Notwithstanding anything in this Lease Prior to the contraryundertaking any repairs, Tenant shall notify Landlord of said repairs and the methodology to be required used in effecting the same. Landlord shall have the right to repair approve said methodology and such approval shall not be unreasonably withheld, conditioned or delayed. If Tenant refuses or neglects to commence or complete repairs promptly and adequately, Landlord may make or complete said repairs and Tenant shall pay the Building Structure and/or cost thereof to Landlord. Landlord represents to Tenant that as of the Building Systems to date the extent caused due Leased Premises are delivered to Tenant's use , the HVAC System located in and exclusively servicing the Leased Premises, shall be in good working order. Thereafter, the routine maintenance, servicing and repair, and the replacement of the Premises HVAC System shall be the responsibility of Tenant, and Tenant shall maintain a service contract for other than normal such purposes with a reputable vendor (a copy of which, including any amendments thereto, shall be provided to Landlord upon Landlord’s request for the same), providing for a minimum of Four (4) quarterly preventative maintenance and customary business office operationsfilter change visits per calendar year. Landlord shall, unless and to the extent such damage is are available and assignable, assign any manufacturers’ and installers’ warranties applicable to the HVAC System to Tenant or, in the event such are not assignable, make claims thereunder for any covered maintenance, repair, or replacement performed by insurance carries or required to be carried for Tenant. At the expiration or earlier termination of this Lease, Tenant shall assign or re-assign, as the case may be, any manufacturers’ and installers’ warranties previously assigned by Landlord pursuant to Article 10 and Tenant, to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's ’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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or damage caused by casualty (except to the extent the same is Tenant’s obligation to repair pursuant to Article 11 below), condemnation or other causes beyond the reasonable control of Tenant; provided however, that, at Landlord's ’s option, or if Tenant fails to make such repairsrepairs within ten (10) days after written notice from Landlord to Tenant (except that no such notice shall be required in an emergency), Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's ’s involvement with such repairs and replacements 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 structural portions of the floors of the Building, and the systems and equipment of the Building; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall make such repairs at Tenant’s expense, subject to the provisions of Section 10.5 below. Upon reasonable prior notice to Tenant (except that no such notice shall be required in the event of emergency), Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (Cotherix Inc)
Repairs. Landlord Notwithstanding the provisions of Section 7.1 above, Landlord, as a Direct Operating Expense (subject to the exclusions set forth in Section 4.3 above), shall maintain in first-class condition and operating order and keep in good repair and condition maintain the water cooling tower serving the Project, fire and life safety systems for the Building, the elevators in the Building, and the exterior and structural portions of the BuildingBuilding (which shall only consist of the roof, 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") foundation and the Base Building mechanicalexterior walls) in good condition unless such maintenance and repairs are caused in part or in whole by the act, electricalneglect, life safetyfault, plumbingor omission of any duty by the Tenant, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectivelyits agents, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contraryservants, 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 operationsemployees, unless and to the extent such damage is covered by insurance carries contractors, licensees or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are locatedinvites, 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and which case Tenant shall pay Landlord the reasonable cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, such maintenance and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. repairs. Landlord may, but shall not be required toliable for 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. In making such repairs, enter Landlord shall use reasonable efforts to minimize interference with Tenant's business and the Premises at all reasonable times interruption or reduction in services to make such Tenant. Except as provided in Article 13 hereof, there shall be no abatement of any item 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 additions to any portion of the Building or the Premises or to the Project in or to any fixtures, appurtenances, and equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 Premisestherein. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or right to make repairs at Landlord's expense under any similar law, statute, or ordinance now or hereafter in effect. However, if Landlord fails to perform any repairs or maintenance required of Landlord under this Section 7.2, and such failure substantially interferes with Tenant's use and enjoyment of the Premises, then Tenant may provide written notice of such failure and of Tenant's intention to perform such repairs or maintenance. If Landlord does not commence such repairs and maintenance within thirty (30) days after delivery of Tenant's notice, and thereafter use reasonable due diligence to complete such repairs and maintenance, Tenant may complete such repairs and maintenance and may offset the reasonable costs and expenses incurred by Tenant to do so against Tenant's Pro-Rata Share of Direct Operating Expenses to the extent that such costs and expenses exceed the amount that would have been payable by Tenant as its Pro-Rata Share of Direct Operating Expenses had such repairs and maintenance been performed by Landlord.
Appears in 1 contract
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures and furnishings thereinfixtures, furnishings, and the floor or floors of the Building on which systems and equipment within the Premises are locatedor elsewhere exclusively serving the Premises, 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 ’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenanttear; provided however, that, at Landlord's option, or that if Tenant fails to make such repairsrepairs within applicable notice and cure periods, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage management fee of 5% of such costs. Without limitation, Tenant shall be responsible for electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (to the extent serving Tenant exclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the cost thereof Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas (to be uniformly established for the Building and/or extent not serving Tenant exclusively), except to the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with extent that such repairs and replacements forthwith upon being billed for sameare required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. . Subject to the terms of Article 27 below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights releases its right to make repairs at Landlord’s expense under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Samples: Sova Science District (Conatus Pharmaceuticals Inc.)
Repairs. Landlord 4. Owner shall maintain in first-class condition and operating order repair the exterior of and keep in good repair and condition the structural portions public portion 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception")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 fixtures and appurtenences therein and at Tenant's own expense’s sole cost and expense promptly make all repairs a thereto and to the building, keep whether structural or non-structural in nature, caused by or resulting from the Premisescarelessness, omission, neglect or improper conduct of Tenant, Tenant’s servants, employees, invitees or licensees, and whether or not arising from such Tenant conduct or omission, when required by other provisions of this lease, including Article 6, Tenant shall also repair all improvementsdamage to the building and the demised premises caused by the moving of Tenant’s fixtures, fixtures and furnishings thereinfurniture 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 proceed with due diligence to make repairs required to be made by Tenant, the same may be made by the Owner at the expense of Tenant, and the floor expenses thereof incurred by Owner shall be collectible, as additional rent, after rendition of a bxxx or floors of statement therefore. If the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In additiondemised premises be or become infested with vermin, Tenant shall, at Tenant's own 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 under at the supervision and subject 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 prior approval Tenant for a diminution of Landlordrental value and no liability on the part of Owner by reason of inconvenience, and within any reasonable period of time specified by Landlordannoyance or injury to business arising from Owner, promptly and adequately repair all damage to the Premises and replace Tenant or repair all damaged, broken, others making or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails failing to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such any repairs, alterations, additions or improvements or additions to the Premises or to the Project in or to any portion of the building or the demised premises or in and to the fixtures, appurtenances or equipment located thereof. It is specifically agreed that Tenant shall not be entitled to any set off or reduction of rent by reason of any failure of Owner to comply with the covenants of this or any other article of this lease. Tenant agrees that Tenant’s sole remedy at law in the Project as Landlord shall desire or deem necessary or as Landlord may such instance will be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except way of any action for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation damages for breach of Tenant hereunder, 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, contract. The provisions of this Article 4 with respect to items (ii) and (iii) above, Landlord the making of repairs shall use commercially reasonable efforts not apply in the case of fire or other casualty with regard to not materially interfere with Tenant's use of, or access to, the Premiseswhich Article 9 hereof shall apply. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.Window Cleaning:
Appears in 1 contract
Samples: Nara Bancorp Inc
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures and furnishings thereinfixtures, furnishings, and the floor or floors of the Building on which systems and equipment within the Premises are locatedor elsewhere exclusively serving the Premises, 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 ’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlordtime, 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenanttear; provided however, that, at Landlord's option, or that if Tenant fails to make such repairsrepairs within applicable notice and cure periods, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage management fee of 5% of such costs. Without limitation, Tenant shall be responsible for electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (to the extent serving Tenant exclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the cost thereof Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas (to be uniformly established for the Building and/or extent not serving Tenant exclusively), except to the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with extent that such repairs and replacements forthwith upon being billed for sameare required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. . Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation . Landlord shall comply with all reasonable and nondiscriminatory requirements of Tenant hereunder, any such entry into when accessing the Premises by Landlord shall be performed provided such requirements are intended, in a manner so as not good faith, for the purpose of protecting Tenant’s work, proprietary information and any other sensitive matter pertaining 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’s Permitted Use. Tenant hereby waives any and all rights releases its right to make repairs at Landlord’s expense under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling exclusively serving the Premises from the Building’s network cabling.
