Repairs. In the event of a breakdown of the electrical or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.
Appears in 3 contracts
Sources: Sub Lease/Rental Contract, Sub Lease/Rental Contract, Sub Lease/Rental Contract
Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a breakdown Premises, including all improvements, fixtures, furnishings, and systems and equipment to the extent located therein (including plumbing fixtures and equipment such as dishwashers, garbage disposals, refrigerators, coffee makers and Insta Hot and similar dispensers), and the portion of the electrical floor or mechanical systemsfloors of the Building on which the Premises are located, LANDLORD in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a fifteen percent (15%) supervisory fee forthwith upon being billed therefor. 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 liable for damages required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees additions to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted to the Project or to any equipment located in the residential complex by SUBTENANT. SUBTENANT Project as Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber desire or deem necessary or as Landlord may be required to unclog do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the toilet(s) and it is found to be SUBTENANT’S faultCalifornia Civil Code or under any similar law, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations tostatute, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was ordinance now or hereafter in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premiseseffect.
Appears in 3 contracts
Sources: Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals, Inc.), Office Lease (Tracon Pharmaceuticals Inc)
Repairs. The Landlord warrants that all mechanical, electrical and HVAC systems in the Premises are in good working order, subject to normal wear and tear, as of the Effective Date. Landlord shall make all necessary repairs and replacements to the building in which the demised premises are located, and to the common areas and electrical systems located therein, and Landlord shall also make all repairs to the demised premises which are structural in nature or required due to fire, casualty or other act of God; provided, however that Tenant shall make all repairs and replacements arising from its act, neglect or default. Tenant shall keep the demised premises in good repair, and Tenant shall upon the expiration of the term of this Lease, yield and deliver up the demised premises in like condition as when taken, reasonable use and wear thereof and repairs required to be made by Landlord excepted. In the event of a breakdown that the Landlord shall deem it necessary or be required by any governmental authority to alter, repair, remove, reconstruct or improve any part of the electrical demised premises or mechanical systemsof the building in which the demised premises are located (unless the same result from Tenant’s act, LANDLORD neglect, default or mode of operation in which event Tenant shall make all such repairs, alterations and improvements), then the same shall be made by the Landlord with reasonable dispatch, however, such obligation of Tenant shall not be liable for damages extend to maintenance, repairs or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligencereplacements necessitated by the intentional wrongdoing or gross negligence of Landlord. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises all or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants part of the Premises are unfit for occupancy by reason of: 1) damage or persons who are permitted destruction for which the Tenant is not responsible hereunder; or 2) repairs, alterations, or improvements commenced by Landlord if it deems necessary in the residential complex its sole discretion or if required by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S faultgovernmental authority, the charge Base Rent from the date the Premises are unfit for occupancy until the plumber Premises are fit for occupancy will be abated in proportion to the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate ratio that the Premises, without LANDLORD’s prior written approval and shall, upon termination portion of tenancy, remove any alterations and decorating and restore the Premises that is unfit for occupancy bears to that portion of the Premises that is fit for occupancy. If repairs, improvements, alterations, reconstruction, etc. to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall Premises cannot be completed within ninety (90) days, the subject of any legal proceeding Tenant may, at its option, terminate this Lease and the Landlord shall immediately refund to Tenant all unearned rent and other charges paid in advance by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice Tenant to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesLandlord.
Appears in 3 contracts
Sources: Commercial Lease Agreement (Amesite Operating Co), Commercial Lease Agreement (Amesite Inc.), Commercial Lease Agreement (Amesite Inc.)
Repairs. In (a) Landlord shall perform all maintenance, replacements and repairs necessary to maintain the event roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a breakdown reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises from the gross negligence or wilful and wanton misconduct of Landlord or its employees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party). Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or mechanical systemsconduits at the Building; (ii) to the glass windows, LANDLORD plate glass doors, and any fixtures or appurtenances composed of glass and which are located within the Leased Space; (iii) to Tenant’s sign(s); and (iv) to any heating or air conditioning equipment installed in the Building. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials famished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers who furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable for damages by reason of any injury to or personal discomfort; howeverinterference with Tenant’s business arising from the making of any repairs, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDalterations, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises additions or improvements in a reasonable state of cleanliness and shall be liable for the costs of repair of damage or to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toLeased Space, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove Building or Center or to any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs appurtenances or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesequipment therein.
Appears in 3 contracts
Sources: Lease Agreement (Castle Creek Biosciences, Inc.), Lease Agreement (Castle Creek Biosciences, Inc.), Lease Agreement (Isolagen Inc)
Repairs. In Tenant shall, at Tenant’s own expense, keep the event of a breakdown Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), or elsewhere exclusively serving the Premises, and the floor or floors of the electrical Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or mechanical repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’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 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 liable for damages required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees additions to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted to the Project or to any equipment located in the residential complex by SUBTENANT. SUBTENANT Project as Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber deem necessary or as Landlord may be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, do by governmental or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via equasi-mail, of any repairs governmental authority or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance court order or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesdecree.
Appears in 2 contracts
Sources: Lease Agreement (Jounce Therapeutics, Inc.), Lease Agreement (Jounce Therapeutics, Inc.)
Repairs. In Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the event of a breakdown structural portions of the Building, including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, landscaping, exterior Project signage (specifically excluding any signage of Tenant provided pursuant to the terms of this Lease), base building stairwells, elevator cabs, plazas, art work, sculptures, men’s and women’s public restrooms, parking areas, Building mechanical, electrical and telephone closets, and all Common Areas and public areas, including base building restrooms and parking areas servicing the Building and/or the Project (collectively, the “Building Structure”) and the base building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems excepting any portion thereof located within the Premises which was constructed by or mechanical systemsfor Tenant and/or which exclusively services the Premises (collectively, LANDLORD the “Building Systems”). Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for all costs to repair the Building Structure and/or Building Systems to the extent required because of Tenant’s use of the Premises for other than normal and customary general office use, or as a result of damage caused by Tenant’s negligence or willful misconduct. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein and exclusively servicing the Premises (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be liable for damages required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees additions to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted to the Project or to any equipment located in the residential complex by SUBTENANT. SUBTENANT Project as Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber desire or deem necessary or as Landlord may be required to unclog the toilet(s) do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases any and all rights it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of have at law or before a tribunal in equity to make repairs at the expense of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.Landlord
Appears in 2 contracts
Sources: Office Lease (Apptio Inc), Office Lease (Apptio Inc)
Repairs. In If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment, and subject to all other terms of this Article, restore the event base, shell, and core of the 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 breakdown mortgage on the Building, or the lessor of a ground or underlying lease with respect to the Property; or (c) to the Common Areas reasonably deemed desirable by Landlord, and which are consistent with the character of the electrical or mechanical systemsProject. No such modifications shall materially impair access to the Premises and any Common Areas serving the Premises. Tenant shall be responsible, LANDLORD 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 Tenant’s Property. Landlord shall not be liable for damages or personal discomfort; howeverany loss of business, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toinconvenience, or decorate annoyance arising from any repair or restoration of any portion of the Premises, without LANDLORDthe Building, or the Project as a result of any damage from any casualty. Following Landlord’s prior written approval and shallrepair of the Premises, upon termination of tenancy, remove any alterations and decorating Tenant shall repair and restore the Premises any improvements installed by Tenant to substantially the same condition as it was in on prior to the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANTcasualty, except for modifications required by Law. All work by Tenant shall be subject to the conditions set forth in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesthis Lease governing alterations and additions.
Appears in 2 contracts
Sources: Office Lease (Eargo, Inc.), Office Lease (Quality Systems Inc)
Repairs. In Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the event of a breakdown 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 mechanical systemsrequired 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, LANDLORD 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 liable for damages required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees additions to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted to the Project or to any equipment located in the residential complex by SUBTENANT. SUBTENANT Project as Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber desire or deem necessary or as Landlord may be required to unclog 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 toilet(sobligation 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 it is found (iii) above, Landlord shall use commercially reasonable efforts to be SUBTENANT’S faultnot materially interfere with Tenant's use of, or access to, the charge for Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make California Civil Code or under any alterations tosimilar law, statute, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was ordinance now or hereafter in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premiseseffect.
Appears in 2 contracts
Sources: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc)
Repairs. 14.1. Landlord shall make all repairs necessary to maintain the Building roof, exterior walls, foundation and structure and the plumbing, heating, air conditioning and electrical systems, windows and floors (excluding carpeting and tile) of the Demised Premises installed by Landlord, as promptly as reasonably possible following written notice from Tenant that such repair is needed; provided however that Landlord shall undertake such repairs within thirty (30) days of receipt of such notice and diligently prosecute same to completion. In no event shall Landlord be obligated to repair any damage to the Demised Premises caused by any act, omission or negligence of Tenant or its employees, agents, invitees, licensees, subtenants or contractors except at Tenant’s expense. Notwithstanding anything to the contrary in this Lease, Tenant shall be responsible, at its sole cost and expense, for all maintenance, repairs and replacements necessary for the Tenant Improvements (as such term is defined in the Work Letter attached hereto as Exhibit “B”).
14.2. Except as the Landlord is obligated for repairs as provided above, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Demised Premises and shall keep the Demised Premises and the fixtures therein in neat and orderly condition. If the Tenant refuses or neglects to make such repairs, or fails to diligently prosecute the same to completion, after thirty (30) days written notice from Landlord of the need therefor (except that such notice and thirty (30) day period shall not be required in the event of a breakdown an emergency), Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials furnished in, on or about the Demised Premises shall be performed and furnished by Tenant in strict compliance with all applicable Governmental Requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Center, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the electrical foregoing, Landlord shall have the right to reasonably approve any and all contractors and suppliers to furnish materials and labor for such repairs.
14.3. Provided that Landlord uses reasonable efforts not to materially interfere with or mechanical systemsinterrupt Tenant’s business in the Demised Premises, LANDLORD Landlord shall not be liable by reason of any injury to or interference with Tenant’s business arising from the making or not making of any repairs, alterations, additions, or improvements in or to the Demised Premises, or the Center, or to any appurtenances or equipment therein. Landlord shall not be liable for damages any failure of any utility service, but shall make its best efforts to repair such failure as quickly as possible. Notwithstanding the foregoing, in the event of an interruption of services that is within Landlord’s reasonable control and does not result from any equipment or personal discomfort; howeversystems installed by Tenant and lasts in excess of three (3) business days, LANDLORD Tenant’s rent shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT following proportions: (i) if the office space is rendered untenantable and unusable, 15% of rent shall also be responsible for replacing all light bulbs ▇▇▇▇▇ from the first (1st) business day of interruption until normal service has been restored; and unclogging (ii) if the lab space is untenantable and unusable, 70% of toilets. Should a plumber be required rent shall ▇▇▇▇▇ from the first (1st) business day of interruption until normal service has been restored, except that if Tenant is able to unclog use at least one (1) biology lab and one (1) chemistry lab, then only 25% of rent shall so ▇▇▇▇▇; provided that in each instance, Tenant does not in fact use the toilet(s) Demised Premises during such time and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written Tenant promptly provides notice to LANDLORD Landlord of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisessuch interruption.
Appears in 2 contracts
Sources: Commercial Lease Agreement (Trevena Inc), Commercial Lease Agreement (Trevena Inc)
Repairs. In (a) Tenant, at its expense, shall take good care of and repair the event of a breakdown interior of the electrical Demised Premises and fixtures and appurtenances located therein and replace all light bulbs. Landlord, at its expense, shall take care of, and keep in repair and good order and condition, all exterior and structural portions (including the foundations, walls roofs, windows and structural portions of the ceiling and floors) and all light fixtures. All such repairs and maintenance shall be performed promptly and in a substantial and workmanlike manner. All damage or mechanical systemsinjury to the Demised Premises and to its fixtures, LANDLORD appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, or from any other cause of any other kind or nature whatsoever due to the neglect, improper conduct of, or other cause by Tenant, its servants, or employees, shall be repaired, restored or replaced by Landlord at Tenant's sole cost and expense (except for loss or damage or other insured against risks contained in fire insurance policies with standard extended coverage, whether or not said insurance is actually purchased.) Tenant shall not place a load upon any floor of the Demised Premises exceeding the floor load per square foot area which such floor was designed to carry.
(b) During the progress of any work in the Demised Premises performed by the Landlord pursuant to the provisions hereof, Landlord may keep and store therein all necessary materials, tools, supplies, and equipment. Landlord shall not be liable for damages inconvenience, annoyance, disturbance, loss of business or personal discomfort; however, LANDLORD shall carry out other damage of Tenant or any subtenant by reason of making such repairs with reasonable diligence. If SUBTENANT hires a service person without the consent or performance of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations tosuch work, or decorate on account of bringing materials, tools, supplies and equipment into the PremisesDemised Premises during the course thereof, without LANDLORD’s prior written approval and shall, upon termination the obligations of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of Tenant under this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail Lease shall not be affected thereby, provided that the subject Landlord uses efforts reasonable under the circumstances to minimize to the extent practical any resulting inconvenience, annoyance, disturbance, loss of business or other damage to Tenant or any subtenant by reason of making such repairs or the performance of any legal proceeding by SUBTENANT against ORIGINAL TENANT such work or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesmatters referred to above.
(c) Any mechanic's liens resulting from work done for, or materials furnished for, Tenant shall be discharged by Tenant within Thirty (30) days after Tenant receives notice of any such lien at Tenant's expense.
Appears in 2 contracts
Sources: Lease Agreement (MTM Technologies, Inc.), Lease Agreement (MTM Technologies, Inc.)
Repairs. In Tenant will, at Tenant’s own expense, keep the event of a breakdown Premises in good order, repair and condition at all times during the Term, and Tenant shall promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, under the supervision and subject to the approval of the electrical Landlord, and within any reasonable period of time specified by the Landlord. If the Tenant does not do so after five (5) days written notice to Tenant, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all, fees and other costs or mechanical systemsexpenses arising from Landlord’s involvement with such repairs and replacements, LANDLORD forthwith upon being billed for same. Landlord may, but shall not be liable for damages or personal discomfort; howeverrequired to, LANDLORD shall carry out repairs with enter the Premises at all reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDtimes to make such repairs, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness alterations, improvements and shall be liable for the costs of repair of damage additions to the Rented Premises or residential complex caused to the Building or to any equipment located in the Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental authority or court order or decree. Except as otherwise set forth in this Lease, Landlord shall not under any circumstances be required to build any improvements on the willful Premises, or negligent conduct to make any repairs, replacements, alterations, or renewals of SUBTENANT, other occupants any nature or description to the interior of the Premises or persons who are permitted to any of the existing improvements therein, whether interior or exterior, ordinary or extraordinary, structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever in connection with this Lease or to inspect or maintain the residential complex by SUBTENANTPremises in any way, except as expressly set forth as follows: (a) the replacement of any roof on a building at the Premises as required, (b) repair and/or replacement of any load-bearing walls and exterior walls on buildings at the Premises as required, (c) any repair/replacement of Building mechanical systems as required, and (d) any repair/replacement of the Building foundation and all other structural repairs. SUBTENANT Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber not be required to unclog the toilet(s) make any such repair or replacement where such repair or replacement is necessitated by any action, willful misconduct, omission, non-action, or negligence of Tenant or Tenant’s agents, employees, customers, invitees, or contractors or caused by unlawful breaking and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibilityentering. SUBTENANT Landlord shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was be deemed in on the date of commencement breach of this Tenancy Agreement, Lease unless Landlord fails within a reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants time to advise LANDLORD, via e-mail, of any repairs or maintenance perform an obligation required to be done performed by LANDLORDLandlord. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject For purposes of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed thatthis Section 7, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, and except in the case of an emergency, a reasonable time shall in no event be less than ten (10) days after receipt by Landlord of written notice specifying wherein such obligation of Landlord has not been performed; provided, however, that if the nature of Landlord’s obligation is such that more than ten (10) days after such notice are reasonably required for its performance, then Landlord shall not call on be in breach of this Lease if performance is commenced within such ten (10) day period and thereafter diligently pursued to completion. Notwithstanding anything herein to the contrary, in addition to and not in limitation of Tenant’s remedies, if Landlord shall be deemed in breach of this Section 7, then Tenant shall be entitled to Rent abatement until such breach is cured and Tenant shall have no claim against Landlord for any person not employed damages suffered by LANDLORD to affect any repair or maintenance reason of the Premisessuch breach.
Appears in 2 contracts
Sources: Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc)
Repairs. In Tenant will, at Tenant’s own expense, keep the event of a breakdown Premises in good order, repair and condition at all times during the Term, and Tenant shall promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances, under the supervision and subject to the approval of the electrical Landlord, and within any reasonable period of time specified by the Landlord. If the Tenant does not do so after five (5) days written notice to Tenant, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building) sufficient to reimburse Landlord for all, fees and other costs or mechanical systemsexpenses arising from Landlord’s involvement with such repairs and replacements, LANDLORD forthwith upon being billed for same. Landlord may, but shall not be liable for damages or personal discomfort; howeverrequired to, LANDLORD shall carry out repairs with enter the Premises at all reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDtimes to make such repairs, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness alterations, improvements and shall be liable for the costs of repair of damage additions to the Rented Premises or residential complex caused to the Building or to any equipment located in the Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental authority or court order or decree. Except as otherwise set forth in this Lease, Landlord shall not under any circumstances be required to build any improvements on the willful Premises, or negligent conduct to make any repairs, replacements, alterations, or renewals of SUBTENANT, other occupants any nature or description to the interior of the Premises or persons who are permitted to any of the existing improvements therein, whether interior or exterior, ordinary or extraordinary structural or non-structural, foreseen or unforeseen, or to make any expenditure whatsoever in connection with this Lease or to inspect or maintain the residential complex by SUBTENANTPremises in any way, except as expressly set forth as follows: (a) the replacement of any roof on a building at the Premises as required, (b) repair and/or replacement of any load-bearing walls and exterior walls on buildings at the Premises as required, (c) any repair/replacement of Building mechanical systems as required, and (d) any repair/replacement of the Building foundation and all other structural repairs. SUBTENANT Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber not be required to unclog the toilet(s) and it make any such repair or replacement where such repair or replacement is found to be SUBTENANT’S faultnecessitated by any action, the charge for the plumber will be the SUBTENANT’S responsibilitywillful misconduct, omission, non action or gross negligence of Tenant or Tenant’s agents, employees, customers, invitees, or contractors. SUBTENANT Landlord shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was be deemed in on the date of commencement breach of this Tenancy Agreement, Lease unless Landlord fails within a reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants time to advise LANDLORD, via e-mail, of any repairs or maintenance perform an obligation required to be done performed by LANDLORDLandlord. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject For purposes of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed thatthis Section 7, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, and except in the case of an emergency, a reasonable time shall in no event be less than ten (10) days after receipt by Landlord of written notice specifying wherein such obligation of Landlord has not been performed; provided, however, that if the nature of Landlord’s obligation is such that more than ten (10) days after such notice are reasonably required for its performance, then Landlord shall not call on be in breach of this Lease if performance is commenced within such ten (10) day period and thereafter diligently pursued to completion. Notwithstanding anything herein to the contrary, in addition to and not in limitation of Tenant’s remedies, if Landlord shall be deemed in breach of this Section 7, then Tenant shall be entitled to Rent abatement until such breach is cured and Tenant shall have no claim against Landlord for any person not employed damages suffered by LANDLORD to affect any repair or maintenance reason of the Premisessuch breach.
Appears in 2 contracts
Sources: Lease Agreement (Opnext Inc), Lease Agreement (Opnext Inc)
Repairs. In 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 event of a breakdown 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 electrical Building or mechanical 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 keep in good order, condition and repair, the roof of the Building, all gutters and downspouts, foundations, exterior (including exterior painting and finish) and structural portions of the Building, all building systems serving the Building, and all plumbing and utility lines serving the Premises, whether located within or outside of the Premises. 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, the floor slabs and all other structural elements of the Building, 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 (specifically excluding all interior portions of the HVAC system including but not limited to VAV boxes, duct work, circulating pumps control systems, LANDLORD in the Building) in accordance with the requirements of the Landlord's Plans and Tenant's Plans, and shall assign (to the extent assignable) all warranties and guarantees with respect thereto to Tenant. Tenant may elect, at its cost and expense and upon the prior consent of Landlord (which such consent shall not be liable for damages unreasonably withheld or personal discomfort; howeverdelayed), LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without to bring actions to enforce remedies under said warranties or guarantees in the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants name of the Premises Landlord or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required jointly with Landlord, at no expense to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.Landlord;
Appears in 2 contracts
Sources: Lease Agreement (Rsa Security Inc/De/), Lease Agreement (Rsa Security Inc/De/)
Repairs. In 7.1 Landlord shall at all times during the event Lease Term (with the exception of Tenant’s rights with respect to the HVAC set forth in Section 6.9 above) maintain in good condition and operating order and in a breakdown manner reasonably commensurate with the maintenance standards of owners of Comparable Buildings, the structural portions of the electrical Building, including, without limitation, all Base Building, the exterior walls, foundation, roof of the Building, the structural portions of the floors of the Building, stairs, stairwells, escalators, elevators, parking areas, exterior landscaping and all Common Areas (collectively, the “Building Structure”), and the Building’s mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems (and all associated equipment, boilers, connections and/or facilities related to such HVAC systems) (collectively, the “Building Systems”) except to the extent that such repairs are required due to the gross negligence or mechanical systemswillful misconduct of Tenant; provided, LANDLORD 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 liable for damages or personal discomfort; howeverrequired to, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of enter the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing at all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(sreasonable times (upon not less than forty-eight (48) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior hours advance written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANTnotice, except in the case of emergencies in which case no such notice shall be required and such entry may be at any time) to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem reasonable necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall use reasonable efforts to minimize interruption of Tenant’s operations in the Premises during any entry into the Premises pursuant to this Article 7. Tenant shall at all times, except in the case of emergencies, have the right to escort Landlord or its agents, representatives, contractors or guests while the same are in the Premises, provided such escort does not materially and adversely affect Landlord’s access rights hereunder.
7.2 Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems. Tenant shall, at Tenant’s own expense, keep the Premises, including, without limitation, glass panels and partitions, washrooms, lavatories, showers, toilets, basins, and supplemental HVAC systems, including each of their respective mechanical, plumbing and electrical connections, including all improvements, fixtures and furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs within ten (10) business days following notice from Landlord (no notice shall be required in the event of an emergency), Landlord may, but need not, make such repairs and replacements, and Tenant shall not call on pay Landlord the actual out-of-pocket cost thereof. Tenant hereby waives any person not employed by LANDLORD and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute, or ordinance now or hereafter in effect.
7.3 Notwithstanding the foregoing, in the event that Landlord fails to affect make any repairs to the Premises which Landlord is required to make pursuant to the terms of this Lease (which failure to repair or maintenance materially and adversely affects Tenant’s use of the Premises), within thirty (30) days after written notice from Tenant (or one (1) business day after written notice in the case of an emergency involving the likelihood of imminent harm to person or material damage to property), then Tenant may give Landlord an additional three (3) business days written notice (or additional one (1) business day’s written notice in the case of an emergency as described above) (such additional notice, a “Self Help Notice”) specifying that Tenant is going to take such required action (which notice must describe in detail the action required of Landlord pursuant to this Lease, and state in the subject line in boldface, ALL CAPS that “LANDLORD’S ATTENTION IS REQUIRED. IF LANDLORD FAILS TO COMMENCE PERFORMANCE OF ITS OBLIGATIONS WITHIN THREE (3) BUSINESS DAYS FOLLOWING THE DATE OF THIS NOTICE, TENANT SHALL EXERCISE IT’S “SELF HELP” REMEDY PURSUANT TO SECTION 7.3 OF THE LEASE”). If Landlord has not commenced to repair such problem (or reasonably objected to the required action described in Tenant’s notice) within such three (3) business day period (or one (1) business day period in the case of an emergency) after receipt of the Self Help Notice from Tenant (which Self Help Notice must conform with the foregoing requirements), then Tenant shall have the right to perform the required action of Landlord in a good and professional manner in accordance with all applicable laws (using vendors pre-approved by Landlord) and, provided that Landlord has not disputed or objected to the required action described in Tenant’s notice, Landlord shall reimburse Tenant for the actual and reasonable costs thereof (to the extent such costs would not otherwise be payable by Tenant under this Lease) within thirty (30) days after presentation of a reasonably detailed invoice demonstrating the expenses incurred by Tenant. If Landlord does not reimburse such costs incurred by Tenant within such thirty (30) day period, then Tenant shall be entitled to pursue arbitration of Landlord’s obligation for payment of such amount in accordance with Section 7.4. If Tenant prevails in any such arbitration, and such arbitration is not subject to appeal, and Landlord does not pay the amounts finally determined to be owed within thirty (30) days after written notice of that final determination, that finally determined amount may be offset by Tenant from Rent next due and payable under this Lease. In no event shall the total amounts offset under this Section 7.3 in any calendar month exceed twenty-five percent (25%) of the Base Rent payable in that calendar month.
7.4 In the event that under Section 7.3, Landlord and Tenant are to arbitrate a dispute over whether Landlord is obligated to reimburse Tenant for costs incurred by Tenant under Section 7.3, such dispute shall be resolved by expedited binding arbitration before a retired judge in the State of California under the auspices of JAMS (or any successor to such organization, or if there is no such successor, then to a comparable organization mutually agreed upon by Landlord and Tenant) in San Francisco, California, according to the then rules of commercial arbitration of such organization. JAMS shall be instructed to complete the arbitration within thirty (30) days.
Appears in 2 contracts
Sources: Consent to Sublease (Arlo Technologies, Inc.), Office Lease (Arlo Technologies, Inc.)
Repairs. In (a) Sublessee shall make all repairs or replacements that Sublessor is required to make under the event Prime Lease with respect to the Subleased Premises. To the extent Landlord makes any repair or replacement with respect to the Subleased Premises for which Sublessor is required to pay for all or any of the cost thereof, Sublessee shall, within thirty (30) days after rendition of a breakdown of the electrical or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ thereof by Sublessor from time to time, pay Sublessor for any such cost for which Sublessor is liable.
(b) Sublessor reserves the right to make any and all changes, alterations, additions, improvements, repairs or replacements to any and all pipes, wires, cables, ducts, conduits and other equipment used by Sublessor to provide to Sublessee any of the services provided by Sublessor to Sublessee pursuant to this Sublease, as Sublessor deems necessary or desirable, provided that in no event shall the level of any such service will be decrease in any material respect from the responsibility level required of SUBTENANTSublessor in this Sublease as a result thereof (other than temporary changes in the level of such services during the performance of any such work by Sublessor). CARE OF RENTED PREMISES SUBTENANT agrees Sublessor shall use reasonable efforts to keep minimize interference with Sublessee's use and occupancy of the Rented Subleased Premises in a reasonable state during the making of cleanliness and such changes, alterations, additions, improvements, repairs or replacements, provided that Sublessor shall have no obligation to employ contractors or labor at overtime or other premium pay rates or to incur any other overtime costs or additional expenses whatsoever. Except as otherwise provided herein, there shall be liable no abatement of Base Rent or any additional rent or allowance to Sublessee for a diminution of rental value, no actual or constructive eviction of Sublessee, in whole or in part, no relief from any of Sublessee's other obligations under this Sublease, and no liability on the costs part of repair Sublessor, by reason of damage inconvenience, annoyance or injury to the Rented Premises business arising from Landlord, Sublessor, Sublessee or residential complex caused by the willful others making, or negligent conduct of SUBTENANTfailing to make, other occupants any repairs, alterations, additions or improvements in or to any portion of the Premises Building or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toSubleased Premises, or decorate the Premisesin or to fixtures, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs appurtenances or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesequipment therein.
Appears in 2 contracts
Sources: Sublease Agreement (Amicus Therapeutics Inc), Sublease Agreement (Amicus Therapeutics Inc)
Repairs. In the event of a breakdown Section 6.01. Except as provided in Articles 10 and 14, Tenant shall take good care of the Demised Premises and the fixtures wholly contained therein and all portions of the HVAC, mechanical, plumbing and electrical systems wholly contained within and exclusively serving the Demised Premises, and at its sole cost and expense make all repairs thereto as and when needed to preserve them in good working order and condition. All damage or mechanical systemsinjury to the Demised Premises or the Building or to any building equipment or systems caused by Tenant moving property in or out of the Building or by installation or removal of personalty or resulting from negligence or conduct of Tenant, LANDLORD its employees, agents, contractors, customers, invitees and visitors, shall be repaired, promptly by Tenant at Tenant's expense, and whether or not involving structural changes or alterations, to the satisfaction of Landlord. All repairs shall include replacements or substitutions where necessary and shall be at least equal to the quality, class and value of the property repaired, replaced or substituted and shall be done in a good and workmanlike manner.
Section 6.02. Landlord, at its expense, shall maintain and make all repairs and replacements, structural and otherwise, to the exterior and public portions of the Building, the Building systems up to its connection with the Demised Premises, and to the Demised Premises, unless Tenant is required to make them under the provisions of Section 6.01 or unless required as a result of the performance or existence of alterations performed by Tenant or on Tenant's behalf, in which event Tenant, at its expense, shall perform such maintenance, repairs or replacements. Tenant shall notify Landlord of the necessity for any repairs for which Landlord may be responsible in the Demised Premises under the provisions of this Section. Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to make in or to any portion of the Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Demised Premises. Notwithstanding the foregoing, Landlord shall use reasonable efforts to make such repairs or changes in a manner to minimize its interference with the normal conduct of Tenant's business, provided Landlord shall not be liable for damages required to employ overtime or personal discomfort; however, LANDLORD premium labor.
Section 6.03. Tenant shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without not store or place any materials or other obstructions in the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises lobby or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants public portions of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toBuilding, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be sidewalk abutting the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesBuilding.
Appears in 2 contracts
Sources: Lease Agreement (Cmgi Inc), Lease (Cmgi Inc)
Repairs. In (a) Landlord shall keep the event of a breakdown Common Areas of the electrical or mechanical systemsBuilding and the Project in a clean and neat condition. Subject to subparagraph (b) below, LANDLORD Landlord shall make all necessary repairs, within a reasonable period following receipt of notice of the need therefor from Tenant, to the exterior walls, exterior doors, exterior locks on exterior doors and windows of the Building, and to the Common Areas and to public corridors and other public areas of the Project not be liable for damages or personal discomfort; however, LANDLORD constituting a portion of any tenant s premises and shall carry out repairs with use reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees efforts to keep all Building standard equipment used by Tenant in common with other tenants in good condition and repair and to replace same at the Rented Premises in a reasonable state end of cleanliness such equipment’s normal and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, useful life reasonable wear and tear and casualty loss excepted. See Schedule 2 - Damage/Other Charges for charges that may applyExcept as expressly provided in Paragraph 9 of this Lease there shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, the Building or the Project. MAINTENANCE SUBTENANT covenants Tenant waives the right to advise LANDLORDmake repairs at Landlord’s expense under any law statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Section 1942 and any successive sections or statutes of a similar nature).
(b) Tenant, via e-mailat its expense, (i) shall keep the Premises and all fixtures contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors selected by Landlord, of any repairs or maintenance all facilities which are not expressly required to be done maintained or repaired by LANDLORDLandlord and which are located in the Premises including, without limitation, lavatory, shower toilet, wash basin and kitchen facilities and supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in the Premises at the time of Landlord’s delivery of the Premises to Tenant). It is agreed that any request for maintenance or Tenant shall make all repairs to the Premises not required to be made via e-mail shall not be the subject by Landlord under subparagraph (a) above with replacements of any legal proceeding materials to be made by SUBTENANT against ORIGINAL TENANT use of materials of equal or LANDLORD in a court of law or before a tribunal of competent jurisdictionbetter quality. It is further agreed thatTenant shall do all decorating, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.remodeling,
Appears in 2 contracts
Sources: Office Lease (Zoom Video Communications, Inc.), Office Lease (Zoom Video Communications, Inc.)
Repairs. In (a) Subject to Paragraph 5(b), Landlord shall make all necessary repairs to the event of a breakdown exterior walls, exterior doors, windows, corridors and other common areas of the electrical Building and the Project and Landlord shall keep the Building and the Project in a safe, clean and neat condition, and use reasonable efforts to keep all equipment used in common with other tenants, such as elevators, plumbing, heating, air conditioning, intrabuilding network cabling and similar equipment, in good condition and repair. Except as provided in Paragraphs 14 and 15 hereof, there shall be no abatement of rent and no liability of Landlord by reason of any injury to or mechanical systems, LANDLORD shall not be liable for damages interference with or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without interruption of Tenant's business arising from the consent failure of LANDLORDany such equipment, the ▇▇▇▇ making of service will be any repairs, alterations or improvements in or to any portion of the responsibility Building or Project or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under Section 1942 of SUBTENANTthe California Civil Code, or under any law, statute or ordinance now or hereafter in effect. CARE OF RENTED PREMISES SUBTENANT agrees Landlord shall have no obligation to keep the Rented Premises in repair until a reasonable state time after receipt of cleanliness notice or knowledge of the need for repair. The cost of all such work by Landlord shall be included in Operating Expenses pursuant to Paragraph 3.
(b) Tenant agrees that it will make all repairs to the Premises and fixtures therein not required above to be made by Landlord and shall be liable do all decorating, remodeling, alteration and painting required by Tenant during the term of this Lease. Tenant will pay for the costs of repair of damage any repairs to the Rented Premises Premises, the Building or residential complex caused the Project made necessary by the willful any negligence or negligent conduct carelessness of SUBTENANTTenant or its assignees, subtenants, employees of their respective agents or other occupants of the Premises or persons who are permitted in the residential complex Building or on the Project by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toTenant, or decorate any of them, and will maintain the Premises, without LANDLORD’s prior written approval and shall, will leave the Premises upon termination of tenancythis Lease in a safe, remove clean, neat and sanitary condition.