Appears in 1 contract
Samples: Lease (Organovo Holdings, Inc.)
Repairs. (a) Landlord shall maintain in first-class good condition and operating order and keep in good repair and condition (i) the structural portions of the Building, including (ii) the foundationexterior walls of the Building, floor/ceiling slabsincluding, roof structure (as opposed to roof membrane)without limitation, curtain wall, exterior glass and mullionsglazing, columns(iii) the roof, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure"iv) and the Base Building mechanical, electrical, plumbing and life safetysafety systems [except for any lavatory, plumbingshower, sprinkler toilet, wash basin and kitchen facilities that serve Tenant exclusively and any supplemental heating and air conditioning systems and HVAC (including all plumbing connected to said facilities or systems which were not constructed by Tenant Parties serving only the Premises)], (collectively, the "Building Systems"v) and Common Areas (including lighting in the Common Areas. Notwithstanding anything in this Lease to Areas and snow and ice removal from sidewalks abutting the contraryBuilding), and (vi) the Installation Area, except those elements of such area that Tenant shall be is required to repair under Section 5(b) below. Landlord shall not be deemed to have breached any obligation with respect to the condition of any part of the Land or Building Structure and/or 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 Building Systems receipt by Landlord of such notice. The foregoing notwithstanding: (i) Tenant shall pay for the cost of any repairs as a result of damage to any of the foregoing to the extent caused due to Tenant's use by the acts or omissions of the Premises for other than normal and customary business office operationsTenant or it agents, unless and employees or contractors, except to the extent such damage is repairs are covered by insurance carries carried or required to be carried by Landlord pursuant to Article 10 the provisions of Paragraph 8(e) below; and (ii) the obligations of Landlord pertaining to which damage or destruction by casualty shall be governed by the waiver provisions of subrogation is applicable (such Paragraph 9. Landlord shall have the right but not the obligation to the extent undertake work of repair that Tenant is required to perform under this Lease and that Tenant fails or refuses to perform within applicable to Tenant as qualified periods (including applicable notice and conditioned will hereinafter be defined as the "BS/BS Exception"grace periods, if any). All costs reasonably incurred by Landlord (including out of pocket costs and a reasonable allocation of Landlord’s internal costs if employees of Landlord perform such work or repair) in performing any such work or repair for the account of Tenant shallshall be repaid by Tenant to Landlord upon demand, at together with an administration fee equal to ten percent (10%) of such costs. Except as expressly provided in this paragraph and in Paragraphs 9 and 7(f) of this Lease, there shall be no abatement of Rent and except for the obligation to make repairs necessitated by Landlord’s acts or omissions, no liability of Landlord by reason of any injury to or interference with Tenant's own expense’s business arising from the making of any repairs, keep alterations or improvements in or to any portion of the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which or the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Land. Landlord may, but shall not be required to, enter the Premises at all reasonable times agrees to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 minimize disruption to Tenant’s operations in connection with Tenant's use of, or access to, the PremisesLandlord’s repairs. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or right to make repairs at Landlord’s expense under any similar law, statute, statute or ordinance now or hereafter in effect.
Appears in 1 contract
Repairs. Landlord shall maintain in first-class condition be responsible for repairs to the exterior walls, foundation and operating order and keep in good repair and condition roof of the Building, the structural portions of the floors 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectivelyequipment of the Building, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease except to the contraryextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be required obligated to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception")pay any deductible in connection therewith. Tenant shall, at Tenant's own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, 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, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Repairs. In the event a condition exists in the Subleased Premises that Landlord is obligated to repair under the Master Lease, Subtenant shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closetsso advise Sublandlord, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are locatedSublandlord, in good orderturn, repair and condition at all times during the Lease Term, but such obligation shall not extend advise Landlord thereof. Sublandlord shall have no liability 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 Subtenant for 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails ’s failure to make any such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decreerepair; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decreethat Sublandlord shall diligently seek to enforce its rights and Landlord’s obligations under the Master Lease. Sublandlord shall keep, or (iii) repairs which are cause to be kept, the obligation of Tenant hereunderstructure, common areas and any shared Building systems or equipment, including without limitation, any such entry into the Premises by shared system providing heating, ventilation or air conditioning in a constant state of good condition and repair, and shall perform all maintenance and repair which may be or become necessary or appropriate in connection therewith. Subtenant agrees that Landlord and not Sublandlord shall be performed in a manner so as not responsible for all repairs to materially interfere with Tenant's use of, or access to, the Premises; provided that, roof of the Building and Sublandlord grants and assigns to Subtenant all rights of Sublandlord under the Master Lease to enforce Sublandlord’s rights and to compel Landlord to fulfill Landlord’s obligations with respect to items (ii) the roof and (iii) above, Landlord other repairs. Subtenant shall use commercially reasonable efforts to not materially interfere with Tenant's use ofperform, or access tocause to be performed, the Premises. Tenant hereby waives any all maintenance and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 repair of the California Civil Code Subleased Premises, excluding the structural elements of the Building and any other shared systems or under facilities serving the Subleased Premises and other space within the Building or the property. Subtenant shall have the right at its sole cost and expense to install and maintain a security system serving the Subleased Premises exclusively. Notwithstanding anything contained herein to the contrary, Sublandlord shall have no responsibility with respect to any similar law, statutedamage to the roof of the Building, or ordinance now the floor of that portion of the Subleased Premises described in Exhibit A-2 attached hereto, or hereafter any associated damage to the Subleased Premises or the Subtenant’s property located therein in effectconnection with any tenant improvement work made to the Subleased Premises.
Appears in 1 contract
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and furnishings thereinequipment such as dishwashers, garbage disposals, insta-hot dispensers and any existing or additional equipment which serves the Premises and is not part of the Base Building systems, such as ancillary HVAC systems, generators and FM200 or fire suppression systems), and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's ’s own expense, but under the supervision and subject to the prior approval of Landlord, which shall not be unreasonably withheld, conditioned, or delayed, 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's ’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (not to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildingsexceed ten percent (10%)) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's ’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 structural portions of the floors of the Building, and the Base Building systems and equipment of the Building (including the Base Building HVAC, Base Building mechanical, Base Building plumbing and Base Building electrical), except to the extent that such repairs are required due to the gross negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the gross negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times upon twenty-four (24) hour notice to Tenant (except in the case of emergency, when no notice is required, so long as Landlord notifies Tenant promptly after any such emergency) to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (Arthrocare Corp)
Repairs. If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall maintain in first-class promptly and diligently, subject to reasonable delays for insurance adjustment, and subject to all other terms of this Article, restore the Premises to the condition as of completion of the Landlord Work, the Common Areas and operating order and keep in good repair and condition the structural portions of the Project serving the Premises. 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, including or the foundation, floor/ceiling slabs, roof structure lessor of a ground or underlying lease with respect to the Property; or (as opposed c) to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closetsthe Common Areas reasonably deemed desirable by Landlord, and all common and public areas (collectively, "Building Structure") and which are consistent with the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, character of the "Building Systems") and the Common AreasProject. Notwithstanding anything in this Lease No such modifications shall materially impair access to the contrary, Tenant shall be required to repair Premises and any Common Areas serving the Building Structure and/or Premises or the Building Systems to the extent caused due to Tenant's functional use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception")Tenant. Tenant shallshall be responsible, at Tenant's own its sole cost and expense, keep for the repair, restoration, and replacement of any leasehold improvements installed by Tenant (unless Landlord has elected to insure the same, in which case such repair shall be Landlord’s responsibility) and Tenant’s Property. Landlord shall not be liable for any loss of business, inconvenience, or annoyance arising from any repair or restoration of any portion of the Premises, including all improvementsthe Building, fixtures or the Project as a result of any damage from any casualty; except, subject to Section 17.3, as a result of Landlord’s negligence or willful misconduct in connection with such repair or restoration that (i) materially interferes with the operation of Tenant’s business; and furnishings therein, and the floor or floors (ii) would not be covered under a standard business interruption insurance policy. Following Landlord’s repair of the Building on which the Premises are locatedPremises, in good order, Tenant shall repair and restore any improvements installed by Tenant to substantially the same condition at all times during the Lease Term, but such obligation shall not extend as prior to the Building Structure and the Building Systems casualty, except pursuant to the BS/BS Exceptionfor modifications required by Law. In addition, All work by Tenant shall, at Tenant's own expense, but under the supervision and shall be subject to the prior approval of Landlord, conditions set forth in this Lease governing alterations 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectadditions.