(c) Tenant's repair and maintenance obligations pursuant to Paragraph 5(b) shall extend to any alterations and decorating and restore non-Building standard equipment which is either (a) in place in or to serve solely the Premises upon execution of this Lease or (b) is installed by or for Tenant (whether by Landlord or Tenant) to serve solely the Premises. Such non-standard equipment includes, but is not limited to, any supplemental heating, ventilating and air conditioning equipment (whether or not located in the Premises), water heaters, dish washers and refrigerators. Moreover, Tenant's insurance and indemnification obligations pursuant to Paragraph 20 shall extend to all such non-standard equipment and to the same condition as it was in on the date use and malfunctioning of commencement of this Tenancy Agreement, reasonable wear and tear exceptedsuch equipment. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect If Landlord undertakes any repair or maintenance obligation of Tenant pursuant to Paragraph 5(b) (such as equipment located outside of but serving only the Premises), the cost of such repair or maintenance shall be reimbursed by Tenant to Landlord, as Additional Rent, within ten (10) days after Tenant's receipt of Landlord's invoice therefor.
Appears in 2 contracts
Sources: Lease (Adforce Inc), Lease (Adforce Inc)
Repairs. 10.1. Except for damage by casualty as provided under Section 11 or as otherwise provided in Section 10.3 below, Tenant shall keep the Premises, whether structural or non-structural (including, without limitation: the ceilings, walls, floor-coverings, wall-coverings, doors, exterior glass, light fixtures and bulbs, keys and locks, fire extinguishers, plumbing and other fixtures, heating, air-conditioning, ventilation, electrical, sprinkler and mechanical facilities, including the Systems and Equipment, paved areas (including without limitation repaving and re-striping as necessary), landscaping, parking areas (including striping and re-paving thereof) and all alterations and improvements to the Premises whether installed by Landlord or Tenant) in good and sanitary condition and repair, and in compliance with all Laws now or hereafter adopted, and shall maintain and make such repairs and replacements as necessary in connection therewith. In the event that any repairs or maintenance are required, Tenant shall promptly arrange and pay for the same, at Tenant’s sole cost and expense, and such work shall be performed in a first class, workmanlike manner and using replacement parts of a breakdown comparable or better quality, style, materials, or construction. All such repairs and maintenance shall be approved by Landlord in advance in writing unless the total cost for such repairs and maintenance does not exceed Fifty Thousand Dollars ($50,000). Any replacements of items shall be of the electrical or mechanical systemssame size, LANDLORD shall not be liable for damages or personal discomfort; howeverquality, LANDLORD shall carry out repairs with reasonable diligencecolor and design as the items replaced. If SUBTENANT hires Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and maintenance, and the costs paid or incurred by Landlord therefor shall be reimbursed by Tenant promptly after request by Landlord, such amounts being additional Rent hereunder. Notwithstanding anything to the contrary contained in this Lease, Tenant shall indemnify Landlord and pay for any repairs and maintenance to areas of the Premises made necessary in whole or in part by the moving of any furniture, fixtures, or other property to or from the Premises, or by Tenant or its employees, agents, contractors, or visitors.
10.2. Notwithstanding anything to the contrary in Section 10.1 above, Landlord, in its sole discretion, may require Tenant to contract with a contractor designated by Landlord for the monthly maintenance of the heating, ventilating and air conditioning equipment serving the Premises, or Landlord may contract with a service person without company of its own choosing (or provide such service itself) for the consent maintenance, repair or replacement (when Landlord deems it necessary) of LANDLORDthe heating, ventilating and air conditioning equipment serving the Premises and ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable Tenant for the costs of repair of damage same as additional Rent. The sum so billed to Tenant shall become immediately due and payable by Tenant to Landlord.
10.3. Landlord’s obligation with respect to repairs shall be limited to the Rented Premises or residential complex caused by the willful or negligent conduct structural parts of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval which structural parts include only the roof, beams and shall, upon termination of tenancy, remove any alterations and decorating and restore columns bearing the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance main load of the Premisesroof, the structural integrity of the roof (excluding skylights), sidewalls and foundation.
Appears in 2 contracts
Sources: Lease (Schnitzer Steel Industries Inc), Lease (Schnitzer Steel Industries Inc)
Repairs. In Supplementing the event provisions of Article 4 of this lease: ------- Owner shall maintain and repair the public portions of the Building, both exterior and interior (excluding the exterior and interior of all windows, plate glass, 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 (including, without limitation, the sprinkler system and any other equipment installed y Tenant in accordance with the provisions of Article 29 hereof, and all installations required for the furnishing to the demised premises of the services enumerated in Article 51 hereof), and the store front and entrance doors thereto and, at Tenant's sole cost and expense, shall clean the sidewalks 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, 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 damage or injury to the demised premises or to any other part of the Building, or to its fixtures, equipment and appurtenances, 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 breakdown 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 electrical performance of any repairs required to be made by Tenant hereunder or mechanical systemsif Tenant thereafter fails to diligently prosecute the performance of such repairs to full completion, LANDLORD the same may be made by owner, and the 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 other service system (or any part thereof) located in, servicing or passing through the demised premises and Owner shall thereafter repair such condition, subject, however, to the further provisions of this lease. The water and wash closets and other plumbing fixtures shall not be liable used for damages any purposes other than those for which they were designed or personal discomfort; howeverconstructed, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDand no sweepings, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and rubbish, rags, acids or other substances shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesdeposited therein.
Appears in 2 contracts
Sources: Store Lease (Craig Corp), Lease Agreement (Reading Entertainment Inc)
Repairs. In the event of a breakdown 10.01 Tenant shall take good care of the electrical Premises and the fixtures and appurtenances therein, and shall make all repairs necessary to keep them in good working order and condition, including structural repairs when those are necessitated by the negligence or willful misconduct of Tenant or its agents, employees, invitees or contractors, subject to the provisions of Articles 11 and 43 hereof. During the term of this Lease, Tenant may have the use of any air-conditioning equipment servicing the Premises, subject to the provisions of Article 35 of this Lease, and shall reimburse Landlord, in accordance with Article 41 of this Lease, for electricity consumed by the equipment. The exterior walls and roofs of the Building, the mechanical systemsrooms serving the Building (other than those exclusively serving the Premises and located within the Premises), LANDLORD service closets (other than those exclusively serving the Premises and located within the Premises), shafts, areas above any hung ceiling and the windows and the portions of all window ▇▇▇▇▇ outside same are not part of the Premises demised by this Lease, and Landlord hereby reserves all rights to such parts of the Building. Tenant shall not be liable for damages paint, alter, drill into or personal discomfort; howeverotherwise change the appearance of the windows including, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDlimitation, the ▇▇▇▇ ▇▇, jambs, frames, sashes, and meeting rails.
10.02 Landlord shall maintain the structural portions and common areas of the Building and those portions of Building-wide systems not located within the Premises, in good order and condition and in compliance with all applicable laws, codes, rules and regulations of governmental and quasi-governmental agencies and authorities having jurisdiction.
10.03 In the event that solely as a result of (i) Landlord’s failure to (a) furnish any service will or (b) perform any repair which is required to be furnished or performed, as the responsibility case may be, by the express provisions of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees this Lease, or (ii) Landlord’s entry into the Premises to keep the Rented Premises perform work (other than by reason of a Tenant default under this Lease) in a reasonable state manner which materially interferes with the permitted use of cleanliness the Premises, and in any of the foregoing events Tenant and all those claiming through Tenant shall be not able to use and shall be liable for the costs have discontinued use and occupancy of repair of damage to the Rented Premises all or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants any affected portion of the Premises for a period of five (5) consecutive business days or persons who are permitted more after notice thereof to Landlord, during which time Landlord has failed to substantially: restore such service, perform such repair or remediate such material interference (or, in the residential complex by SUBTENANT. SUBTENANT event that any of the same cannot be substantially accomplished within such five (5) consecutive business day period, then provided Landlord has not commenced and continued to diligently prosecute same within and beyond said five (5) consecutive business day period until completion), then Tenant shall also be responsible for replacing all light bulbs and unclogging entitled to an abatement of toilets. Should a plumber be required the Fixed Annual Rent allocable to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination such portion of tenancy, remove any alterations and decorating and restore the Premises to which is not usable and is unoccupied for each day from and after the same condition five (5) consecutive business day period until said service, repair or remediation, as it was in on the date of commencement of this Tenancy Agreementcase may be, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges is substantially accomplished; provided further, however, that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail Tenant shall not be entitled to such an abatement in the subject of event that such failure or interference results from (i) any legal proceeding installation, alteration or improvement performed by SUBTENANT against ORIGINAL TENANT or LANDLORD Tenant which is not performed in a court good workmanlike manner and in compliance with the Lease and all applicable laws, codes, rules and regulations of law or before governmental and quasi-governmental agencies and authorities having jurisdiction; (ii) a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake default by law or Tenant under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance provisions of the PremisesLease; (iii) the negligence, tortious conduct or willful misconduct of Tenant, its agents, representatives, servants or employees; or (iv) strikes, lockouts, job actions, shortage or unavailability of supplies, governmental laws or regulations or preemptions, riots, terrorism, insurrections, emergencies, wars, acts of war or Acts of God.
Appears in 2 contracts
Sources: Lease Agreement (Schrodinger, Inc.), Lease Agreement (Schrodinger, Inc.)
Repairs. In The City shall keep the event of a breakdown structural components of the CSA (including the walls and roof), the mechanical systems serving the CSA (i.e., HVAC, plumbing, electrical or mechanical and natural gas systems), LANDLORD and the City owned equipment and fixtures in good repair, subject to Concessionaire’s maintenance obligations set forth above. City shall not be liable required to make any repairs to the CSA, mechanical systems or City owned equipment or fixtures or any other elements of the CSA unless and until Concessionaire has notified City in writing of the need for damages or personal discomfort; however, LANDLORD such repairs. City shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in have a reasonable state period of cleanliness time following receipt of such notice to commence and complete said repairs. Notwithstanding the foregoing, Concessionaire shall be liable for the costs of repair of all damage to the Rented Premises or residential complex CSA and all improvements on the CSA, including furnishings, fixtures, and equipment, caused by the negligence or willful acts or negligent conduct omissions of SUBTENANTConcessionaire, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S faultits employees, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toagents, servants, or decorate licensees. All repairs to the PremisesCSA done by or on behalf of Concessionaire shall be of first-class quality in both materials and workmanship, without LANDLORD’s shall be equal to or better than the original in materials and workmanship, and, except in emergencies requiring immediate response, shall have the prior written approval of the Airport Director. All repairs shall conform to the applicable rules and regulations and building codes prescribed from time to time by federal, state, or local City having jurisdiction over the CSA. The Airport Director shall be the sole judge of the quality of the repairs. Concessionaire expressly waives any and all claims for damages of any kind, including but not limited to loss of profits as a result of the interruption of Concessionaire’s business, resulting from the need for repairs to the CSA, the mechanical systems or City-owned equipment or fixtures, whether such repairs are undertaken by the City or Concessionaire. To the extent that any item of the City owned equipment or fixtures listed on Exhibit B shall, upon termination by reason of tenancynormal “wear and tear” and/or by reason of its age and/or years of service, become functionally obsolete, useless, irreparable or economically imprudent to repair, City shall be responsible for, and pay the cost of, replacing such item. The Airport Director’s determination as to the functionality or utility of such item or the economic feasibility of repairing such item shall be made only after consultation with Concessionaire. If, following consultation with Concessionaire, the Airport Director reasonably determines that such item has become functionally obsolete, useless, irreparable or economically imprudent to repair, Concessionaire shall surrender possession of such item, remove any alterations such item from the CSA and decorating and restore the Premises deliver it to the same condition Airport Director. The Airport Director shall, following consultation with Concessionaire as it was to type, size and quality specifications, purchase, lease or otherwise obtain equipment and/or fixtures of its own choosing to replace any such item. All items of replacement equipment or fixtures purchased, leased or obtained by City and placed or installed in the CSA shall, at all times, be and remain the sole and exclusive property of the City. Concessionaire shall not have or acquire any right, title, or interest in or to any such replacement equipment or fixtures. Concessionaire shall repaint or refinish, at its sole cost and expense, high traffic areas of the CSA subject to greater-than-normal wear on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required a schedule to be done specified by LANDLORDConcessionaire, or as may be directed by the Airport Director if Concessionaire fails to specify a reasonable schedule. It is agreed that any request for maintenance or repairs not made via e-mail Concessionaire shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance replace Concessionaire’s trade fixtures and equipment that become worn, chipped, dented, or gouged. All repainting and refinishing shall have the prior written approval of the PremisesAirport Director.
Appears in 2 contracts
Sources: Non Exclusive Food, Beverage, Vending, and Retail Concession Agreement, Non Exclusive Food, Beverage, Vending, and Retail Concession Agreement
Repairs. In 8.3.1. The Landlord, at its own expense, shall promptly repair or replace any and all defects in the event Landlord Improvements and Common Areas and all latent defects in the Additional Tenant Improvements. Landlord shall also maintain, repair and replace: (a) the structural integrity of the Building (including, but not limited to, the foundation, the exterior walls (but, excluding exterior glass), the supporting framework, the floor slab (exclusive of any floor coverings), and roof and roof membrane); (b) the Common Areas, which shall be maintained in accordance with the standards of a breakdown Class A office park for the Research Triangle Park, North 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 five (5) business days after Landlord receives written notice from Tenant, or has actual knowledge, of the electrical or mechanical systemsneed for the repair (except that if the repair cannot be reasonably cured within that period, LANDLORD Landlord shall not be liable in default so long as it promptly and diligently pursues completion of 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 glass, mechanical, plumbing, electrical systems, interior walls, floors, ceilings, security systems, the sprinkler system, and the monitoring systems) and otherwise make all repairs relating to the Premises. All repairs to be made by Tenant shall be made promptly, in a workmanlike manner, paid for damages by Tenant allowing no liens to attach either to the Premises or personal discomfort; howeverto Tenant’s leasehold interest, LANDLORD and so as not to unreasonably disturb or inconvenience other tenants in the Building. Landlord shall carry 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 repairs of Tenant’s or its employees, agents, or 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 reasonable diligence. If SUBTENANT hires a service person without contractor acceptable to and approved by Landlord in its reasonable discretion. This contract shall provide for routine maintenance, including, but not limited to, timely changing of all filters (at recommended intervals), adjustment and inspection of air handling mechanisms and control equipment, and performance of necessary lubrication, testing, and other such normal maintenance procedures. Notwithstanding the consent preceding to the contrary, in the event the Tenant fails to maintain the required HVAC maintenance contract, Landlord reserves the right to arrange for the HVAC system maintenance contract and charge Tenant for the reasonable costs of LANDLORDthat contract.
8.3.2. Notwithstanding the above provisions to the contrary, except where the ▇▇▇▇ of service will be need for the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees HVAC Capital Repair (as defined below) is caused by Tenant’s or its agents’, employees’ or invitees’ negligent or willful acts or Tenant’s failure to keep the Rented Premises required HVAC maintenance contract continuously in effect, Tenant’s repair obligations under this Lease with respect to the Premises’ HVAC system shall not include any capital repair/replacements costing more than $2500.00 (a reasonable state “HVAC Capital Repair”). Landlord, after notice of cleanliness the need for an HVAC Capital Repair is received from the Tenant, shall, at its own expense, promptly and diligently cause the HVAC Capital Repair to be made. Tenant shall be liable nevertheless reimburse the Landlord for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants first $2500.00 of the Premises or persons who are permitted reasonably necessary costs incurred by Landlord in completing the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesHVAC Capital Repair.
Appears in 2 contracts
Sources: Lease Agreement (Liquidia Technologies Inc), Lease Agreement (Liquidia Technologies Inc)
Repairs. In Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the event of a breakdown 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 mechanical systemsrequired 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, LANDLORD 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 liable for damages required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees additions to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted to the Project or to any equipment located in the residential complex by SUBTENANT. SUBTENANT Project as Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber desire or deem necessary or as Landlord may be required to unclog the toilet(sdo by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) and it is found to be SUBTENANT’S faultemergencies, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to(ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or decorate (iii) repairs which are the Premisesobligation of Tenant hereunder, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore such entry into the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to by Landlord shall be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD performed in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall manner so as not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.to
Appears in 2 contracts
Sources: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)
Repairs. In (a) Landlord shall maintain in good operating order and keep in good repair and condition, in a manner consistent with the event maintenance and operations standards employed by landlords of a breakdown Comparable Buildings, as part of Basic Services shall be limited to (i) the structural portions of the electrical Building, (ii) the exterior walls of the Building, including, without limitation, glass and glazing, (iii) the roof, (iv) mechanical, electrical, plumbing, sprinkler, HVAC and life safety systems except for any lavatory, shower, toilet, wash basin and kitchen facilities that serve Tenant exclusively and were not part of the base Building core infrastructure and any supplemental heating and air conditioning systems (including all plumbing connected to said facilities or mechanical systemssystems located in the Premises), LANDLORD and (v) Common Areas. Landlord shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs deemed to have breached any obligation with reasonable diligence. If SUBTENANT hires a service person without respect to the consent condition of LANDLORD, any part of the ▇▇▇▇ Project unless Tenant has given to Landlord written notice of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in any required repair and Landlord has not made such repair within a reasonable state time following the receipt by Landlord of cleanliness and such notice. The foregoing notwithstanding: (i) Landlord shall not be liable for the costs of required to repair of damage to any of the Rented Premises or residential complex foregoing to the extent caused by the negligence or willful misconduct of Tenant or negligent conduct it agents, employees or contractors, except to the extent covered by insurance carried by Landlord; and (ii) the obligations of SUBTENANTLandlord pertaining to damage or destruction by casualty shall be governed by the provisions of Paragraph 9. Landlord shall have the right but not the obligation to undertake work of repair that Tenant is required to perform under this Lease and that Tenant fails or refuses to perform in a timely and efficient manner. All costs incurred by Landlord in performing any such repair for the account of Tenant shall be repaid by Tenant to Landlord within thirty (30) days of demand, other occupants together with an administration fee equal to ten percent (10%) of such costs. Except as expressly provided in Paragraphs 9 and 12 of this Lease, there shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, the Building or the Project. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect (including the provisions of California Civil Code Section 1942 and any successive sections or statutes of a similar nature).
(b) Tenant, at its expense, (i) shall keep the non-structural, interior portions of the Premises or persons who and all fixtures contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors reasonably approved by Landlord, of all facilities which are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be not expressly required to unclog the toilet(s) be maintained or repaired by Landlord and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate which are located in the Premises, including, without LANDLORDlimitation, lavatory, shower, toilet, wash basin and kitchen facilities, and supplemental heating and air conditioning systems (including all plumbing in the Premises connected to said facilities or systems installed by or on behalf of Tenant or existing in the Premises at the time of Landlord’s prior written approval and shall, upon termination delivery of tenancy, remove any alterations and decorating and restore the Premises to Tenant and were not part of the same condition as it was in on base Building core infrastructure). Tenant shall make all repairs to the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance Premises not required to be done made by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject Landlord under subparagraph (a) above with replacements of any legal proceeding materials to be made by SUBTENANT against ORIGINAL TENANT use of materials of equal or LANDLORD in a court of law or before a tribunal of competent jurisdictionbetter quality. It is further agreed thatTenant shall do all decorating, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is remodeling, alteration and painting required to undertake by law or under this Agreement, SUBTENANT, except in Tenant during the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.Lease
Appears in 2 contracts
Sources: Office Lease (Sienna Biopharmaceuticals, Inc.), Office Lease (Sienna Biopharmaceuticals, Inc.)
Repairs. In the event of a breakdown Tenant is required to restore the Leased Property pursuant to Section 10.2.2, Tenant shall commence promptly and continue diligently to perform the repair and restoration of the electrical Leased Property (hereinafter called the “Work”), so as to restore the Leased Property in compliance with all Legal Requirements and so that the Leased Property shall be, to the extent practicable, substantially equivalent in value and general utility to its general utility and value immediately prior to such damage or mechanical systemsdestruction. Subject to the terms hereof, LANDLORD the Landlord shall be required to advance the insurance proceeds and any additional amounts payable by Landlord pursuant to Section 10.2.3 to Tenant regularly during the repair and restoration period so as to permit payment for the cost of any such restoration and repair. Any such advances shall be made not more than monthly within ten (10) Business Days after Tenant submits to Landlord a written requisition and substantiation therefor on AIA Forms G702 and G703 (or on such other form or forms as may be reasonably acceptable to Landlord). Landlord may, at its option, require, prior to advancement of said insurance proceeds and other amounts by Landlord, (a) approval of plans and specifications by an architect satisfactory to Landlord (which approval shall not be liable for damages unreasonably withheld or personal discomfort; howeverdelayed), LANDLORD shall carry out repairs (b) general contractors’ estimates, (c) architect’s certificates, (d) unconditional lien waivers of general contractors, if available, (e) evidence of approval by all governmental authorities and other regulatory bodies whose approval is required, (f) deposit by Tenant of the applicable deductible amount with reasonable diligenceLandlord, and (g) such other terms as Landlord may reasonably require. If SUBTENANT hires a service person without Tenant’s obligation to restore the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees Leased Property pursuant to keep the Rented Premises in a reasonable state of cleanliness and this Article 10 shall be liable for the costs of repair of damage subject to the Rented Premises release of available insurance proceeds by Landlord or residential complex caused by the willful or negligent conduct of SUBTENANTdirectly to Tenant and, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required event such proceeds are insufficient, Landlord electing to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisessuch deficiency available therefor.
Appears in 2 contracts
Sources: Master Lease (CNL Income Properties Inc), Master Lease (CNL Income Properties Inc)
Repairs. In (a) LESSEE'S REPAIRS. By entry hereunder, Lessee shall be deemed to have accepted the event 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 a breakdown any storefront, doors, window casements, glazing, hearing and air-conditioning system (when there is an air-conditioning system, Lessee shall obtain and maintain in full force and effect at all times during the term of the electrical or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires this lease a service person without contract for repairs amid maintenance of said system, said maintenance contract shall conform to the consent of LANDLORDrequirements under the warranty, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness if any, on said system and shall be liable for in a form approved and with a company designated by lessor, unless Lessor elects to obtain such a contract, in which event the costs cost of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANTsuch contract shall be included as an Adjustment under Article 9 - upon request, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT Lessee shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found deposit with Lessor reasonably satisfactory evidence that any such contract to be SUBTENANT’S faultmaintained by Lessee has been obtained by Lessee and then is in full force and effect, the charge for the plumber will be the SUBTENANT’S responsibilityincluding without limitation, a copy of such contract), plumbing pipes, electrical wiring and conduits. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and Lessee shall, upon the expiration or sooner termination of tenancythis Lease hereof, remove any alterations and decorating and restore surrender the Premises to the same condition as it was Lessor in on the date of commencement of this Tenancy Agreementgood condition, reasonable broom clean, ordinary wear and tear and damage from causes beyond the reasonable control of Lessee excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail Lessee shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD also sweep and maintain in a court of law or before a tribunal of competent jurisdictionneat and sightly condition the sidewalks adjacent to the Premises and any exterior trash enclosure provided for Lessee's use. It is further agreed that, upon written notice Any damage to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake adjacent premises caused by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance Lessee's use of the PremisesPremises shall be repaired at the sole cost and expense of Lessee. 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 provided for by Section 1941 of said Civil Code.
Appears in 2 contracts
Sources: Shopping Center Lease (Futon World Inc), Shopping Center Lease (Futon World Inc)
Repairs. In Landlord shall maintain in good condition and operating order and keep in good repair and condition the event of a breakdown structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, stairwells, elevator cab, men’s and women’s washrooms, Building mechanical, electrical or mechanical 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, LANDLORD roof membrane and HVAC systems which were not constructed by Tenant Parties (collectively, the “Building Systems”) and the Project Common Areas. Subject to the terms 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 negligence or willful misconduct, unless and to the extent such damage is covered by insurance carried or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, equipment, interior window coverings and furnishings therein, and the floor or floors of the Building on which the Premises is located, in good order, repair and condition at all times during the Lease Term, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, 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, but not in excess of five percent (5%)) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be liable for damages required to, enter the Premises at all reasonable times in accordance with the terms of Article 27 below to make such repairs, alterations, improvements or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees additions to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted to the Project or to any equipment located in the residential complex by SUBTENANT. SUBTENANT Project as Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber desire or deem necessary or as Landlord may be required to unclog 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 toilet(sobligation 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 it is found (iii) above, Landlord shall use commercially reasonable efforts to be SUBTENANT’S faultnot materially interfere with Tenant’s use of, or access to, the charge for Premises. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make California Civil Code or under any alterations tosimilar law, statute, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was ordinance now or hereafter in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premiseseffect.
Appears in 2 contracts
Sources: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)
Repairs. In Landlord shall maintain in good condition and operating order and keep in good repair and condition the event of a breakdown structural portions of the Building, including the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), landscaping, exterior Project signage (specifically excluding any signage of Tenant provided pursuant to the terms of this Lease), base building stairwells, elevator cabs, plazas, art work, sculptures, men’s and women’s public washrooms, parking areas, Building mechanical, electrical and telephone closets, and all Common Areas and public areas (collectively, “Building Structure”) and the base building mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems excepting any portion thereof located within the Premises which was constructed by or mechanical systemsfor Tenant and/or which exclusively services the Premises (collectively, LANDLORD the “Building Systems). Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for all costs to repair the Building Structure and/or the Building Systems to the extent required because of Tenant’s use of the Premises for other than normal and customary general office use, or as a result of damage caused by Tenant’s negligence or willful misconduct. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), the finished floor or floors of the Building on which the Premises are located and any damage to the floors thereunder caused by Tenant or its improvements, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the reasonable control of Tenant; provided however, that, at Landlord’s option, or if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be liable for damages required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees additions to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted to the Project or to any equipment located in the residential complex by SUBTENANT. SUBTENANT Project as Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber desire or deem necessary or as Landlord may be required to unclog do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the toilet(s) and it is found to be SUBTENANT’S faultCalifornia Civil Code or under any similar law, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations tostatute, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was ordinance now or hereafter in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premiseseffect.
Appears in 2 contracts
Sources: Office Lease (Connecture Inc), Office Lease (Connecture Inc)
Repairs. In the event of a breakdown (a) Except as otherwise expressly provided in this Lease, Landlord shall have no obligation to alter, remodel, improve, repair, renovate, redecorate or paint all or any part of the electrical Premises. Landlord shall repair, maintain and replace as necessary and in good condition, as part of Operating Expenses to the extent provided in Section 7 hereof, the foundation and structural elements of the Building (including structural load bearing walls and roof structure and roof membrane and skylights), and the Building’s and Project’s Common Areas; provided, however, to the extent such maintenance, repairs or mechanical systemsreplacements are required as a result of any act, LANDLORD neglect, fault or omission of Tenant or any of Tenant’s agents, contractors, employees, invitees, licensees, tenants or assigns (the “Tenant’s Parties”) or because of Tenant’s specific use of or Alterations to the Premises, Tenant shall pay to Landlord, as Additional Rental, the costs of such maintenance, repairs and replacements to the extent such costs are not covered by insurance proceeds (subject to the waiver of subrogation below). Landlord shall not be liable for damages any failure to make any such repairs, or personal discomfort; howeverto 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. 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, LANDLORD alterations or improvements in or to any portion of the Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein. Landlord shall carry out not be required to make any repairs or improvements to the Premises other than as expressly required under this Lease.
(b) Except for Landlord’s obligations specifically set forth elsewhere in this Lease, Tenant shall at all times and at Tenant’s sole cost and expense, manage and maintain the Premises (including all Building systems) in a good condition consistent with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDsimilar Class “A” buildings in Mountain View and shall keep, maintain, clean, repair, and replace, as necessary, the ▇▇▇▇ Premises and all parts thereof, including, without limitation, plumbing/pipes and conduits at the point of service will be entry into the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees Premises and inside the Premises, all HVAC systems located within the Premises, all windows, restrooms, ceilings, interior walls, interior and demising walls, doors, electrical and lighting equipment, sprinkler systems, loading dock areas and doors, fences, signs, sprinkler and electrical systems within the Premises, fire and life safety systems and lighting and HVAC control systems, and any Tenant Improvements and Alterations, so as to keep the Rented Premises in a reasonable state of cleanliness such good condition and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreementrepair, reasonable wear and tear and casualty damage excepted. See Schedule 2 - Damage/Other Charges Additionally, Tenant shall be responsible for charges that may applythe expense of installation, operation, and maintenance of its telephone and other communications cabling from the point of entry into the Project to the Premises and throughout the Premises. MAINTENANCE SUBTENANT covenants Tenant shall at once report, in writing, to advise LANDLORDLandlord any defective or dangerous condition known to Tenant. Tenant shall maintain the Building’s systems which are located in the interior of the Premises. At Landlord’s option, via e-mailif Tenant fails to maintain the Premises or to make such repairs beyond any applicable notice and cure period, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for Landlord may, but need not, perform such maintenance or repairs make such repairs, in which case Tenant shall pay Landlord the cost thereof, including a percentage of the cost (not made via e-mail to exceed 10%) thereof sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times to make such repairs and maintenance to the Premises or to any equipment located in the Building as Landlord shall be required to maintain hereunder or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. To the fullest extent permitted by Law, Tenant hereby waives and releases all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Premises as may be provided byany law, statute or ordinance now or hereafter in effect, including Sections 1941 and 1942 of the California Civil Code. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof, except as specifically and expressly herein set forth. Notwithstanding the foregoing, if (i) a capital repair or replacement to any item described in this Section 13(b) is necessary or required, (ii) such repair or replacement would normally be capitalized under normal accounting practice and is in excess of Twenty Thousand Dollars ($20,000), and (iii) if as a result of such expenditure the useful life of item being repair or replaced (as such useful life is based on the estimated actual life pursuant to generally accepted accounting practices) will extend beyond the Lease Term, then, subject to the requirements set forth in this Section 13, Landlord will reimburse Tenant for Landlord's prorata share thereof within thirty (30) days following the substantial completion of the applicable repair or replacement. ▇▇▇▇▇▇▇▇'s prorata share of such expenditure shall be a fraction, the numerator of which is the number of months remaining on the useful life of the item being repaired or replaced after the expiration or sooner termination of this Lease, and the denominator of which is the total number of months of the useful life of the repaired or replaced item. As a condition precedent to ▇▇▇▇▇▇▇▇'s obligation to reimburse Tenant for a prorata share of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court such expenditure, Tenant shall first obtain Landlord's prior written approval of law or before a tribunal of competent jurisdiction. It is further agreed thatthe contractor, upon written notice to LANDLORD the plans and specifications, the amount of any such expenditure and the useful life resulting from such expenditure, which approval shall not be unreasonably withheld or delayed. Upon such approval, either party shall, at the other party's request, enter into an amendment of this Lease identifying the amount subject to reimbursement by ▇▇▇▇▇▇▇▇.
(c) Tenant shall, at Tenant’s sole cost and expense, procure and maintain regularly scheduled preventive maintenance/service contracts (copies of which shall be delivered to Landlord upon request), in form and substance approved by Tenant, for: (a) heating, air conditioning and ventilation equipment; (b) boiler, fired or unfired pressure vessels; (c) fire sprinkler and/or standpipe and hose or other automatic fire extinguishing systems, including fire alarm and/or smoke detection; and (d) elevators, to the extent solely within the Premises. All maintenance/service contracts shall include all services recommended by the equipment manufacturer within the operation/maintenance manual and shall become effective (and a copy thereof delivered to Landlord) within thirty (30) days following the Lease Commencement Date. The term of any such service contracts shall not extend beyond the Lease Term.
(d) If Tenant refuses or neglects to repair and maintain the Premises properly as required hereunder to the reasonable satisfaction of Landlord, then at any time following fifteen (15) days from the date on which Landlord makes a written demand on Tenant to effect such repair and maintenance and which is not cured by Tenant, Landlord may (i) enter upon the Premises and perform such maintenance and/or make such repairs, and upon completion thereof, Tenant agrees to pay to Landlord as Additional Rental, ▇▇▇▇▇▇▇▇’s costs for making such repairs plus ten percent (10%) of such costs for overhead, within 30 days after receipt from Landlord of a written itemized bill therefor, or maintenance that LANDLORD is required to undertake (ii) take over Tenant’s repair obligations for the remainder of the Term (including any Option Terms), and include the cost of same in Operating Expenses. Any amounts not reimbursed by law or under this AgreementTenant within the aforementioned 30-day period will bear interest at the Interest Rate until paid by ▇▇▇▇▇▇. Notwithstanding the foregoing, SUBTENANT, except the initial 15-day period set forth above shall be five (5) days in the case event of an emergency, shall not call on any person not employed by LANDLORD emergency which constitutes a dangerous condition to affect any repair persons or maintenance of the Premisesproperty.
Appears in 2 contracts
Sources: Lease Agreement (Heartflow, Inc.), Lease Agreement (Heartflow, Inc.)
Repairs. In From and after the event commencement of a breakdown and during the Term, the Tenant shall, at its own cost and expense: (i) make interior non-structural repairs, replacements and renewals necessary to keep the Premises in as good condition, order and repair as the same are at the commencement of the electrical Term or mechanical systemsthereafter may be put, LANDLORD reasonable wear and use and damage by fire or other casualty only excepted (it being understood, however, that the foregoing exception for reasonable wear and use shall not relieve the Tenant from the obligation to keep the Premises in good order, repair and condition), (ii) make all other repairs, replacements and renewals which are required due to the negligence or misconduct of the Tenant (except that Tenant's costs to make the repairs shall be liable for damages reduced by the amount of any insurance proceeds received by Landlord to cover the costs of any such repair or personal discomfort; howeverreplacement), LANDLORD and (iii) keep and maintain all portions of the Premises in a clean and orderly condition, free of accumulation of dirt, rubbish, and other debris. All repair, replacement and usage costs incurred in connection with the operation of the heating, ventilation and air conditioning exclusively servicing the Premises shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANTthe Tenant. CARE OF RENTED PREMISES SUBTENANT agrees to Tenant shall, at Tenant's expense, maintain service contract(s) for such systems and, on request of Landlord, provide a copy of such contract(s) and evidence of payment therefor. From and after the commencement of and during the Term, the Landlord shall make all necessary repairs, replacements and renewals, interior and exterior, structural and non-structural, to: keep the Rented Premises roof of the Building free of leaks and to maintain the foundation, floor slabs and other structural supports of the Building in a reasonable state good and sound condition, except for maintenance and repairs occasioned by the acts or negligence of cleanliness the Tenant or its agents excepted unless such acts or negligence are covered by the release provided in Paragraph 8 hereof; keep the Building and all electrical, mechanical, heating, ventilating and air conditioning, plumbing and other building systems and the parking areas, sprinklers and other improvements on the Property in as good condition, order and repair as the same are at the commencement of the Term or thereafter may be put, damage by fire or other casualty only excepted. The costs and expenses of Landlord's repairs, replacements and renewals shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or considered Common Expenses under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesParagraph 6 hereof.