Appears in 1 contract
Samples: Lease (Ecost Com Inc)
Repairs. Landlord shall maintain in first-class condition be responsible for repairs to the exterior walls, foundation and operating order and keep in good repair and condition roof of the Building, the structural portions of the floors of the Building, and the base building systems and equipment 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanicalbase building plumbing, electrical and telephone closetsHVAC systems), and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease except to the contraryextent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant's expense, or, if covered by Landlord's insurance, Tenant shall only be required obligated to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception")pay any deductible in connection therewith. Tenant shall, at Tenant's own expense, pursuant to the terms of this Lease, including Article 8 hereof, keep the Premises, including all improvements, fixtures fixtures, furnishings and furnishings equipment therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, expense but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or option if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable BuildingsBuilding) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or and additions to the Premises or to the Project Building or to any equipment located in the Project Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights releases its right to make repairs at Landlord's expense under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code Code, or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Repairs. Landlord shall maintain Tenant agrees that except as otherwise provided in first-class condition this Article, it will perform all necessary nonstructural interior repairs to the Premises, including repair or replacement of damaged or broken doors and operating order windows and keep in good repair and condition the structural portions routine maintenance of the Buildingheating, including the foundationventilating, floor/ceiling slabs, roof structure air-conditioning systems (as opposed to roof membrane"HVAC"), curtain wallplumbing, exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanicalgas, electrical and telephone closetssimilar systems which are located in and service exclusively the Premises. Tenant shall service and maintain the HVAC by retaining a qualified contractor under a service agreement with a minimum of four (4) inspection and maintenance visits per year. Tenant further agrees that it will keep and maintain the interior of the Premises in a clean and sanitary condition. Tenant shall not be required to make any repairs which are the responsibility of Landlord pursuant to this Article or elsewhere under this Lease. Subject to the provisions and authority afforded Landlord under Article 27 herein, Landlord, at its sole cost and expense, shall make all structural repairs to the Premises, whether interior or exterior, keep the Premises watertight, and shall repair, replace and maintain in good condition the exterior of the Premises including without limitation the roof, roof membranes, walls (including the removal of efflorescence, if any), foundations, gutters, parking and drive areas, fire sprinkler system, utility lines from the point of connection to the Premises to the main line, and downspouts. Landlord shall make all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safetynecessary replacements of obsolete or unrepairable HVAC, plumbing, sprinkler gas, electrical and other similar systems (and HVAC systems components thereof) which were service all or any part of the Premises, and shall make any repairs to the Premises necessitated by any neglect, fault or default of Landlord, its agents, employees or contractors. Further, Landlord shall indemnify, defend and hold Tenant harmless from all actual loss, damage, costs, expenses or claims (exclusive of consequential, special or punitive damages, including, without limitation, lost profits) arising or resulting from Landlord's failure to fulfill its repair obligations under this Lease. in performing its obligations under this Article or elsewhere under this Lease, Landlord shall use commercially reasonable efforts not constructed to unreasonably interfere with Tenant's normal business operations. If Landlord fails to undertake and complete to Tenant's reasonable satisfaction the 11 repairs required under this Article or elsewhere under this Lease within thirty (30) days after written notice from Tenant (provided, however, that Landlord shall not be deemed in default if such repair cannot be completed within such thirty (30) day period and Landlord commences curing such default within such thirty (30) day period and thereafter diligently pursues such cure to completion within a reasonable time not to exceed sixty (60) days), then upon five (5) days' prior written notice, Tenant shall have the right to make such repairs on behalf of Landlord and to deduct the cost thereof, plus ten percent (10%) of such cost to cover its overhead and administrative costs, from the Rent otherwise payable hereunder. Anything in this Lease to the contrary notwithstanding, Landlord agrees that in the event of an emergency which necessitates immediate maintenance, repair or replacement of items which are otherwise required by this Lease to be maintained, repaired or replaced by Landlord, and Tenant Parties is unable to contact Landlord and advise it of such emergency condition Tenant may at its option proceed forthwith to make such repairs and pay the cost thereof. Landlord agrees to reimburse Tenant for the cost of such repairs, within thirty (collectively30) days of written demand. If Landlord does not so reimburse Tenant, then Tenant may deduct such amount from the "Building Systems"Rent otherwise payable hereunder. If at any time during the Lease Term any governmental agency or other authority with jurisdiction over the Premises requires modifications or repairs of the Premises that are attributable to Tenant's particular use of or operations within the Premises, all such modifications or repairs shall be at Tenant's sole cost and expense. If during the Lease Term any governmental agency or other authority with jurisdiction over the Premises requires modifications or repairs of the Premises that are attributable to buildings or structures similar to the one occupied by Tenant, or apply generally to retail businesses or operations (as compared with Tenant's particular business operation), then all such modifications or repairs shall be at Landlord's sole cost and expense. If Landlord does not make such modifications or repairs, then Tenant may make such modifications or repairs upon five (5) days' written prior written notice and deduct the Common Areas. amount expended therefor, plus ten percent (10%) of such amount for its overhead and administrative costs, from the Rent otherwise payable hereunder, Notwithstanding anything in this Lease to the contrary, Tenant shall be required in the event of any failure of Landlord to repair comply with the Building Structure and/or the Building Systems to the extent caused due to provisions of this Article or elsewhere in this Lease, and such failure materially and substantially interferes with Tenant's ability to conduct its regular and customary business in the Premises or materially and substantially impedes or materially and substantially impairs ingress to or egress from the Premises or the visibility of Tenant's storefront or blue wedge or use of the Premises Common Areas for other more than normal and customary business office operationsforty-eight (48) hours, unless and Tenant may elect to terminate this Lease upon thirty (30) days' prior written notice to Landlord unless, prior to the extent expiration of such damage is covered by insurance carries or required period, Landlord has cured such default and/or Tenant shall have the right to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (proportionately abate Rent undxx xxis Lease during such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to impairment in 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 amount which is greater of (i) pursuant the corresponding time during which Tenant is deprived due to Landlord's failure to comply with the BS/BS Exception, and/or provisions of this Article or those elsewhere in this Lease or (ii) an amount equal to the decrease in sales, if any, during such period of impairment over sales for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage equivalent period of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectprior year.