Appears in 1 contract
Sources: Lease (Cidra Corp)
Repairs. In (a) Landlord shall perform all maintenance, replacements and repairs necessary to maintain the event roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building, and all plumbing and electrical fixtures and equipment and HVAC system components serving portions of the Building in addition to the Leased Space; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a breakdown reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the foregoing arises (a) from the gross negligence or wilful and wanton misconduct of Landlord or its employees or, subject to Section 3(a)(iii)(i) hereof, by any other tenant of the Building or such tenant's agents, employees, licensees, or invitees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord's right to recover same from the responsible party), or (b) negligence or wilful and wanton misconduct of Tenant, its agents, employees, licensees or invitees, in which case such cost shall be paid by Tenant. Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space, including without limitation, all plumbing, heating, ventilation, air conditioning and electrical lines, pipes, fixtures and equipment not expressly to be maintained by Landlord pursuant to subparagraph (a) and shall keep the Leased Space and the fixtures therein in neat and orderly condition. Without limiting the generality of the foregoing, Tenant at its expense is specifically required to make promptly all repairs (i) to that portion of any pipes, lines, ducts, wires or mechanical systemsconduits contained within the Leased Space which exclusively serve the Leased Space; (ii) to the glass windows, LANDLORD plate glass doors, and any fixtures or appurtenances composed of glass and which are located within the Leased Space; (iii) to Tenant's sign(s); and (iv) to any heating or air conditioning equipment installed in and exclusively servicing the Leased Space. During the Term, Tenant at its own expense shall keep in place a maintenance contract with a reputable heating and air conditioning service company reasonably acceptable to Landlord, and provide Landlord with a copy of the same. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials furnished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or central bodies having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers to furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant's particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord's interference with Tenant's use and occupancy of the Leased Space, Landlord shall not be liable for damages by reason of any injury to or personal discomfort; howeverinterference with Tenant's business arising from the making of any repairs, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDalterations, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises additions or improvements in a reasonable state of cleanliness and shall be liable for the costs of repair of damage or to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toLeased Space, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove Building or Center or to any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs appurtenances or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesequipment therein.
Appears in 1 contract
Sources: Lease Agreement (Viropharma Inc)
Repairs. In Excepting any obligations to be performed by Landlord expressly set forth under the event of a breakdown of the electrical or mechanical systemsLease, LANDLORD Tenant shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants take good care of the Premises or persons who are permitted and fixtures and appurtenances therein, and at its own cost and expense make all non -structural repairs (structural defined as load bearing walls, structural steel, foundation and roof structure not including roof membrane) thereto, as and when needed, to preserve them in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs good working order and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreementcondition, reasonable wear and tear and damage from the elements and casualty excepted. See Schedule 2 - Damage/Other Charges for charges Notwithstanding the foregoing, all damage or injury to the Premises or to any other part of the Property, or to its fixtures or appurtenances, where requiring structural or non-structural repairs, arising out of or related to Tenant’s use of the Premises or Property, or caused by the negligence or improper conduct of Tenant, or its employees, invitees, licensees or agents, shall be repaired promptly by Tenant at it sole cost and expense. All repairs and replacements by Tenant shall be of substantially equal quality to the original or material or part, and shall be performed in a good and workmanlike manner. The Tenant covenants and agrees that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail it shall not be cause or permit any waste (other than reasonable wear and tear), damages, disfigurement or injury to the subject Leased Premises or Property, or any overloading of the floors of the Building constituting part of the Leased Premises. The Tenant expressly covenants and agrees at its sole expense to replace any legal proceeding by SUBTENANT against ORIGINAL TENANT broken glass in the windows or LANDLORD other apertures of the Leased Premises, which may become damaged or injured. The Tenant shall at its own cost and expense, maintain, repair and keep free and clear of ice and snow the parking areas, access drives, sidewalks, steps and approach sidewalks to the Premises; and the Tenant shall further, at its own cost and expense, keep the exterior of the Premises free and clear of paper and other debris so as to keep same in a court of law or before a tribunal of competent jurisdictiongood and orderly manner as reasonably prescribed by Landlord. It is further agreed thatIn the event the Landlord, upon after having given prior written notice to LANDLORD Tenant of its intention to do so, expends any amounts to perform the Tenant’s obligation herein, then the Tenant shall pay as additional rent its share of such amounts expended as provided under the formula in Article 5 hereof. Tenant shall immediately notify the Landlord in writing of any repairs leaks or maintenance that LANDLORD is required damage to undertake the roof membrane. The Landlord assumes no responsibility for any damage to Tenant’s Property or any third party’s Property held by law or under this Agreement, SUBTENANT, except Tenant in the case of an emergency, shall not call on Leased Premises for any person not employed by LANDLORD to affect any repair reason or maintenance of the Premisescauses whatsoever.
Appears in 1 contract
Repairs. In Tenant shall give to Landlord prompt notice of any damage to, or defective condition in any part of or appurtenance to the event Building's plumbing, electrical, heating, air-conditioning or other systems serving, located in, or passing through the Premises. Subject to the provisions of Article 11, Tenant shall, at Tenant's own expense, keep the Premises, including everything therein (except the heating and air-conditioning systems), in good order, condition and repair during the term. Landlord shall, as part of the Operating Costs set forth in Article 6, maintain the heating and air-conditioning systems throughout the Building (including the Premises) and the outside walls, outside windows, roof and foundation of the Building containing the Premises in good order and repair. Repairs made by Landlord required due to negligence or fault of Tenant, its contractors, agents or employees shall be made at Tenant's expense, plus nineteen percent (19%) administrative charge. Tenant, at Tenant's expense, shall comply with all laws or ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Premises or to Tenant's use thereof, except that Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Premises, unless such alteration is required by reason of a breakdown condition which has been created by, or at the instance of, Tenant, or is required by reason of the electrical or mechanical systemsa breach of any of Tenant's covenants and agreements hereunder. All repairs made by Tenant shall be made using contractors approved by Landlord, LANDLORD which approval shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligenceunreasonably withheld. If SUBTENANT hires Tenant fails or neglects to comply with any laws or ordinances, rules and regulations of any governmental authority or insurance body as herein required of Tenant, then Landlord or its agents may enter the Premises and make said repairs and comply with any laws or ordinances, or the rules and regulations of any governmental authority or insurance body at the cost and expense of the Tenant, plus a service person without the consent of LANDLORDnineteen percent (19%) administrative charge, and in case Tenant fails to pay therefor upon notice within five (5) days thereafter, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness said cost and expenses shall be liable for the costs of repair of damage added to the Rented Premises next month's installment of Fixed Monthly Rent and be due and payable as such or residential complex caused by Landlord may deduct the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted same from any balance remaining in the residential complex by SUBTENANTLandlord's hands. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it This provision is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises in addition to the same condition as it was in right of Landlord to terminate this Lease by reason of default on the date part of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesTenant.
Appears in 1 contract
Sources: Office Space Lease (Paetec Corp)
Repairs. In The LANDLORD covenants to keep the event of a breakdown said building in good structural repair, so far as concerns the TENANT, except as herein otherwise provided; but no liability to the TENANT shall accrue under this covenant until after the TENANT has given reasonable notice in writing to the LANDLORD of the electrical specific repairs which are so required to be made. Nothing herein contained shall affect the liability of the LANDLORD in case of the destruction of the building or mechanical systemsthe demised premises or injury to the same by fire or other cause.
a. LANDLORD shall maintain the roof and the exterior walls of the Premises, excepting any glass or doors that are a part of the Premises, and any improvements done by or on behalf of the TENANT; provided that TENANT shall give LANDLORD prior written notice of the necessity of any repairs; and provided further that if any repair is required by reason of the negligence or intentional misconduct of TENANT or any of its agents, employees, or invitees, LANDLORD may make such repairs and add the cost thereof to the next installment of Rent thereafter coming due. Except as herein provided, LANDLORD shall not be liable for damages have no obligation to repair, maintain, alter, replace, or personal discomfort; howevermodify the premises or any part thereof, or any electrical, plumbing, heating, air conditioning, or other mechanical installation within or serving the premises. Initials: TENANT _________, DATE __________ Any failure by LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent to furnish, or delay in furnishing, any maintenance or services that are required of LANDLORDLANDLORD under this Section 17a or otherwise under this Lease, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex when such failure is caused by acts of God; accidents; breakage; repairs; strikes; lockouts; other labor disputes; the willful making of repairs, alterations, or negligent conduct of SUBTENANT, other occupants of improvements to the Premises or persons who are permitted in any part of the residential complex Project; inability to obtain an adequate supply of fuel, steal water, electricity, labor or other supplies; or by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S faultany other condition beyond LANDLORD'S reasonable control including, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT without limitation, any governmental energy conservation program shall not make constitute a default by LANDLORD under this Lease, shall not render LANDLORD liable for any alterations todamages directly or indirectly resulting from such failure or delay, shall not permit TENANT to abate any rent or decorate relieve TENANT from any of its obligation under th▇▇ ▇▇ase, shall not constitute a constructive or other eviction of TENANT, and shall not entitle TENANT to any damages resulting from such failure or delay.
b. TENANT shall keep the interior of the Premises, without LANDLORD’s prior written approval which includes, but is not limited to, all electrical, plumbing, heating, air conditioning, and shallother mechanical installations therein, upon termination of tenancy, remove any alterations and decorating all glass and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges doors that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in are a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance part of the Premises, and any improvements done by or on behalf of TENANT, in good order and clean and attractive appearance, making all repairs, alterations, replacements, and modifications at its own cost and expense, and using materials and labor of a kind and quality equal to that original work. TENANT shall maintain the Premises in accordance with all requirements of law. Including (without limitation) the American with Disabilities Act (as the same may be amended). TENANT agrees to maintain in good condition the electrical, heating and air conditioning equipment for the Premises with a licensed and insured contractor approved by LANDLORD.
Appears in 1 contract
Repairs. In Tenant shall give to Landlord prompt written notice of any damage to, or defective condition in the event Building structure or in any part or appurtenance of the Building’s plumbing, electrical, heating, air-conditioning, ventilation, sprinkler, elevator or other systems serving, located in, or passing through the Premises. Subject to the provisions of this Section 12, Tenant shall, at Tenant’s own expense, keep the Premises in good order, condition and repair during the term, except that Landlord, at Landlord’s expense (unless caused by the fault or negligence of Tenant, its contractors, agents, or employees in which case Tenant shall pay Landlord for any deductible and 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 exterior of the Building, the electrical, heating, air-conditioning, ventilation, sprinkler, elevator or other systems serving, located in or passing through the Premises, plumbing fixtures located in the Building (except those installed by Tenant with Landlord’s approval), outside walls, including windows, loadbearing walls (except as to surface damage done by or attributable to Tenant) and doors and roof. Tenant, at Tenant’s expense, shall comply with all laws and ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Premises or to Tenant’s use thereof, except that Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Premises, unless such alteration is required by reason of a breakdown condition which has been created by, or at the instance of, Tenant, or is required by reason of the electrical or mechanical systems, LANDLORD a breach of any of Tenant’s covenants and agreements hereunder. Landlord shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make repair any alterations toinjury or damage by fire or other cause, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of make any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject replacements of any legal proceeding by SUBTENANT against ORIGINAL TENANT panels, decoration, office fixtures, railing, ceiling, floor covering, partitions, or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except other property installed in the case Premises by Tenant unless such injury or damage is a direct result of an emergencynegligence on the part of Landlord or its contractors, shall agents or employees, and Tenant is not call on any person not employed by LANDLORD to affect any repair reimbursed for such injury or maintenance of the Premisesdamage from insurance proceeds.
Appears in 1 contract
Repairs. (a) Landlord shall maintain and repair the Building, including all structural portions and the exterior, all common areas, the exterior portions of the land that is part of the 9 Farms Springs property, including the paved and landscaped areas, and the heating, ventilating, air-conditioning, plumbing and electrical systems to the extent that such systems are not within the Premises. Tenant shall maintain and repair the interior of the Premises and keep the same in a neat and orderly condition and Tenant shall pay to Landlord all costs incurred by Landlord in making any repairs necessitated by Tenant's, its servants', agents', and employees' negligence as additional rent, payable within fifteen (l5) days from the date of rendition of a bill therefor. Notwithstanding the foregoing, Landlord shall, at Ten▇▇▇'s cost, repair and replace all lighting tubes, lamps and ballasts within the Premises; in addition, Landlord will, upon request of Tenant, perform any other repairs or replacements within the Premises, at Tenant's cost. Tenant covenants that it shall not make any repairs or in any way tamper with the heating, air conditioning, ventilating, electrical, plumbing or mechanical systems of the Building outside of the Premises.
(b) Tenant shall not place a load upon any floor of the Premises which exceeds the load per square foot which such floor was designed to carry and which is allowed by law.
(c) Business machines and mechanical equipment belonging to Tenant which cause noise or vibration that may be transmitted to the structure of the Building or to the Premises to such a degree as to be objectionable to Landlord shall be placed and maintained by the party owning the machines or equipment at such party's expense, in setting of cork, rubber or spring type vibration eliminators sufficient to eliminate noise or vibration. In the event of a breakdown any violation, Tenant shall he obligated to make such repairs to the Premises and Building, resulting therefrom and to take all steps reasonably necessary to eliminate such noise or vibration.
(d) Except as otherwise expressly provided in this Lease, Landlord shall have no liability to Tenant nor shall Tenant's covenants and obligations under this Lease be reduced or abated in any manner whatsoever by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to make in or to any portion of the electrical Building or mechanical systemsthe Premises, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage or to the Rented Premises fixtures, equipment or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants appurtenances of the Premises Building of the Premises, however Landlord shall exercise reasonable diligence to make such repairs or persons who are permitted changes in such manner as not to unreasonably interfere with Tenant's business in the residential complex by SUBTENANTPremises and as not to impose additional expense under Tenant. SUBTENANT Subject to Paragraph 24 hereof, Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required damage to unclog Tenant's property in the toilet(s) and it Premises that is found to be SUBTENANT’S faultcaused by Landlord's or its servants', the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toagents', or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove employees' negligence in connection with any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any such repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premiseschanges.
Appears in 1 contract
Sources: Office Lease (Darwin Professional Underwriters Inc)
Repairs. (a) Sublandlord shall use commercially reasonable efforts to obtain and/or have performed for Subtenant any and all services, repairs, alterations and other similar obligations which are the obligation of Landlord under the Prime Lease. In connection therewith, Sublandlord represents and warrants that the following sets forth Landlord’s repair obligations under the Prime Lease, which provision is hereby incorporated into this Sublease: “Landlord shall maintain the Building as a Class A office and laboratory building (with reference to other Class A office buildings in the Market (as defined in Section 4(g)) and thereafter maintain the Building as such. The costs and expenses of doing so shall be deemed to be "Expenses", subject to the provisions of Section 4 of this Lease. During the entire Term of the Lease, Landlord shall keep and maintain in good repair and working order and make repairs to and perform maintenance upon: (1) structural elements of the Building; (2) the base Building Systems including the mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building in general but excluding those for which the Tenant is responsible, such as the tie-ins or point of connection with those systems which are located within or exclusively serving the Premises; (3) Common Areas; (4) the roof of the Building, including the roof membrane; (5) exterior windows of and all other exterior portions of the Building and common area doors; and (6) elevators serving the Building. Landlord shall promptly make repairs (considering the nature and urgency of the repair) for which Landlord is responsible.” Subtenant shall maintain and repair the interior of the Premises and keep the same in a neat and orderly condition and Subtenant shall pay to Sublandlord all reasonable out-of-pocket costs incurred by Sublandlord in making any repairs necessitated by Subtenant's, its servants', agents', and employees' negligence as additional rent, payable within thirty (30) days from the date of rendition of a b▇▇▇ therefor. Subtenant covenants that it shall not make any repairs or in any way tamper with the heating, air-conditioning, ventilating, electrical, plumbing or mechanical systems of the Building outside of the Premises.
(b) Subtenant shall not place a load upon any floor of the Premises which exceeds the load per square foot which such floor was designed to carry and which is allowed by law.
(c) Business machines and mechanical equipment belonging to Subtenant which cause noise or vibration that may be transmitted to the structure of the Building or to the Premises to such a degree as to be objectionable to Sublandlord shall be placed and maintained by the party owning the machines or equipment at such party's expense, in setting of cork, rubber or spring type vibration eliminators sufficient to eliminate noise or vibration. In the event of a breakdown any violation, Subtenant shall be obligated to make such repairs to the Premises and Building, resulting therefrom and to take all steps reasonably necessary to eliminate such noise or vibration.