Appears in 1 contract
Samples: Assignment and Assumption of Lease (AEI Income & Growth Fund 27 LLC)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and furnishings thereinequipment such as dishwashers, garbage disposals, and insta-hot dispensers), and any and all equipment of Landlord’s listed on Exhibit 7 (the “Landlord Equipment”), or elsewhere exclusively serving the Premises, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's ’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's ’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's ’s involvement with such repairs and replacements forthwith upon being billed for same. Without limitation, Tenant shall be responsible for heating, ventilating and air-conditioning systems and utility services serving the Premises from the Building connection point to the Premises (to the extent serving Tenant exclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas (to the extent not serving Tenant exclusively), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Repairs. Tenant shall give to Landlord shall maintain prompt written notice of any damage to, or defective condition in first-class condition and operating order and keep in good repair and condition the structural portions any part of or appurtenance to 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanicalplumbing, electrical, life safetyheating, plumbingventilating, sprinkler air-conditioning or other systems and HVAC systems which were not constructed by Tenant Parties (collectivelyserving, located in, or passing through the "Building Systems") and Premises. Subject to the Common Areas. Notwithstanding anything in provisions of Article 11 of this Lease to the contraryand Landlord's warranty of Landlord's Work, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures everything therein (except the heating and furnishings therein, air-conditioning and the floor or floors other Building Systems and any structural portions of the Building on which the Premises are locatedBuilding), in good order, condition and repair and condition at all times during the Lease Termterm. Landlord shall, but such obligation shall not extend to as part of the Operating Costs set forth in Article 6 of this Lease, maintain the heating, ventilating and air-conditioning and other Building Systems throughout the Building Structure (including the Premises) and the outside walls, outside windows, floors, foundations, and roof of the Building Systems except pursuant in good order and repair. Repairs made by Landlord required due to the BS/BS Exceptionnegligence or fault of Tenant, its contractors, agents or employees shall be made at Tenant's expense plus a 19% administrative charge. In addition, Tenant shallTenant, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlordshall comply with all laws or ordinances, and within all rules and regulations of all governmental authorities and of all insurance bodies at any reasonable period of time specified by Landlordin force, 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions applicable to the Premises or to Tenant's use thereof, except that Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or capital improvement to the Project Premises or with respect to the Premises, or which may require change(s) in or to any equipment the Buildings Systems not exclusively serving and located in the Project as Landlord Premises, compliance with which shall desire be Landlord's sole responsibility unless such alteration or deem necessary improvement to the Premises or as Landlord may be required change to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (ithe Building System(s) emergencies, (ii) repairs, alterations, improvements or additions is required by governmental or quasi-governmental authorities or court order or decreereason of a condition which has been created by, or (iii) at the instance of, Tenant, or is required by reason of a breach of any of Tenant's covenants and agreements hereunder. All repairs which are the obligation of made by Tenant hereunder, any such entry into the Premises shall be made using contractors approved by Landlord which approval shall not be performed in a manner so as not to materially interfere with Tenant's use ofunreasonably withheld, conditioned 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectdelayed.
Appears in 1 contract
Repairs. If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall maintain in first-class condition promptly and operating order diligently, subject to reasonable delays for insurance adjustment, and keep in good repair subject to all other terms of this Article, restore the Premises, the Common Areas and condition the structural portions of the Building, including Project serving the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass Premises and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required assign 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 Landlord all insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable proceeds payable to Tenant as qualified to the Tenant Improvements and conditioned will hereinafter any Alterations to be defined as used solely for restoring such Tenant Improvements and Alterations (and not the "BS/BS Exception"Building or Project in general). Tenant shall, at Tenant's own expense, keep ; provided that if the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors cost of the Building on which restoration of the Premises are locatedTenant Improvements and any Alterations by Landlord exceeds the amount of Tenant’s insurance proceeds therefor, in good orderas assigned by Tenant to Landlord, repair and condition at all times during such excess shall be paid by Tenant (“Tenant’s Contribution”) to Landlord prior to Landlord’s restoration thereof. Notwithstanding the Lease Termforegoing, but Tenant may elect to modify or otherwise reduce the scope of such obligation shall not extend Tenant Improvements or Alterations so as to minimize any Tenant’s Contribution. Subject to the Building Structure and foregoing, such restoration shall be to substantially the Building Systems except pursuant same condition of such items as prior to the BS/BS Exception. In additioncasualty, Tenant shall, at Tenant's own expense, but under the supervision and subject except for modifications (a) required by Law; or (b) to the prior approval of Common Areas reasonably deemed desirable by Landlord, and within any reasonable period which are consistent with the character of time specified by Landlord, promptly and adequately repair all damage the Project. No such modifications shall materially impair use of or access 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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, Common Areas serving the Premises. Tenant hereby waives shall be responsible, at its sole cost and expense, for the repair, restoration, and replacement of Tenant’s Property. Landlord shall not be liable for any and all rights under and benefits loss of subsection 1 business, inconvenience, or annoyance arising from any casualty or any repair or restoration of Section 1932 and Sections 1941 and 1942 any portion of the California Civil Code Premises or under the Project as a result of any similar law, statute, or ordinance now or hereafter in effectdamage from any casualty. All work by Tenant shall be subject to the terms and conditions of Article 11.
Appears in 1 contract
Repairs. Landlord Lessee shall, at its expense, take good care of the premises, which includes, but is not limited to, all electrical, plumbing, heating, air conditioning and other mechanical or machinery installations therein; all doors, as well as all plate glass doors and windows, fixtures and appurtenances therein, and shall maintain make all repairs, alterations, replacements and modifications necessary to keep them in first-class condition and operating as good working order and keep in good repair condition, using material and condition labor of a kind and quality equal to the original work, as they were upon commencement of this Lease, including structural portions repairs when those are necessitated by the act, omission or negligence of Lessee or its agents, employees or invitees. The exterior walls of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass windows and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closetsthe portions of all window xxxxx outside same are not part of the premises demised by this Lease, and Lessor hereby reserves all common rights to such parts of the Building. Lessee shall not abandon or vacate the Demised Premises, shall not permit, license or suffer the occupancy of any other party in the Demised Premises and public shall keep the Demised Premises and sidewalks, service-ways and loading areas adjacent to the Demised Premises neat, clean and free from dirt, rubbish, insects and pests at all times and store all trash and garbage within the Demised Premises, arranging for a regular pick up of such garbage and trash at Lessee’s expense. Lessee shall store all trash and garbage within the area designated by Lessor for such trash pickup and removal and only the receptacles of the size, design and color from time to time prescribed by Lessor. Lessee shall not operate an incinerator or burn trash or garbage within the Center. Lessee agrees, at Lessee’s sole cost and expense (collectivelyi) to comply promptly and fully with all present and future governmental laws, "Building Structure") ordinances, orders, rules and regulations affecting the Base Building mechanicalPremises and/or Lessee’s use thereof, electricalincluding without limitation, life the Americans with Disabilities Act, 42, U.S.C. Section 12111, et. Seq., as amended, and/or the cleanliness, safety, plumbing, sprinkler systems occupancy and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal same; and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear be and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails remain authorized to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant do business in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for samestate in which the Center is located. . Landlord may, but Lessee shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements no alterations or additions to the Premises or erect any exterior signs except as provided for in Exhibit “C” or as may be made with the approval of the governmental entity responsible for approval of signage, without Lessor’s prior written consent. All alterations or additions made with such consent shall be part of the Premises and the property of Lessor, subject to the Project terms of this Lease unless otherwise provided by the instrument of consent. Lessee’s trade fixtures, equipment or to any equipment located in other personal property placed on the Project as Landlord shall desire or deem necessary or as Landlord Premises may be required to do removed by governmental Lessee at any time during the Rental Term; but if installation of any of same in or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into on the Premises by Landlord or the removal therefrom of any thereof could deface structurally alter the Premises, Lessor’s written consent to installation must first be procured and, upon removal, all any damage to the Premises caused thereby shall be performed in a manner so as fully repaired promptly by Lessee at Lessee’s expense. There shall be no outside storage of any kind whatsoever. Notwithstanding anything to the contrary contained herein, Lessee shall not be responsible for roof or structural maintenance except 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, extent the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectsame may be occasioned by Lessee’s negligence.
Appears in 1 contract
Samples: Summary of Agreement (Sancilio Pharmaceuticals Company, Inc.)
Repairs. Landlord A. Sublessor shall maintain in first-class condition and operating order and keep in good repair and condition the structural portions deliver each Phase of the Building, including the foundation, floor/ceiling slabs, roof structure Subleased Premises professionally deep cleaned (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use inclusive of the Premises for other than normal and customary business office operations, unless and carpets to the extent such damage carpets will not be removed by Sublessee as part of their initial improvements) and with the glass panels on top of existing workstations in such Phase removed (“Sublessor’s Work) and otherwise in their current as-is covered by insurance carries condition as of the date of this Sublease. The parties acknowledge and agree that Sublessee is subleasing the Subleased Premises on an “as is” basis, and that Sublessor has made no representations or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation warranties with respect to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors condition of the Building on which Subleased Premises or the Premises are locatedCommon Areas, except as set forth in good orderthis Sublease. Except as expressly provided in this Sublease, repair and condition at all times during the Lease Term, but such Sublessor shall have no 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails whatsoever to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall or pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, any alterations, improvements or additions repairs to the Premises Subleased Premises, including, without limitation, any improvement or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be repair required to do comply with any law. Master Lessor shall be solely responsible for performance of any repairs required to be performed by governmental Master Lessor under the terms of the Master Lease. Sublessee shall maintain and repair the interior non¬structural portions of the Subleased Premises in a good, clean condition, normal wear and tear and damage from casualty or quasi-governmental authority or court order or decree; providedcondemnation excepted, howeverand otherwise in accordance with the Master Certain confidential information contained in this document, except for marked by brackets, has been omitted because it is both (i) emergencies, not material and (ii) repairswould be competitively harmful if publicly disclosed. Lease, alterationsas incorporated herein. Sublessee shall, improvements at its sole cost and expense, maintain a janitorial contract using Sublessor’s preferred vendor or additions required such other vendor approved by governmental Sublessor (which approval shall not be unreasonably withheld, conditioned or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 (iidelayed) and (iii) abovewith a scope of services at least equal to Sublessor’s janitorial scope of services as to typical office space in the Buildings. Subject to Sublessee’s obligations pursuant to this Sublease, Landlord Sublessor shall use commercially reasonable efforts to not materially interfere repair and maintain the Building Systems serving the Subleased Premises and the 120 Common Areas in accordance with Tenant's use of, or access to, the Premises. Tenant hereby waives any terms and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 conditions of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectMaster Lease.
Appears in 1 contract
Samples: Sublease (Zscaler, Inc.)
Repairs. (a) Landlord shall maintain in first-class condition make all necessary repairs to keep the roof, exterior walls, foundation and operating order and keep in good repair and condition the structural portions frame of the Building, including the foundationcommon Building systems, floor/ceiling slabsfixtures and equipment (such as elevators, roof structure (as opposed to roof membrane)common Building heating, curtain wallventilating and air-conditioning systems, exterior glass windows, and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, common Building mechanicaltelecommunications, electrical and telephone closetsplumbing systems, and all common and public areas (collectivelyprovided, "Building Structure") and the Base Building mechanicalhowever, electrical, life safety, plumbing, sprinkler that Landlord shall have no responsibility for any such equipment owned or maintained by tenants or other third parties or any damage to such systems and HVAC systems which were not constructed caused by Tenant Parties (collectively, the "Building Systems"tenants or other third parties) and the Common Areas. Notwithstanding anything Area in this Lease good order and repair, excluding, however, all repairs which Tenant is obligated to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises make or pay for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 this Section 8.1 and to all repairs which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors any other tenant of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend is required to the Building Structure and the Building Systems except make pursuant to the BS/BS Exceptionterms of such tenant’s lease. In additionTenant shall give Landlord prompt notice of any defective condition in any ventilating, Tenant shallair-conditioning, at Tenant's own expenseplumbing, but under heating system, electrical lines or windows located in, servicing or passing through 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 Demised Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but following such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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) abovenotice, Landlord shall use commercially reasonable efforts where practicable to not materially interfere initiate all repairs promptly and to remedy the condition with due diligence, subject to unavoidable delay, but at the expense of Tenant if repairs are necessitated by any act attributable to Tenant's use of, Tenant’s servants, agents, employees, invitees or access tolicensees; provided, however, that no liability of Landlord to Tenant shall accrue hereunder unless and until Tenant has given notice to Landlord of the specific repair to be made. Tenant shall have the right from time to time at its election to test the air quality in the Demised Premises. Such tests shall be at Tenant’s sole cost and expense except that Landlord shall reimburse Tenant hereby waives any the actual and all rights under and benefits reasonable cost of subsection 1 of Section 1932 and Sections 1941 and 1942 of such test in the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectevent the test results show an unacceptable air quality condition according to industry standards reasonably determined.
Appears in 1 contract
Samples: Metropolitan Life (KMG America CORP)
Repairs. Landlord shall maintain and repair the exterior (including window glass) of and the structural and the public portions of the Building and all Building systems servicing the Premises. 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 first-class condition and operating good working order and keep condition, reasonable wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted. Tenant shall reimburse Landlord for all replacements to the lamps, tubes, ballasts and starters in good repair the lighting fixtures installed in the Premises (except with respect to the Landlord’s Work). Notwithstanding the foregoing, all damage or injury to the Premises or, subject to Landlord's direction and condition the structural portions supervision, to any other part of the Building, including or to its fixtures, equipment and appurtenances, whether requiring structural or nonstructural repairs, caused by or resulting from the foundationimproper act, floor/ceiling slabsimproper omission, roof structure (as opposed to roof membrane)neglect or improper conduct of, curtain wallor Alterations made by, exterior glass and mullionsor any work, columnslabor, beamsservice or equipment done for or supplied to, shafts (including elevator shafts)Tenant or any subtenant, fire stairsor the installation, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed use or operation of any property or equipment by Tenant Parties (collectivelyor any of Tenant's subtenants, the "Building Systems") agents, employees, invitees or licensees, shall be repaired promptly by Tenant, at its sole cost and the Common Areas. Notwithstanding anything in this Lease expense, to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use reasonable satisfaction of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception")Landlord. Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation also 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 Building and the Premises caused by the moving of Tenant's fixtures, furniture or equipment (normal wear and replace tear excepted). All the aforesaid repairs shall be of quality and class equal to the original work or repair all damaged, brokenconstruction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after thirty (30) days notice to proceed with due diligence to make repairs required to be made by Tenant hereunder, or worn fixtures and appurtenances, but such obligation shall not extend if Landlord elects to make any repairs in or to the Building Structure 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 Building Systems except (i) pursuant to out-of-pocket expenses thereof incurred by Landlord shall be collectible by Landlord as Additional Rent promptly after rendition of a xxxx or statement therefor. Tenant shall give Landlord prompt notice upon its obtaining actual knowledge of any defective condition in the BS/BS ExceptionPremises for which Landlord may be responsible hereunder. Except as expressly provided in Article 10 hereof, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice there shall be no allowance to Tenant for a diminution of rental value and Tenant's failure no liability on the part of Landlord by reason of inconvenience, annoyance or injury to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties business arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required toTenant or others making, enter the Premises at all reasonable times or failing to make such make, any repairs, alterations, additions or improvements or additions to the Premises or to the Project in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment located in thereof. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein. If at any time any windows of the Project as Landlord shall desire Premises are temporarily or deem necessary permanently closed, darkened or as Landlord may be required to do by governmental or quasibricked-governmental authority or court order or decree; providedup, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions if required by governmental law or quasi-governmental authorities or court order or decree, or (iii) repairs which are related to any construction upon property adjacent to the obligation of Tenant hereunder, any such entry into the Premises Real Property 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) aboveothers, 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, provided, that Landlord agrees to use commercially reasonable efforts not to not materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives cause same and to complete in an expeditious manner any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 work which would cause any windows of the California Civil Code Premises to be temporarily closed, darkened or under any similar law, statute, or ordinance now or hereafter in effectbricked up.