(d) Except as otherwise expressly provided in this Sublease (including, without limitation, the incorporated portions of the electrical Prime Lease), Sublandlord shall have no liability to Subtenant nor shall Subtenant's covenants and obligations under this Sublease be reduced or mechanical systemsabated in any manner whatsoever by reason of any inconvenience, LANDLORD shall not be liable for damages annoyance, interruption or personal discomfort; howeverinjury to business arising from Sublandlord's making any repairs or changes which Sublandlord is required or permitted by this Sublease, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDor required by law, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises make in a reasonable state of cleanliness and shall be liable for the costs of repair of damage or to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants any portion of the Premises Building or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises or in or to the same condition as it was in on fixtures, equipment or appurtenances of the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance Building of the Premises.
Appears in 1 contract
Repairs. In Except for ordinary wear and tear and as otherwise provided in this Lease, Tenant shall, at all times during the event Term hereof, at its sole expense, keep all Tenant's movable and removable fixtures located in or appurtenant to the Premises in good order, repair and condition, and Tenant shall promptly arrange with Landlord to have Landlord (or Landlord's agent) make repairs of a breakdown all other damages to the Premises and the replacement or repair of all damaged or broken glass (including signs thereon), fixtures and appurtenances (including hardware and heating, cooling, ventilating, electrical, plumbing and other mechanical facilities in the electrical Premises), with materials equal in quality and class to the original materials damaged or mechanical systemsbroken, LANDLORD within any reasonable period of time specified by Landlord. Landlord may, but shall not be liable required to do so, enter the Premises at all reasonable times to make any repairs, alterations, improvements or additions, including, but not limited to, ducts and all other facilities for damages heating and air conditioning service, as Landlord shall desire or personal discomfort; howeverdeem necessary for the safety, LANDLORD preservation or improvement of the Building, or as Landlord may be required to do by any Government Entity or Law. The cost of all repairs made by Landlord to the Property which are made necessary as a result of misuse or neglect by Tenant or Tenant's employees, invitees or agents shall carry out be paid as additional Rent by Tenant to Landlord within 30 days after Tenant is billed for same. The cost of all other repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the and replacements (except those caused by ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees ▇▇▇'s misuse or negligence and those relating to keep the Rented Premises in a reasonable state of cleanliness and Tenant's movable fixtures) shall be liable paid for by the costs Landlord and deemed an item of repair Operating Expenses. Tenant shall notify Landlord, in writing, of any damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants promptly after learning of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisessame.
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Repairs. In Tenant shall give to Landlord prompt written notice of any damage to, or defective condition in any part of or appurtenance to the event Building's plumbing, electrical, heating, ventilating, air-conditioning or other systems serving, located in, or passing through the Premises. Subject to the provisions of Article 11 of this Lease and Landlord's warranty of Landlord's Work, Tenant shall, at Tenant's own expense, keep the Premises, including everything therein (except the heating and air-conditioning and other Building Systems and any structural portions of the Building), in good order, condition and repair during the term. Landlord shall, 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 (including the Premises) and the outside walls, outside windows, floors, foundations, and roof of the Building in good order and repair. Repairs made by Landlord required due to negligence or fault of Tenant, its contractors, agents or employees shall be made at Tenant's expense plus a 19% administrative charge. Tenant, at Tenant's expense, shall comply with all laws or ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to 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 Premises or with respect to the Premises, or which may require change(s) in or to the Buildings Systems not exclusively serving and located in the Premises, compliance with which shall be Landlord's sole responsibility unless such alteration or improvement to the Premises or change to the Building System(s) is required by reason of a breakdown condition which has been created by, or at the instance of, Tenant, or is required by reason of the electrical or mechanical systems, LANDLORD a breach of any of Tenant's covenants and agreements hereunder. All repairs made by Tenant shall be made using contractors approved by Landlord which approval shall not be liable for damages unreasonably withheld, conditioned or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesdelayed.
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Repairs. In Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the event of a breakdown 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 mechanical systemsrequired 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, LANDLORD 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 liable for damages required to, enter the Premises at all reasonable times to make such repairs, alterations, improvements or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees additions to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted to the Project or to any equipment located in the residential complex by SUBTENANT. SUBTENANT Project as Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber desire or deem necessary or as Landlord may be required to unclog the toilet(sdo by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) and it is found to be SUBTENANT’S faultemergencies, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to(ii) repairs, alterations, improvements or additions required by governmental or quasi- governmental authorities or court order or decree, or decorate (iii) repairs which are the Premisesobligation of Tenant hereunder, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore such entry into the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to by Landlord shall be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD performed in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall manner so as not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.to
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Repairs. In the event of a breakdown of the electrical or mechanical systems, LANDLORD (a) Landlord shall not be liable required to make any repairs or improvements of any kind upon or to the Premises, except as stated in this Paragraph 29. Landlord shall maintain in good condition throughout the Lease term and make all necessary repairs to the Shopping Center foundations, roofs, downspouts, gutters and structural repairs to the exterior of the building (excluding the interior of all walls within the Premises and the exterior and interior of all windows, glass, showcases, doors, door frames and bucks) and the sewer and water lines servicing the Premises that are located outside of the Premises and the sprinkler system, unless the necessity for damages any of such repairs shall have been occasioned by any action, omission to act or personal discomfort; howevernegligence of Tenant, LANDLORD its assignees, subtenants, concessionaires or licensees, or their respective employees, agents, or contractors, in which event Tenant agrees to make such repairs, at Tenant's cost and expense. Landlord shall carry out not be required to commence any such repair until after written notice from Tenant that the same is necessary, which notice, except in case of an emergency, shall allow Landlord a reasonable time in which to commence and complete such repair. Landlord shall use reasonable efforts to do said repair work with minimum inconvenience, annoyance, disturbance and loss of business to Tenant, as may be reasonably possible under the circumstances consistent with accepted construction practice in the vicinity, and so that such work shall be expeditiously completed, but in no event shall Landlord be required to incur any additional expenses for work to be done during hours or days other than regular business hours and days.
(b) Subject to the provisions of subparagraph (a) of this Paragraph 29, Tenant agrees, at Tenant's cost and expense, to keep and maintain the Premises and each and every part thereof for Tenant's use and general use, in good repair, order and condition and in compliance with all Laws and to make all repairs with reasonable diligence. If SUBTENANT hires a service person and replacements thereto, and to the fixtures and equipment therein and the appurtenances thereto, including without limiting the consent generality of LANDLORDthe foregoing, the ▇▇▇▇ Tenant's Work designated in Exhibit "B," the exterior and interior windows and window frames, doors and door frames, entrances, store fronts, including store front metal work, signs, showcases, floor and wall coverings, interior walls, partitions, insulation, and the lighting, electrical, heating, air conditioning, plumbing, and sewerage systems, lines, pipes, equipment, fixtures and facilities within or serving the Premises, or plenum above the Premises, and the escalators and elevators therein, if any, and the floor slab and that portion of service will be any pipes, lines, ducts, wires or conduits installed by Landlord or Tenant contained under, above or within, and exclusively serving the responsibility of SUBTENANTPremises. CARE OF RENTED PREMISES SUBTENANT agrees to Tenant shall keep and maintain the Rented Premises in a reasonable state first-class and attractive condition throughout the Lease Term. Tenant shall replace all damaged or broken glass with glass of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises equal quality with that broken or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANTdamaged, except in the case of an emergencydamage or destruction by fire or other insurable casualty or by eminent domain, the obligations of Landlord and Tenant shall be controlled as hereinafter provided.
(c) Following the initial construction of the Premises in compliance with this Lease, Tenant may, with prior notice to Landlord, at Tenant's cost and expense, paint or paper interior walls or change floor coverings in the interior of the Premises only, provided that (i) the structural integrity of the building shall not call on any person not employed by LANDLORD to affect any repair be affected or maintenance diminished; (ii) the value of the Premisesbuilding is not diminished; (iii) the exterior appearance (including store front) of the Premises is not altered or changed; (iv) the cost of any such alteration, addition or decoration does not exceed Five Thousand Dollars ($5,000.00); and (v) the sprinkler system design is not affected, modified, altered or changed. In all other instances, Tenant shall secure the prior approval and consent of Landlord for any alteration, construction or improvement.
(d) In the event (i) Landlord undertakes a substantial remodeling of the common areas and/or the exterior of the Shopping Center, including, without limitation, an expansion of the Shopping Center in an amount equal to or in excess of ten percent (10%) of the then existing GLA of the enclosed mail, or (ii) this Lease provides for a lease term in excess of five (5) years, then, in the event mentioned in (i) hereof, Tenant
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Repairs. In Landlord shall, at Landlord's sole cost and expense (but which may be included in Operating Expenses to the event of a breakdown extent permitted hereunder), keep and maintain in good working order and repair, and shall make such improvements, repairs or replacements as are necessary or appropriate to, the exterior walls, all structural components and elements of the electrical or mechanical systemsProject, LANDLORD shall not be liable for damages or personal discomfort; howeverlobbies, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person stairs, elevators (including without the consent of LANDLORDlimitation, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness cabs and shall be liable for the costs of repair of damage doors), corridors and corridor walls and wall treatments, carpeting, public restrooms, roofs, plate glass, parking areas, paved areas, walkways and drives, landscaping, base Building improvements, and all facilities, systems and equipments relating to the Rented Premises or residential complex caused by the willful or negligent conduct furnishing of SUBTENANTservices (including mechanical, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs electrical, water, heating, ventilating and unclogging of toilets. Should a plumber be required to unclog the toilet(sair conditioning, life safety and elevators) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done provided by LANDLORDLandlord pursuant to this Lease, all at such times, in such manner and to such extent as is reasonably necessary or appropriate to maintain the Project in good order and condition consistent with a first-class office building located in the Greenway Plaza and Galleria areas in Houston. It is agreed All repairs, alterations or additions that any request for maintenance affect the Project's structural components or repairs not major mechanical, electrical or plumbing systems shall be made via e-mail shall not be the by Landlord or its contractors only, and, subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed thatto Section 6.7, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergencyany damage to such components or systems caused by Tenant or Tenant's agents, employees, construction contractors, or cleaning contractors, shall be paid for by Tenant in an amount equal to Landlord's costs plus seven percent (7%) for overhead, which shall be payable within thirty (30) days after demand. Notwithstanding anything to the contrary contained in this Section 5.2.1, Landlord shall not call on be required to make any person not employed by LANDLORD improvements to affect or repairs of any repair kind or maintenance character to the leasehold improvements within the Leased Premises during the Term, except (i) subject to Section 6.7, repairs to leasehold improvements to the extent they have been damaged as a result of the Premisesnegligence of Landlord, or Landlord's agents, employees, construction contractors, or cleaning contractors, and (ii) repairs to Building standard improvements as may be necessary for normal maintenance; provided, however, non-Building standard leasehold improvements shall, at Tenant's written request, be maintained, repaired or replaced by Landlord at Tenant's expense, at a cost equal to Landlord's costs plus seven percent (7%) overhead, which shall be payable within thirty (30) days after demand. Landlord shall, as a part of Operating Expenses, replace the flooring in the elevators serving the Leased Premises at least every three (3) years during the Term, such replacement flooring to be of a quality in keeping with a first-class office building located in the Greenway Plaza and Galleria areas in Houston.
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Repairs. In the event of a breakdown Section 6.01. Tenant shall take good care of the Demised Premises and the fixtures therein and all portions of the HVAC, mechanical, plumbing and electrical systems within and exclusively serving the Demised Premises, and at its sole cost and expense make all repairs thereto as and when needed to preserve them in good working order and condition, except to the extent such repairs are needed as a result of Landlord's misuse or mechanical systemsnegligence. All damage or injury to the Demised Premises or the Building or to any building equipment or systems caused by Tenant moving property in or out of the Building or by installation or removal of personalty or resulting from negligence or conduct of Tenant, LANDLORD its employees, agents, contractors, customers, invitees and visitors, shall be repaired, promptly by Tenant at Tenant's expense, and whether or not involving structural changes or alterations, to the satisfaction of Landlord. All repairs shall include replacements or substitutions where necessary and shall be at least equal to the quality, class and value of the property repaired, replaced or substituted and shall be done in a good and workmanlike manner.
Section 6.02. Landlord, at its expense, shall maintain and make all repairs and replacements, structural and otherwise, to the exterior and public portions of the Building, to the sidewalks, to the common areas, to the Building fixtures and equipment and to the Demised Premises, unless Tenant is required to make them under the provisions of Section 6.01 or unless required as a result of the performance or existence of alterations performed by Tenant or on Tenant's behalf, in which event Tenant, at its expense, shall perform such maintenance, repairs or replacements. Tenant shall notify Landlord of the necessity for any repairs for which Landlord may be responsible in the Demised Premises under the provisions of this Section after learning of same, and Landlord shall make such repairs promptly. Landlord shall have no liability to Tenant by reason of any inconvenience, annoyance, interruption or injury to business arising from Landlord's making any repairs or changes which Landlord is required or permitted by this Lease, or required by law, to make in or to any portion of the Building or the Demised Premises, or in or to the fixtures, equipment or appurtenances of the Building or the Demised Premises. However, Landlord shall use reasonable efforts to make such repairs or changes in an manner that minimizes interference with the normal conduct of Tenant's business, provided Landlord shall not be liable for damages required to employ overtime or personal discomfort; however, LANDLORD premium labor. All repairs shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness include replacements or substitutions where necessary and shall be liable for the costs of repair of damage at least equal to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants quality and value of the Premises property repaired, replaced or persons who are permitted substituted and shall be done in a good and workmanlike manner.
Section 6.03. Tenant shall not store or place any materials or other obstructions in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging lobby or other public portions of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toBuilding, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be sidewalk abutting the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesBuilding.
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Sources: Lease (Escala Group Inc)
Repairs. In Landlord shall, at its sole expense(unless need for repair is caused by Tenant), maintain and promptly repair the event of a breakdown public and structural portions of the electrical or Building, both exterior and interior, and all Building wide mechanical systems, LANDLORD elevators and the roof of the Building. 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 condition, reasonable wear and tear and damage for which Tenant is not responsible under the terms of this Lease excepted. Tenant shall pay Landlord for all replacements to the lamps, tubes, ballasts and starters in the lighting fixtures installed in the Premises. Notwithstanding the foregoing, 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, resulting from the negligence or wrongful acts 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 commercially reasonable satisfaction of Landlord. Tenant also shall repair all damage to the Building and the Premises caused by the moving of Tenant’s fixtures, furniture or equipment. All the aforesaid repairs shall be of quality and class substantially equal to the original work or construction and shall be made in accordance with the provisions of Article 3 hereof. If Tenant fails after twenty (20) days notice from Landlord to proceed with due diligence to make repairs required to be made by Tenant hereunder, and if Landlord thereafter elects to make any repairs in or to the Building or the facilities and systems thereof for which Tenant is responsible, the same may be made by Landlord, at the expense of Tenant, and the expenses thereof incurred by Landlord shall be collectible by Landlord as additional rent promptly after rendition of a b▇▇▇ or statement therefor. Tenant shall give Landlord prompt notice of any defective condition in the Premises for which Landlord may be responsible hereunder. Except as expressly provided in Article 10 hereof or elsewhere in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by reason of inconvenience, annoyance or injury to business arising from Landlord, Tenant or others making, or failing to make, any repairs, alterations, additions or improvements in or to any portion of the Building, or the Premises, or in or to fixtures, appurtenances, or equipment thereof. If the Premises be or become infested with vermin, Tenant, at Tenant’s expense, shall cause the same to be exterminated from time to time to the satisfaction of Landlord and shall employ such exterminators and such exterminating company or companies as shall be reasonably approved by Landlord. The water and wash closets and other plumbing fixtures shall not be used for any purposes other than those for which they were designed or constructed, and no sweepings, rubbish, rags, acids or other substances shall be deposited therein. If at any time any windows of the Premises are temporarily darkened, if required by law, Landlord shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness any damage Tenant may sustain thereby and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail Tenant shall not be entitled to any compensation therefor nor abatement of Rent nor shall the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of same release Tenant from its obligations hereunder nor constitute an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premiseseviction.