Appears in 1 contract
Repairs. Landlord Lessee will, at all times, keep the Premises neat, clean and in a sanitary condition. Lessor, at its sole expense, shall maintain in first-class condition repair the roof structure, walls and operating order and keep in good repair and condition the structural portions foundation of the Buildingdemised Premises, 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closetsunless Lessee is responsible for such damage, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant provided however that Lessee shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant notify Lessor in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to event any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation Lessor's responsibility are necessitated. All other repairs to Lessee's Premises shall be at Lessee's sole cost and expense. Lessor agrees to repair and maintain the common area, parking area and landscaping of Tenant hereunderthe entire building on the Property described in Exhibit "A", Lessee agrees to be responsible to pay such common expenses incurred by Lessor, which includes all Common Areas. Except for reasonable wear and tear and damage by fire, windstorm and Acts of God, or other similar casualty, Lessee will at all times preserve said Premises in as good repair as they now are or may hereafter be put to. Lessee agrees that at the expiration or sooner termination of this Lease, Lessee will quit and surrender said Premises without notice and in a neat and clean condition and will deliver up all keys belonging to said Premises to the Lessor or Lessor's agent. Lessee shall have heating and ventilation equipment and overhead doors serviced and maintained by qualified service contractors, at its sole expense, on a regular basis. Lessor reserves for itself and its employees or contractors, and Lessee covenants to permit Lessor or its agents, employees or contractors, to enter any such entry into and all portions of the Premises by Landlord at any and all reasonable times with reasonable notice to make such repairs as shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, necessary for the Premises; provided that, with respect to items (ii) safety and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, preservation of the Premises. Tenant hereby waives Nothing herein shall imply any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code duty by Lessor to make any such repairs or do any other work that under any similar lawprovision of this Lease, statuteLessee is required to perform, and the performance hereof by Lessor shall not constitute a waiver of Lessee's default, nor shall the obligation of Lessee under this Lease be thereby affected in any manner. Furthermore Lessor during the progress of such repairs or ordinance now other work may keep and store on the demised Premises all necessary material, tools and equipment, and Lessor shall in no event be liable for disturbance, inconvenience, annoyance, loss of business or hereafter other damage to Lessee or any assignees or sublessee's under the Lease by making such repairs or performing any such work on or in effectthe demised Premises or on account of bringing materials, supplies and equipment into or through the Premises during the course of such work. Lessor shall use his best efforts to minimize the inconvenience to Lessee, and to perform necessary repairs in a timely manner.
Appears in 1 contract
Samples: Agreement (Rodi Power Systems Inc)
Repairs. Except to the extent Landlord shall maintain in firstis expressly obligated under this Lease, and subject to Paragraphs 16(g) and 21, Tenant, shall, throughout the Term of this Lease, keep the interior, non-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such which repair obligations shall include, without limitation, the 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 interior, non-structural portions of the Premises and replace or repair all damageddamaged or broken fixtures, brokentogether with all portions of the HVAC, electrical, plumbing, and lab systems solely serving the Premises from the point that such systems solely serve the Premises and all portions of all fume hoods and other exhaust systems located within the Premises (all such systems collectively being referred to as the “Premises Systems”), in good condition and repair. Tenant’s obligations shall include restorations, replacements or worn fixtures renewals, including capital expenditures for restorations, replacements or renewals which will have an expected life beyond the Term, when necessary to keep the Premises and appurtenancesall improvements thereon or a part thereof and the Premises Systems in good order, but such obligation condition and repair and in compliance with all applicable laws. Tenant’s maintenance of the Premises Systems shall not extend comply with the manufacturers’ recommended operating and maintenance procedures. Tenant shall enter into and pay for industry standard maintenance contracts for the HVAC system installed by Tenant that solely serves the ground floor portion of the Premises (“Tenant’s Dedicated HVAC”) in accordance with the manufacturers’ recommended operating and maintenance procedures. Such maintenance contracts shall be with reputable contractors, reasonably satisfactory to Landlord. Tenant shall be solely responsible for the cost of all improvements or alterations to the Building Structure and Premises that are required by Tenant’s specific use of the Building Systems except (i) pursuant Premises and/or triggered by reason of alterations or improvements to the BS/BS ExceptionPremises made by Tenant or the Premises Systems. Notwithstanding the foregoing, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairsrepairs and the same constitutes a Tenant’s Default under Paragraph 25(c), Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacementsrepairs, and Tenant shall pay Landlord the cost actual, documented out-of-pocket costs thereof. Subject to Paragraphs 16(g) and 21, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable BuildingsBuilding) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's ’s involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but Tenant shall not be required to, enter also repair all damage to the Building and the Premises at caused by the moving of Tenant’s fixtures, furniture and equipment. Subject to Paragraphs 16(g) and 21, Landlord shall maintain in good working order, condition and repair the exterior and the structural portions of the Building (including all reasonable times foundations, floor and ceiling slabs, load bearing walls, roof and roof membrane), including the structural portions of the Premises, and the public portions (i.e., common areas) of the Building interior and the Land, the parking facilities serving the Building, and the Building plumbing, sewer, electrical, heating, air conditioning and ventilating systems serving the Premises. If Tenant acquires actual knowledge of any condition in the Premises which Tenant believes this Paragraph obligates Landlord to make such repair, Tenant will promptly give Landlord notice thereof. Except as otherwise provided in Paragraph 12, 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 making repairs, alterations, additions or improvements (collectively, the “Work”) in or additions to any portion of the Building or the Premises or in and to the Project fixtures, appurtenances or equipment thereof. It is specifically agreed that, except as specifically set forth in Paragraph 12 hereof, Tenant shall not be entitled to any equipment located in setoff or reduction of Rent by reason of any failure of Landlord to comply with the Project as Landlord shall desire covenants of this or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation any other article of Tenant hereunder, 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectthis Lease.
Appears in 1 contract
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the interior non-structural portions of the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's ’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 non-casualty damage to the interior non-structural portions of 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's ’s option, or if Tenant fails to make such repairsrepairs within fifteen (15) days following written notice thereof from Landlord, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's ’s involvement with such repairs and replacements forthwith upon being billed for same. Notwithstanding the foregoing, Landlord shall be responsible for repairs to and replacements of the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the systems and PARK PLACE AT BAY XXXXXXX ZS Pharma, Inc. equipment of the Building (including the Building systems serving the Premises), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that subject to the terms of Section 10.5 below, if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Samples: Office Lease (ZS Pharma, Inc.)
Repairs. Tenant shall give to Landlord shall maintain prompt written notice of any damage to, or defective condition in first-class condition and operating order and keep the Building structure or in good repair and condition the structural portions any part or appurtenance 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical’s plumbing, electrical, life safetyheating, plumbingair-conditioning, sprinkler ventilation, sprinkler, elevator or other systems and HVAC systems which were not constructed by Tenant Parties (collectivelyserving, located in, or passing through the "Building Systems") and the Common AreasPremises. Notwithstanding anything in this Lease Subject to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use provisions of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In additionthis Section 12, Tenant shall, at Tenant's ’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 keep the Premises in good order, condition and replace or repair all damagedduring the term, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, thatthat Landlord, at Landlord's option’s expense (unless caused by the fault or negligence of Tenant, its contractors, agents, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and employees in which case Tenant shall pay Landlord for any deductible and 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 maintain the cost thereofexterior 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 (except those installed by Tenant with Landlord’s approval), outside walls, including a percentage of the cost thereof windows, loadbearing walls (except as to be uniformly established for the Building and/or the Projectsurface damage done by or attributable to Tenant) and doors and roof. Tenant, at Tenant’s expense, shall comply with all laws and ordinances, and to be reasonably consistent with similar percentages paid for such services by tenant all rules and regulations of all governmental authorities and of all insurance bodies at any time in the Comparable Buildings) sufficient to reimburse Landlord for all overheadforce, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions applicable to the Premises or to Tenant’s use thereof, except that Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Project Premises, unless such alteration is required by reason of a condition which has been created by, or to at the instance of, Tenant, or is required by reason of a breach of any equipment located in the Project as of Tenant’s covenants and agreements hereunder. Landlord shall desire or deem necessary or as Landlord may not be required to do repair any injury or damage by governmental fire or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decreeother cause, or (iii) to make any repairs which are the obligation or replacements of Tenant hereunderany panels, decoration, office fixtures, railing, ceiling, floor covering, partitions, or any such entry into other property installed in the Premises by Tenant unless such injury or damage is a direct result of negligence on the part of Landlord shall be performed in a manner so as or its contractors, agents or employees, and Tenant is not to materially interfere with Tenant's use of, reimbursed for such injury 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectdamage from insurance proceeds.