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Repairs. Tenant shall give to Landlord prompt written notice of any damage to, or defective condition in any part or appurtenance of the Building’s plumbing, electrical, heating, air-conditioning or other systems serving, located in, or passing through the Premises. Subject to the provisions of this Section 20, the Tenant shall, at the Tenant’s own expense, keep the Premises in good order, condition and repair during the Term, except that the Landlord, at the Landlord’s expense (unless caused by the fault or negligence of the Tenant, its contractors, agents, or employees) shall keep in repair the elevators, electrical lines, plumbing fixtures located in the Building (except those installed by Tenant) heating and air-conditioning equipment, outside walls, including windows, and roof. In addition, if any damage to the event Building or Premises results from any act or neglect of Tenant or Tenant’s agents, employees or invitees, the Landlord may, at the Landlord’s option, repair such damages and the Tenant shall thereupon pay to the Landlord the total cost of such repair. The Tenant at the Tenant’s expense, shall comply with all laws and ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Premises or to the Tenant’s use thereof, except that the Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Premises, unless such alteration is required by reason of a breakdown condition which has been created by, or at the instance of, the Tenant, or is required by reason of a breach of any of the electrical or mechanical systems, LANDLORD Tenant’s covenants and agreements hereunder. Landlord shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make repair any alterations toinjury or damage by fire or other cause, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of make any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject replacements of any legal proceeding by SUBTENANT against ORIGINAL TENANT panels, decoration, office fixtures, railing, ceiling, floor covering, partitions, or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except other property installed in the case of an emergency, shall not call on any person not employed Premises by LANDLORD to affect any repair or maintenance of the PremisesTenant.
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Repairs. In From and after the event commencement of a breakdown and during the Term, the Tenant shall, except to the extent it is Landlord's responsibility or caused by the negligence of the electrical or mechanical systemsLandlord, LANDLORD shall not be liable for damages or personal discomfort; howeverat its own cost and expense, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDmake all interior nonstructural repairs, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees replacements and renewals necessary to keep the Rented Premises in as good condition, order and repair as the same are at the commencement of the Term reasonable wear and use and damage by fire and other casualty, taking by eminent domain only excepted, and keep and maintain all portions of the Premises in a reasonable state clean and orderly condition, free of cleanliness accumulation of dirt, rubbish, and shall be liable other debris, it being understood that the foregoing exception for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail use shall not be relieve the subject Tenant from the obligation to keep the Premises in good order, repair and condition. From and after the commencement of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD and during the Term, the Landlord shall make all necessary repairs, replacement and renewals, interior and exterior, structural and nonstructural as Common Expenses as in a court of law or before a tribunal of competent jurisdiction. It is further agreed thatParagraph 6 defined, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreementto: keep the Building and all its electrical, SUBTENANTmechanical, except heating, ventilating and air conditioning, plumbing and other building systems and the parking areas, sprinklers and other improvements on the Property in good condition, order and repair as the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance same are at the commencement of the PremisesTerm or thereafter may be put, damage by fire or other casualty only excepted; keep all driveways, walkways, parking areas and other improvements on the Property free of snow and sanded; keep all lawns and landscaped areas of the Property watered, fertilized and neatly trimmed; provide cleaning services and utilities to the common areas of the Building at a quality level similar to first class office buildings in suburban Boston. Notwithstanding, the Landlord shall, at its own cost and expense, and not as a Common Expense make all repairs necessary to keep the structural support elements of the Building in structurally good condition, order and repair, damage resulting from any act (not consented to in writing by the Landlord) and any omissions of the Tenant or its agents, contractors and employees, from reasonable wear and use and from fire or other casualty only excepted.
Appears in 1 contract
Sources: Lease Agreement (Navisite Inc)
Repairs. In Tenant shall give to Landlord prompt written notice of any damage to, or defective condition in the event Building structure or in any part or appurtenance of the Building's plumbing, electrical, heating, air--conditioning, ventilation, sprinkler, elevator or other systems serving, located in, or passing through the Premises. Subject to the provisions of this Section 12, Tenant shall, at Tenant's own expense, keep the Premises in good order, condition and repair during the term, except that Landlord, at Landlord's expense (unless caused by the fault or negligence of Tenant, its contractors, agents, or employees in which case Tenant shall pay Landlord for any deductible and 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 exterior of the Building, the electrical, heating, air-conditioning, ventilation, sprinkler, elevator or other systems serving, located in or passing through the Premises, plumbing fixtures located in the Building (except those installed by Tenant with Landlord's approval), outside walls, including windows, loadbearing walls (except as to surface damage done by or attributable to Tenant) and doors and roof. Tenant, at Tenant's expense, shall comply with all laws and ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Premises or to Tenant's use thereof, except that Tenant shall not hereby be under any obligation to comply with any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Premises, unless such alteration is required by reason of a breakdown condition which has been created by, or at the instance of, Tenant, or is required by reason of the electrical or mechanical systems, LANDLORD a breach of any of Tenant's covenants and agreements hereunder. Landlord shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make repair any alterations toinjury or damage by fire or other cause, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of make any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject replacements of any legal proceeding by SUBTENANT against ORIGINAL TENANT panels, decoration, office fixtures, railing, ceiling, floor covering, partitions, or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except other property installed in the case Premises by Tenant unless such injury or damage is a direct result of an emergencynegligence on the part of Landlord or its contractors, shall agents or employees, and Tenant is not call on any person not employed by LANDLORD to affect any repair reimbursed for such injury or maintenance of the Premisesdamage from insurance proceeds.
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Repairs. In (a) Tenant shall keep the event of a breakdown Premises (including, without limitation, all Fixtures) in good condition and, upon expiration or earlier termination of the electrical or mechanical systemsTerm, LANDLORD shall not be liable for damages or personal discomfort; howevershall, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage subject to the Rented Premises or residential complex caused by terms and conditions of Section 5.03(d) herein, surrender the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted same to Landlord in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreementwhen first occupied, reasonable wear and tear exceptedexpected. See Schedule 2 - Damage/Other Charges for charges Tenant's obligation shall include, without limitation, the obligation to repair all damage caused by Tenant, its agents, employees, invitees and licensees to the equipment and other installations in the Premises or anywhere in the Building. Any maintenance, repair or replacement to the windows (including, without limitation, any solar film attached thereto), the Building systems, the Building's structural components or any areas outside the Premises and which is Tenant's obligation to perform shall be performed by Landlord at Tenant's expense (which expense shall be equal to Landlord's actual out-of-pocket costs, which shall be commercially reasonable). Tenant shall not commit or allow to be committed any waste or damage to any portion of the Premises or the Building.
(b) Landlord shall at all times operate and maintain the Building in accordance with the standards that may apply. MAINTENANCE SUBTENANT covenants are customarily followed in the operation and maintenance of First-Class Office Buildings (as defined in the ▇▇▇▇▇▇▇▇▇) (the "Standard").
(c) Landlord shall use reasonable efforts to advise LANDLORDminimize interference with Tenant's use and occupancy of the Premises in making any repairs, via ealterations, additions or improvements to the Building or in the cleaning and maintenance thereof; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-mailcalled overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever, of expect that Landlord, at its expense, shall employ contractors or labor at so-called overtime or other premium pay rates if necessary to (i) meet the Standard or (ii) make any repairs or maintenance repair required to be done made by LANDLORD. It is agreed Landlord hereunder to remedy any condition that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD either (x) results in a court denial of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice access to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, the Premises and/or (y) except in the case of an emergencya fire or other casualty, shall not call on any person not employed by LANDLORD to affect any repair or maintenance precludes Tenant from conducting its business from more than thirty percent (30%) of the Premises. In all other cases, at Tenant's request, Landlord shall employ contractors or labor at so-called overtime or other premium pay rates and incur any other overtime costs or expenses in making any repairs, alterations, additions or improvements to the extent it is practicable to do so, and Tenant shall pay to Landlord, as additional rent, within twenty (20) days after demand, an amount equal to the difference between the overtime or other premium pay and straight time pay.
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Repairs. In (a) Landlord shall repair, maintain and as necessary, replace, the event roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building, and all plumbing and electrical fixtures and equipment and HVAC system components serving the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a breakdown reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the electrical foregoing arises (a) from the gross negligence or mechanical systemswillful and wanton misconduct of Landlord or its employees or, LANDLORD subject to Section 3(a)(iii)(i) hereof, by any other tenant of the Center or such tenant’s agents, employees, licensees, or invitees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party), or (b) negligence or willful and wanton misconduct of Tenant, its agents, employees, licensees or invitees, in which case such cost shall be paid by Tenant. Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space and the fixtures therein in neat and orderly condition. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials furnished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities or central bodies having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers to furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable for damages by reason of any injury to or personal discomfort; howeverinterference with Tenant’s Business arising from the making of any repairs, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDalterations, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises additions or improvements in a reasonable state of cleanliness and shall be liable for the costs of repair of damage or to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toLeased Space, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove Building or Center or to any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs appurtenances or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesequipment therein.
Appears in 1 contract
Sources: Lease Agreement (Viropharma Inc)
Repairs. In (a) Tenant shall keep, maintain and preserve the event of a breakdown Premises in good order, condition and repair, and shall, when and if needed, at Tenant's sole cost and expense, make all repairs to the Premises and every part thereof, including, without limitation, the interior surfaces of the ceilings, walls and floors, all doors, all interior windows, all non-standard plumbing, pipes, electrical wiring, light fixtures and bulbs, switches, furnishings, signs and special items and equipment installed by or mechanical systemsat the expense of Tenant. Landlord shall have no obligation to alter, LANDLORD remodel, improve, repair, decorate or paint the Premises or any part thereof. Tenant and Landlord affirm that Landlord has made no representations to Tenant respecting the condition of the Premises, the Building, the Common Areas, or the Project except as specifically set forth in this Lease.
(b) Anything Contained in Paragraph 15
(a) to the contrary notwithstanding, Landlord shall repair (including any necessary replacements) and maintain the Common Areas, including the landscaping, parking areas and exterior lighting, and the structural portions of the Building and the Building plumbing, heating, ventilating, air conditioning and electrical systems and the costs of such repairs and maintenance shall be included in Operating Expenses. Landlord shall not be liable for damages any failure to make any such repairs or personal discomfort; howeverto perform any maintenance unless such failure shall persist for any unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Paragraph 23, LANDLORD there shall be no abatement of rent to the extent of any insurance proceeds payable to Tenant under insurance policies which Tenant maintains or is required to carry out repairs under this Lease and no liability of Landlord by reason of any injury to or interference with reasonable diligence. If SUBTENANT hires a service person without Tenant's business arising from the consent making of LANDLORDany repairs, alterations or improvements in or to any portion of the Building, the ▇▇▇▇ Premises, the Common Areas, or the Project or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord's expense under any law, state or ordinance flow or hereafter in effect. No provisions of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and this Lease shall be liable for the costs of repair of damage construed as obligating Landlord to the Rented Premises perform any repairs, alterations or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT decorations except as otherwise expressly provided under this Lease.
(c) Tenant shall also be responsible for replacing the maintenance of all light bulbs telephone cable, and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore fiber optic wiring serving the Premises to (collectively the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted"Building Cable"). See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail Landlord shall not be responsible and shall have no liability for interruption in or failure of telephone or electronic data transmission services. Tenant shall abide by all reasonable written and nondiscriminatory rules and regulations hereafter promulgated by Landlord regarding access to the subject Building Cable. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, losses, liabilities, costs and expenses, including without limitation, actual attorneys' fees, incurred by Landlord and related to Tenant's access to or work performed in connection with the Building Cable.
(d) At Landlord's election as part of any legal proceeding by SUBTENANT against ORIGINAL TENANT Operating Expenses, Landlord may elect from time to time to procure and keep in effect as part of Operating Expenses, the following maintenance and service contacts: (i) landscaping, (ii) heating, ventilation and air conditioning equipment (iii) boiler, fired or LANDLORD in a court of law unfired pressure vessels, (iv) fire sprinkler and/or standpipe and hose or before a tribunal of competent jurisdiction. It is further agreed thatother automatic fire extinguishing systems including fire alarm and/or smoke detection systems, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement(v) roof covering and drain maintenance, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesand (vi) asphalt and parking lot maintenance.
Appears in 1 contract
Sources: Lease Agreement (Infocrossing Inc)
Repairs. In Landlord shall at its sole cost, upon reasonable written notice from Tenant, make the event of a breakdown necessary structural repairs and replacements to the exterior walls, and any load bearing interior walls and shall keep in good order, condition, and repair the exterior foundations, and roof and roof membrane of the electrical building containing the Premises (such obligation not to include all windows, and all operating parts such as overhead ducts or mechanical systemsfans or skylights). Except for the above and for what may otherwise be specifically provided for in this Lease, LANDLORD Tenant shall be responsible for all maintenance, repairs and replacements of and to the Premises, including but not be liable for damages limited to the following responsibilities: Tenant shall take good care of and maintain on a regular basis the Premises and the fixtures, appurtenances and systems in or personal discomfort; howeveraffecting the Premises (including but not limited to plumbing, LANDLORD sewers, roof, gutters, downspout, doors, painting, windows, electrical, heating, sprinkler and air conditioning, if any) and shall carry out make all repairs with reasonable diligence. If SUBTENANT hires a service person without thereto or replace as and when needed to preserve them in good working order and condition, and shall maintain the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state clean, neat condition. Tenant shall not permit or suffer the Premises to fall to such low temperature as would cause freezing of cleanliness the water lines or sprinkler servicing the Premises; and, in default hereof, Tenant shall promptly effect and pay for all repairs the need for which shall arise from such freezing, and shall be liable for the costs hold Landlord harmless from any loss, damage or liability caused by or arising out of repair of damage such freezing. Notwithstanding anything above to the Rented Premises contrary, all damage or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of injury to the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging to any other part of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations tosaid building, or decorate the Premisesto its fixtures, without LANDLORD’s prior written approval equipment and shallappurtenances, upon termination whether requiring structural or non-structural repairs caused by or resulting from carelessness, omission, neglect or improper conduct of tenancyTenant, remove any alterations its servants, employees, invitee or licensees, shall be repaired promptly by Tenant at its sole cost and decorating and restore the Premises expense, to the same condition as it was reasonable satisfaction of Landlord and in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.accordance with Section 8.01
Appears in 1 contract
Repairs. In 7.01. Tenant shall, at its sole cost and expense, make such repairs to the event demised premises and the fixtures and appurtenances therein as are necessitated by the act, omission, occupancy or negligence of Tenant or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, as and when needed to preserve them in good working order and condition. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the demised premises and to its fixtures, appurtenances and equipment caused by Tenant moving property in or out of the Building or by installation or removal of furniture, fixtures or other property, shall be repaired, restored or replaced promptly by Tenant at its sole cost and expense, which repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within 10 days after rendition of a breakdown of the electrical or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ therefor. The exterior walls of service the Building, the portions of any window ▇▇▇▇▇ outside the windows and the windows are not part of the premises demised by this Lease and Landlord reserves all rights to such parts of the Building.
7.02. Tenant shall not place a load upon any floor of the demised premises exceeding the floor load per square foot area which such floor was designed to carry and which is allowed by law. The floor of the demised premises will carry 50 pounds live load per square foot of floor space and 12 pounds for partitions per square foot of floor space.
7.03. Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees Building structure or to keep any leased space to such a degree as to be objectionable to Landlord or to any other tenant in the Rented Premises in a reasonable state of cleanliness and Building shall be liable for placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. The parties hereto recognize that the costs operation of repair of damage elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants parts of the Premises Building and demised premises. Landlord shall be under no obligation to endeavor to reduce such vibration, noise, heat or persons who are permitted cold beyond what is customary in current good building practice for buildings of the residential complex same type as the Building.
7.04. Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by SUBTENANTreason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment thereof. SUBTENANT Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber exercise reasonable diligence so as to minimize any interference with Tenant's business operations, but shall not be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to perform the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs an overtime or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisespremium pay basis.
Appears in 1 contract
Sources: Lease Agreement (Labranche & Co Inc)
Repairs. (a) Subject to the provisions of Article 6 hereof, Landlord shall perform all maintenance and make all repairs or replacement necessary to maintain the structural, plumbing, HVAC and electrical systems (including replacement of light bulbs, ballasts and fixtures), exterior doors and windows, roof, exterior walls, demising walls and floor (but excluding interior ceiling, wall and floor finishes), common areas and utility lines and connections servicing the Premises, the Building or the Development in good order and condition. Landlord shall commence such repairs as promptly as the circumstances reasonably permit and thereafter shall diligently pursue the same to completion with reasonable promptness. Notwithstanding anything contained in this Lease to the contrary, Tenant shall be responsible, at its sole cost and expense, for any maintenance, repairs and replacements made by the Landlord which are necessitated by the negligent acts, misuse or willful misconduct of Tenant, its agents, contractors, employees or invitees.
(b) Except as the Landlord is obligated for repairs as provided hereinabove, Tenant shall make at Tenant’s sole cost and expense, all repairs necessary to maintain the Premises and shall keep the Premises and the fixtures therein in neat, clean, safe and orderly condition. In addition, and notwithstanding anything contained in this Lease to the event of a breakdown contrary, the Tenant shall, at its sole cost and expense, maintain, repair and replace all lab equipment contained in the lab space portion of the electrical Premises, including without limitation all water treatment systems and vacuum equipment. If the Tenant refuses or mechanical systemsneglects to make such repairs, LANDLORD or fails to diligently prosecute the same to completion, after written notice from Landlord of the need therefore, Landlord may make such repairs at the expense of Tenant and such expense, along with a fifteen (15%) percent service charge, shall be collectible as additional rent.