Appears in 1 contract
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the Premises, Premises (including all improvements, fixtures and furnishings therein, and and, to the extent within the demising wall envelope of the Premises, the floor or floors of the Building on which the Premises are located), in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend except for damage caused by ordinary wear and tear or, subject to the Building Structure and TCCs of Article 11, fire or other casualty beyond the Building Systems except pursuant to the BS/BS Exceptionreasonable control of Tenant. In addition, Tenant shall, at Tenant's ’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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or, subject to the TCCs of Article 11, fire or other casualty beyond the reasonable control of Tenant; provided however, that, at Landlord's ’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's ’s failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's ’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 structural portions of the floors of the Building, and the systems and equipment of the Building; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's ’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 ’s use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
Appears in 1 contract
Repairs. (a) Landlord shall maintain in first-class condition be responsible at its sole cost and operating order and keep in good repair and condition the structural portions expense for any replacement as it deems necessary or advisable of the Building, including the foundation, floor/ceiling slabs, roof structure and structural components (as opposed to roof membrane), curtain walli.e., exterior glass walls and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure"foundation) and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on in which the Premises are locatedlocated and for the replacement as it deems necessary or advisable of the heating, in good order, repair ventilating 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 air conditioning systems 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 ("HVAC System"). Landlord shall perform such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the work after reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs at a time and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere minimize the disruption of or interference with Tenant's use of, normal conduct of business or access toto the Premises and in conformance with all security requirements reasonably imposed upon the Premises by the Tenant, but nothing contained herein shall require Landlord to incur overtime expenses for any such work. Except as set forth in the preceding paragraph, Tenant shall, commencing on the Commencement Date and thereafter at all times, be solely responsible at its sole cost and expense for keeping each and every element of every kind and nature of the Premises and the Building thereon repaired, maintained, replaced or added to so as to maintain the same in good order, in sanitary and safe condition and repair, and in compliance with all governmental laws, ordinances, codes and other requirements and all insurance requirements. Those elements of the Premises for which Tenant shall be responsible include, by way of example and not limitation, the Premises; following, except as otherwise provided thatin paragraph (a) above: all repairs and replacements to and maintenance of the Building, its mechanical, electrical and plumbing systems, fixtures and other improvements and the HVAC system and elevators (each of which shall be maintained and repaired by a service company reasonably acceptable to Tenant, pursuant to a contract reasonably acceptable to Tenant) and all grounds, sidewalks and parking areas, including snow and ice removal. All such costs incurred by Tenant in connection with this paragraph shall be deemed Operating Expenses. Except for Landlord's replacement obligations as expressly set out in the paragraph above, this Lease shall be absolute net to Landlord, with respect to items (ii) and (iii) aboveno right whatsoever by Tenant of setoff, deduction or recoupment. Landlord shall use commercially reasonable efforts to not materially interfere assess Tenant any management or administrative fees in connection with Tenant's use of, or access to, the Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectthis Lease.
Appears in 1 contract
Repairs. Landlord shall Tenant agrees at all times from and after delivery of possession of the Premises to Tenant, and at its own cost and expense, to repair and maintain in first-class condition the Premises and operating order and keep every part thereof in good repair and tenable condition including, but not limited to, floor coverings, utility meters, pipes and conduits exclusively serving the Premises, all fixtures, heating and air conditioning equipment and ducting installed by Landlord in the Premises, and all other equipment therein, the storefront or storefronts including plate glass, all Tenant's signs and signage, locks and closing devices, and all window sash, casement or frames, doors and door frames, ceilings, ceiling tiles and lighting, and all items of repair, maintenance and improvement or reconstruction as may at any time or from time to time be required with respect to the Premises by any governmental agency having jurisdiction, but excluding the roof structure, exterior walls, structural portions of the BuildingPremises and structural floor, which are the sole responsibility of the Landlord, unless the same are required to be modified because of Tenant's use of the Premises or Tenant's alterations, improvements, additions, fixtures or personal property. Tenant agrees to operate the air conditioning equipment serving the Premises during all business hours so that inside temperatures of the Premises are maintained within a range in which a majority of adults will be comfortable in the Premises. All glass, both exterior and interior, shall be maintained at Tenant's sole cost and expense, and any glass broken shall be promptly replaced by Tenant with glass of the same kind, size and quality. Tenant's failure to replace broken glass within seventy-two (72) hours following the occurrence of the breakage, or the failure by Tenant to replace same with glass of the same kind, size and quality, shall constitute a breach hereof which shall, at Landlord's sole and arbitrary discretion, entitle Landlord to exercise any and all rights herein and any and all legal and equitable rights available to Landlord in connection therewith. The foregoing notwithstanding, Tenant shall not be permitted to (i) go onto the roof of the Premises without Landlord's prior written approval, (ii) penetrate the roof membrane without Landlord's prior approval and, upon obtaining such approval, only by using Landlord's approved roofing contractor, or (iii) make any repairs to the structural portion of the building or to any common building systems. If Xxxxxx refuses or neglects to make repairs and/or maintain the Premises, or any portion thereof, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membraneXxxxxx's storefront(s), curtain wallin a manner reasonably satisfactory to Landlord, exterior glass Landlord shall have the right, upon giving Tenant written notice of its election to do so, to make such repairs or perform such maintenance on behalf of and mullionsfor the account of Tenant. In such event, columnsthe cost of such work shall be paid by Tenant promptly upon receipt of bills therefor. Failure of Tenant to pay any of said charges within ten (10) days of receipt of bills therefor shall constitute a default hereunder. Upon any surrender of the Premises, beamsXxxxxx shall deliver the Premises to Landlord, shafts (including elevator shafts)upon the expiration or earlier termination of this Lease, fire stairsin good order, parking areascondition and state of repair, landscaping, exterior Project signage, stairwells, elevator cab, men's ordinary wear and women's washrooms, Building mechanical, electrical and telephone closetstear excepted, and all common excepting such items of repair as may be Landlord's obligation hereunder. Moreover, in the event that Xxxxxx has signage rights on the Building under this Lease, then, upon any surrender of the Premises, Tenant shall also remove any such signage and public areas (collectively, "deliver such portion of the Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areasto Landlord in its/their original condition. Air Cargo Lease A-Mark 2014 - 14 - AIR CARGO CENTER LEASE Notwithstanding anything in any provision of this Lease to the contrary, Tenant shall be required keep in good order and repair all heating and air conditioning equipment for the Premises. Xxxxxx agrees to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable enter into a regularly scheduled preventative maintenance/service contract (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BSService Contract") on or before the Lease Commencement Date with a maintenance contractor selected by Landlord, for the servicing of all heating and air conditioning systems and equipment within the Premises. The Service Contract shall include all scheduled maintenance as recommended by the equipment manufacturer as set forth in the operation/BS Exception")maintenance manual. Tenant shallNotwithstanding the foregoing, at Tenant's own expense, keep Landlord may (but shall not be obligated to) elect to maintain and/or service the heating and air conditioning equipment serving the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on in which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In additionevent, Tenant shallshall pay to Landlord all costs and expenses for the repair, at Tenant's own expensemaintenance and replacement of all heating and air conditioning equipment for the Premises. If Landlord shall so elect to maintain the heating and air condition equipment serving the Premises, 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, thatthen, at Landlord's option, commencing on the Lease Commencement Date and thereafter on the first (1st) day of each calendar month of the Lease Term, Tenant shall pay to Landlord one-twelfth (1/12) of an amount estimated by Landlord to be Tenant's share of such heating and air conditioning expenses for the ensuing calendar year or if Tenant fails to make such repairsbalance thereof (including reasonable reserves). On or before April 1 of each calendar year, or as soon thereafter as practicable, Landlord may, after written notice shall furnish Tenant a statement covering the preceding calendar year and the payments made by Tenant with respect to Tenant and such calendar year as set forth above. If Tenant's failure to repair within five (5) days thereaftershare of such heating and air conditioning expenses exceeds Tenant's payments so made, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereofdeficiency within ten (10) days after receipt of Landlord's statement. If Xxxxxx's payments exceed Xxxxxx's share of such heating and air conditioning expenses, including a percentage Landlord shall have the option of (i) paying such excess to Tenant upon Landlord's delivery of such statement; or (ii) allowing Tenant to credit the excess against payments next thereafter to become due to Landlord for such expenses as set forth above. Failure of Tenant to pay any of the cost thereof (charges required by this Section to be uniformly established paid when due shall constitute a material default under the terms of this Lease. Expenses incurred in connection with the operation, maintenance, repair and replacement of heating and air conditioning equipment by the party performing same shall include, but not be limited to, all sums expended in connection with such heating and air conditioning equipment for all general maintenance, lubrication and/or adjustments, cleaning and/or replacing filters, replacing belts, repairing and/or replacing worn out parts, repairing and/or replacing utilities, duct work and machinery, maintenance and insurance contracts carried on the Building and/or the Projectheating and air conditioning equipment, and all other items of expense incurred by such party in connection with the operation, maintenance, repair and replacement of the heating and air conditioning equipment. Landlord shall maintain and repair, or cause to be reasonably consistent with similar percentages paid for repaired and maintained, in good condition and repair, the Common Areas of the Project and the foundations, exterior structural walls, and structural roof of the Building; provided, to the extent that such services maintenance and repairs are caused by tenant in the Comparable Buildingsnegligence, willful misconduct, or breach of this Lease by Tenant or its employees, agents, representatives, contractors, or invitees, Tenant shall pay to Landlord as Additional Rent the reasonable cost of such maintenance and repairs plus a reasonable percentage not to exceed fifteen percent (15%) sufficient of the costs thereof to reimburse Landlord for all overhead, general conditions, fees fees, and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon within five (5) days after being billed for the same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times Tenant waives and releases its right to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenantat Landlord'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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or expense under any similar law, statute, or ordinance now or hereafter in effect.. There shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Xxxxxx's business arising from the making of or failure to make any repairs, alterations, or improvements in or to any portion of the Project or the Premises or in or to fixtures, appurtenances, and equipment therein. Air Cargo Lease A-Mark 2014 - 15 - AIR CARGO CENTER LEASE
Appears in 1 contract
Samples: Work Letter Agreement (A-Mark Precious Metals, Inc.)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures and furnishings thereinfixtures, furnishings, and the floor or floors of the Building on which systems and equipment within the Premises are locatedor elsewhere exclusively serving the Premises, 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 ’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlordtime, 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 (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenanttear; provided however, that, at Landlord's option, or that if Tenant fails to make such repairsrepairs within applicable notice and cure periods, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage management fee of 5% of such costs. Without limitation, Tenant shall be responsible for electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (to the extent serving Tenant exclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the cost thereof Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas (to be uniformly established for the Building and/or extent not serving Tenant exclusively), except to the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with extent that such repairs and replacements forthwith upon being billed for sameare required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. . Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord 176640186.8 373606-000050 shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi-quasi- governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation . Landlord shall comply with all reasonable and nondiscriminatory requirements of Tenant hereunder, any such entry into when accessing the Premises by Landlord shall be performed provided such requirements are intended, in a manner so as not good faith, for the purpose of protecting Tenant’s work, proprietary information and any other sensitive matter pertaining 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’s Permitted Use. Tenant hereby waives any and all rights releases its right to make repairs at Landlord’s expense under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling exclusively serving the Premises from the Building’s network cabling.
Appears in 1 contract
Samples: Lease (Organovo Holdings, Inc.)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the 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), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant's use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's ’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and furnishings thereinequipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, 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 ’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's ’s option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent Landlord’s standard administrative charge in connection with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's ’s involvement with such repairs and replacements replacements, forthwith upon being billed for same. All repairs performed by Tenant hereunder shall be made in conformance with Landlord’s standard construction rules and regulations. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof of the Building, the structural portions of the floors of the Building, and the Building Systems, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Landlord may, but shall not be required to, enter the Premises at all reasonable times and with one day’s advance notice except in an emergency to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided. To the fullest extent permitted by law, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives and releases any and all rights under and benefits it may have at law or in equity to make repairs at the expense of subsection 1 of Section 1932 and Sections 1941 and 1942 of Landlord or in lieu thereof to vacate the California Civil Code or under Premises as may be provided by any similar law, statute, statute or ordinance now or hereafter in effect.. The “
Appears in 1 contract
Samples: Office Lease (Cision Ltd.)
Repairs. Landlord shall maintain, at its expense, the structural soundness of the roof, foundation, and exterior walls of the Building in good repair, reasonable wear and tear and damages, caused by Tenant, its agents, invitees and contractors, excepted. The term “walls” as used in this paragraph shall not include windows, doors, store-fronts, overhead doors, dock bumpers, dock seals, dock plates, or’ dock levelers. Tenant shall promptly give Landlord written notice of any repair required by Landlord, and Landlord shall proceed with due diligence to make such repair. Tenant, at its expense, shall repair, replace and maintain in first-class condition good condition, reasonable wear and operating order tear and keep in good damages caused by Landlord, its agents, invitees and contractors excepted, all portions of the Premises and all areas, improvements and systems exclusively serving the Premises, including, without limitation, dock and loading areas, truck doors, plumbing, water and sewer lines up to points of common connection, fire protection systems, entries, doors, ceilings, roof membrane, windows, interior walls, demising walls, HVAC systems, and evaporative coolers. Such repairs and replacements may include capital expenditures whose benefit may extend beyond the Lease Term. If Tenant fails to perform any repair or replacement for which it is responsible within thirty (30) days after written notice from Landlord to Tenant, Landlord may perform such work and condition the structural be reimbursed by Tenant for actual expenses reasonably incurred within thirty. (30) days after being provided a written demand, together with invoices and other evidence of such expenses. If any of Tenant’s obligations hereunder affect other tenants or portions of the Building/Project, including Landlord may perform the foundation, floor/ceiling slabs, roof structure (repair or replacement and include the cost as opposed part of Operating Expenses or allocate the cost to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), fire stairs, parking areas, landscaping, exterior Project signage, stairwells, elevator cab, men's and women's washrooms, Building mechanical, electrical and telephone closets, and all common and public areas (collectively, "Building Structure") and the Base Building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which were not constructed by Tenant Parties (collectively, the "Building Systems") and the Common Areastenants as may be appropriate. Notwithstanding anything in this Lease to the contrary, Tenant shall be required enter into a maintenance service contract with a vendor reasonably acceptable to repair Landlord to periodically service the Building Structure and/or HVAC and evaporative coolers in the Building Systems to the extent caused due to Tenant's use Premises in accordance with a scope of services reasonably prescribed by Landlord. Tenant shall supply Landlord a copy of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver contract upon request as evidence of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the "BS/BS Exception"). Tenant shall, at Tenant's own expense, keep the Premises, including all improvements, fixtures and furnishings therein, and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except (i) pursuant to the BS/BS Exception, and/or (ii) for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord's option, or if Tenant fails to make such repairs, Landlord may, after written notice to Tenant and Tenant's failure to repair within five (5) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project, and to be reasonably consistent with similar percentages paid for such services by tenant in the Comparable Buildings) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses paid to third parties arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. . Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord 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 hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effectcompliance.
Appears in 1 contract
Samples: Lease Agreement (Dirtt Environmental Solutions LTD)