(c) Landlord shall not be liable for damages by reason of any injury to or personal discomfort; however, LANDLORD shall carry out interference with Tenant’s business arising from the making of any repairs in accordance with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees this Article 16 in or to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted the Building and Development or to any appurtenances or equipment therein; provided that Landlord shall interfere as little as reasonably practicable with the conduct of Tenant’s business in the residential complex by SUBTENANTperformance of the foregoing. SUBTENANT There shall also be responsible for replacing all light bulbs and unclogging no abatement of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination Rent because of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANTsuch repairs, except as provided in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesArticle 20 hereof.
Appears in 1 contract
Sources: Office Lease Agreement (Cognition Therapeutics Inc)
Repairs. In the event of a breakdown (a) The Tenant shall accept possession of the electrical premises in “as is, where is” condition and the landlord will have no responsibility for completing any work or mechanical systemsimprovements to the premises or development except as may be expressly set out in this lease. Excepting only replacement of any material defects in the structural portions of the building, LANDLORD which, unless cause by the tenant or anyone for whom it is responsible at law, shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANTthe landlord. CARE OF RENTED PREMISES SUBTENANT agrees to keep The Tenant shall, at all times during the Rented Premises term and renewal thereof, promptly, at its own expense, repair and maintain and replace, as necessary, the premises (other than replacing structural portions of the building, unless such replacement is made necessary by the tenant or anyone for whom it is responsible at law) and all equipment, fixtures and improvements therein in a reasonable state first class condition. At the end or sooner termination of cleanliness the term or any renewal thereof the tenant shall yield up to the landlord, without notice from the landlord, the premises repaired and maintained in the condition aforesaid. Without limitation, and notwithstanding any other provision of this lease, the tenant shall be liable responsible at its expense for maintenance of the costs structural portions of repair the premises, for repairing cracking of damage the floor, walls ceiling and for repairing and maintaining the parking area. The tenant will provide to the Rented Premises landlord inspection reports from time to time confirming that it has undertaking prudent preventative maintenance and necessary repairs of material aspects of the premises, such as electrical and mechanical systems and heating, plumbing, venting, fire systems, doors, windows, and air conditioning Systems.
(b) The Tenant acknowledges that depreciation or residential complex caused amortization is a component of “Operating Costs” as defined in this lease. In each lease year, the landlord will estimate the life expectancy of the roof membrane, the exterior paint or other similar finish, the pavements, the HVAC systems in the building and all other depreciable components of the building (the “Depreciable Components”) that require periodic replacement. The determination of the life expectancy of the depreciable components and the amounts to be charged annually in order to permit the landlord to accumulate an adequate reserve of funds on a timely basis in order to periodically replace the depreciable components will be determined by the willful or negligent conduct of SUBTENANTlandlord, other occupants of in its sole discretion. Notwithstanding anything herein contained to the Premises or persons who are permitted in contrary, the residential complex by SUBTENANT. SUBTENANT shall also landlord will be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found performing or causing to be SUBTENANT’S faultperformed the work relating to the depreciable components, using the charge monies received from the tenant and from other tenants of the building. Nothing herein will require the landlord to account to the tenants for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, monies collected or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD otherwise hold such monies in a court of law separate or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesother reserve account.
Appears in 1 contract
Sources: Lease Agreement
Repairs. In If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment, and subject to all other terms of this Article, restore the event Premises to the condition as of completion of the Landlord Work, 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 breakdown mortgage on the Building, or the lessor of a ground or underlying lease with respect to the Property; or (c) to the Common Areas reasonably deemed desirable by Landlord, and which are consistent with the character of the electrical Project. No such modifications shall materially impair access to the Premises and any Common Areas serving the Premises or mechanical systemsthe functional use of the Premises by Tenant. Tenant shall be responsible, LANDLORD 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 Tenant’s Property. Landlord shall not be liable for damages or personal discomfort; howeverany loss of business, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toinconvenience, or decorate annoyance arising from any repair or restoration of any portion of the Premises, without LANDLORDthe Building, or the Project as a result of any damage from any casualty; except, subject to Section 17.3, as a result of Landlord’s prior written approval negligence or willful misconduct in connection with such repair or restoration that (i) materially interferes with the operation of Tenant’s business; and shall(ii) would not be covered under a standard business interruption insurance policy. Following Landlord’s repair of the Premises, upon termination of tenancy, remove any alterations and decorating Tenant shall repair and restore the Premises any improvements installed by Tenant to substantially the same condition as it was in on prior to the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANTcasualty, except for modifications required by Law. All work by Tenant shall be subject to the conditions set forth in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesthis Lease governing alterations and additions.
Appears in 1 contract
Sources: Lease (Ecost Com Inc)
Repairs. In If this Lease is not terminated as provided above, it shall continue in full force and effect, and Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment, and subject to all other terms of this Article, restore the event Premises, the Common Areas and the portions of the Project serving the Premises and Tenant shall assign to Landlord all insurance proceeds payable to Tenant as to any Alterations; provided that if the cost of the restoration of any Alterations by Landlord exceeds the amount of Tenant’s insurance proceeds therefor, as assigned by Tenant to Landlord, such excess shall be paid by Tenant to Landlord prior to Landlord’s restoration thereof. Such restoration shall be to substantially the same condition of such items as prior to the casualty, except for modifications (a) required by Law; (b) required by the holder of a breakdown mortgage on the Building, or the lessor of a ground or underlying lease with respect to the Property; or (c) to the Common Areas reasonably deemed desirable by Landlord, and which are consistent with the character of the electrical or mechanical systemsProject. No such modifications shall materially impair access to the Premises and any Common Areas serving the Premises. Tenant shall be responsible, LANDLORD at its sole cost and expense, for the repair, restoration, and replacement of Tenant’s Property. Landlord shall not be liable for damages or personal discomfort; howeverany loss of business, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toinconvenience, or decorate annoyance arising from any casualty or any repair or restoration of any portion of the Premises, without LANDLORD’s prior written approval and shallthe Building, upon termination or the Project as a result of tenancy, remove any alterations and decorating and restore the Premises damage from any casualty. All work by Tenant shall be subject to the same condition as it was in on the date terms and conditions of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesArticle 11.
Appears in 1 contract
Sources: Office Lease (HF Enterprises Inc.)
Repairs. In Landlord shall at all times during the event Lease Term maintain in good condition and operating order and in a manner reasonably commensurate with the maintenance standards of a breakdown owners of Comparable Buildings, the structural portions of the electrical Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas (collectively, the “Building Structure”), and the Base Building mechanical, electrical, life safety, plumbing and sprinkler systems installed or mechanical systemsfurnished by Landlord (collectively, LANDLORD the “Building Systems”). If such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Except as specifically set forth in this Lease to the contrary, Tenant shall not be liable required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for damages or personal discomfort; howeverother than normal and customary business office operations. Subject to Landlord’s obligations set forth above, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDTenant shall, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to at Tenant’s own expense, keep the Rented Premises, including all improvements, fixtures, furnishings, and systems and equipment therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers), and the floor or floors of the Building on which the Premises are located, in a good order, repair and condition at all times during the Lease Term. In addition, so long as the same is required of all other building occupants (including, without limitation, Zynga Inc.), Tenant shall, at Tenant’s own expense, but under the supervision and subject to the reasonable state prior approval of cleanliness Landlord, and shall be liable for the costs within any reasonable period of time specified by Landlord, promptly and adequately repair of all damage to the Rented Premises and replace or residential complex repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear or beyond the willful reasonable control of Tenant; provided however, that, if Tenant fails to make such repairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a percentage of the cost thereof (to be uniformly established for the Building and/or the Project) sufficient to reimburse Landlord for all reasonable overhead, general conditions, fees and other costs or negligent conduct expenses arising from Landlord’s involvement with such repairs and replacements within thirty (30) days following Landlord’s delivery of SUBTENANTan invoice for such cost. Subject to the provisions of Section 19.5.2 and Article 27, other occupants of 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 persons who are permitted to the Project or to any equipment located in the residential complex by SUBTENANT. SUBTENANT Project as Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber desire or deem necessary or as Landlord may be required to unclog do by governmental or quasi-governmental authority or court order or decree. To the toilet(s) extent reasonably practical, Landlord shall use commercially reasonable efforts to complete any repairs in a manner which does not materially, adversely affect Tenant’s use of or access to the Premises. Tenant hereby waives and it is found to be SUBTENANT’S faultreleases 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, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations tostatute, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was ordinance now or hereafter in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premiseseffect.
Appears in 1 contract
Sources: Office Lease (Airbnb, Inc.)
Repairs. In (a) Landlord shall keep the event of a breakdown Common Areas of the electrical Building and the Project in a clean and neat condition comparable to other similar class buildings in the Longmont, Colorado market. Subject to subparagraph (b) below, Landlord shall make all necessary repairs, within a reasonable period following receipt of notice of the need therefor from Tenant, to the HVAC, but excluding any supplemental HVAC units located within the Premises, exterior walls, exterior doors, exterior locks on exterior doors and windows of the Building, and to the Common Areas and to public corridors and other public areas of the Project not constituting a portion of any tenant’s premises and shall use reasonable efforts to keep all Building standard equipment used by Tenant in common with other tenants in good condition and repair and to replace same at the end of such equipment’s normal and useful life, reasonable wear and tear and casualty loss excepted. Except as expressly provided in Paragraph 9 of this Lease, there shall be no abatement of Rent and no liability of Landlord by reason of any injury to or mechanical systemsinterference with Tenant’s business arising from the making of any repairs, LANDLORD alterations or improvements in or to any portion of the Premises, the Building or the Project.
(b) Tenant, at its expense, (i) shall keep the Premises and all fixtures contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors selected by the Tenant and reasonably approved by Landlord, of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities and supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant or existing in the Premises at the time of Landlord’s delivery of the Premises to Tenant). Tenant shall make all repairs to the Premises not required to be made by Landlord under subparagraph (a) above with replacements of any materials to be made by use of materials of equal or better quality. Tenant shall do all decorating, remodeling, alteration and painting required by Tenant during the Lease Term. Tenant shall pay for the cost of any repairs to the Premises, the Building or the Project made necessary by any negligence or willful misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in or invited to the Premises or the Project by Tenant. If Tenant fails to make such repairs or replacements within forty-five (45) days after written notice from Landlord, Landlord may at its option make such repairs or replacements, and Tenant shall upon demand pay Landlord for the cost thereof. Tenant acknowledges and agrees that Landlord’s approval of Tenant’s contractors shall not in any way make Landlord liable or responsible for the condition, quality or function of such contractors or their work or constitute any undertaking, warranty or representation by Landlord with respect to any such matters. Additionally, any contractors selected by Tenant must meet the criteria for contractors required by the property manager of the Building. Notwithstanding anything herein to the contrary, Tenant, at Tenant’s sole cost and expense, shall be liable and responsible for damages (i) the maintenance, repair and replacement of any supplemental HVAC installed by Tenant in the Premises, including, without limitation, the data center room or mission control room, and (ii) any damage, liability or claims resulting from or arising from the use, operation, installation, maintenance and/or removal of any furniture, equipment, machinery or personal discomfort; howeverproperty (including, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDlimitation, the ▇▇▇▇ supplemental HVAC) in the Premises.
(c) Upon the expiration or earlier termination of service will be this Lease, Tenant shall surrender the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state safe, clean and neat condition, normal wear and tear excepted. Except as otherwise set forth in Paragraph 4(b) of cleanliness and this Lease, Tenant shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of remove from the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs trade fixtures, furnishings and unclogging other personal property of toilets. Should a plumber be required to unclog the toilet(s) Tenant, and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate all computer and phone cabling and wiring from the Premises, without LANDLORD’s prior written approval shall repair all damage caused by such removal, and shall, upon termination of tenancy, remove any alterations and decorating and shall restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreementits original condition, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that In addition to all other rights Landlord may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORDhave, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the event Tenant does not so remove any such fixtures, furnishings or personal property, Tenant shall be deemed to have abandoned the same, in which case of an emergencyLandlord may store the same at Tenant’s expense, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of appropriate the Premisessame for itself, and/or sell the same in its discretion.
Appears in 1 contract
Sources: Office Lease (Digitalglobe Inc)
Repairs. In Landlord shall at its sole cost and expense be responsible for and shall promptly make all (i) necessary repairs and replacements to the event of a breakdown structural elements and exterior of the electrical or Complex, the roof, roof membrane, foundations, supports, foundations, steelwork, all mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; howeverincluding heating, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without air conditioning, electrical and plumbing systems, (the consent of LANDLORDmechanical, heating, air conditioning, electrical and plumbing systems are referred to as the "systems"), the ▇▇▇▇ of service will parking lots, driveways, walkways, curbing and sidewalks, exterior lighting, elevator and building entrances/exits and (ii) necessary repairs and replacements to the Common Areas. Landlord shall also be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness responsible, at its sole cost and shall be liable expense for the costs periodic (annually, or more often if so required by the Occupational Safety and Health Act) cleaning of repair of damage the air ducts in the Complex. Landlord represents that as to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANTsystems, other occupants it will replace each of the Premises or persons who are permitted in the residential complex by SUBTENANTsystems, as necessary, at its sole cost and expense, with new fully operational systems and will not continuously attempt to repair such systems. SUBTENANT The Landlord shall also be responsible for replacing for, at its sole cost and expense, all light bulbs snow and unclogging of toiletsice removal from the parking lot, walkways and building entrances. Should a plumber be required Landlord shall use reasonable efforts to unclog minimize interference with Tenant's operations during Landlord's work to repair or replace. In the toilet(s) and it is found event Landlord fails to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations torepair or replacement which Landlord is obligated to do under this Article, after receipt of notice from Tenant and a reasonable opportunity to cure, not to exceed fifteen (15) days, then Tenant shall be entitled to offset such amounts from its future Basic Rent payments, until such time as the repair or decorate replacement, as applicable, shall be substantially completed, which set-off shall be apportioned from the Premises, without LANDLORD’s prior written approval and shall, sixteenth day after notice of the necessity of the repair or replacement based upon termination the amount of tenancy, remove any alterations and decorating and restore square footage of the Premises which is unusable to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear exceptedentire Premises. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants If Landlord fails to advise LANDLORD, via e-mail, of proceed with due diligence to complete any repairs or maintenance replacements required to be done made, the same may be completed by LANDLORDTenant at its option and at the expense of Landlord. It is agreed that any request for maintenance or repairs not made via e-mail Landlord shall not be pay such amount to Tenant within fifteen (15) days of demand by Tenant. In the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed thatevent Landlord fails to timely make such payment, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or Tenant may offset such amounts from its future Basic Rent payments under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD Lease until such amount is fully reimbursed to affect any repair or maintenance of the PremisesTenant.
Appears in 1 contract
Sources: Lease Agreement (Miix Group Inc)
Repairs. In Tenant will, at its own expense and subject to the event provisions of a breakdown Article 8 of this Lease, keep the electrical Premises in good repair and tenantable condition at all times during the Term of this Lease, and Tenant shall promptly and adequately repair all damaged or mechanical systemsbroken glass (including any glass demising walls and signs thereon), LANDLORD fixtures and appurtenances, under the direct supervision and with the approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, or at Landlord's election, Landlord may, but not need not, make such repairs or replacements and the amount paid by Landlord for such repairs and replacements (including Landlord's overhead and profit and the cost of general conditions) shall be deemed additional rent reserved under this Lease due and payable forthwith. Landlord may, but shall not be liable required so to do, enter the Premises at all reasonable times to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for damages aid conditioning service, as Landlord shall desire or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable deem necessary for the costs of repair of damage to the Rented Premises safety, preservation or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants improvement of the Premises or persons who are permitted the Building or any equipment located in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber Building, or as Landlord may be required to unclog do by the toilet(s) and it is found City of Chicago or by the order or decree of any court or by any other governmental authority. In the event Landlord or its agents or contractors shall elect or be required to be SUBTENANT’S faultmake repairs, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toalterations, improvements or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore additions to the Premises or the Building or any equipment located in the Building, Landlord shall be allowed to take into and upon the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges Premises all material that may apply. MAINTENANCE SUBTENANT covenants be required to advise LANDLORDmake such repairs, via e-mailalterations, improvements or additions and, during the continuance of any repairs of said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or maintenance required temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages to be done by LANDLORD. It is agreed that any request for maintenance Tenant's property, business or repairs not made via e-mail person, and the rent reserved herein shall in no way abat▇ ▇▇▇le said repairs, alterations, improvements or additions are being made, and Tenant shall not be the subject entitled to maintain any set-off or counterclaim for damages of any legal proceeding kind against Landlord by SUBTENANT against ORIGINAL TENANT or LANDLORD reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in a court of law or before a tribunal of competent jurisdiction. It is further agreed thatand about the Building and the Premises during ordinary business hours, upon written notice but if Tenant desires to LANDLORD of have the same done during any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, other hours Tenant shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisespay for all overtime and additional expenses resulting therefrom.
Appears in 1 contract
Sources: Lease Agreement (Winston Furniture Co of Alabama Inc)
Repairs. In Except for ordinary wear and as otherwise provided in this Lease, Tenant shall at all times during the event Term hereof, at its sole expense, keep the Premises and every part thereof in good order, repair and condition, and Tenant shall arrange with Landlord at Tenant's sole expense for the prompt repair of a breakdown all damages to the Premises and the replacement or repair of all damages or broken glass, fixtures and appurtenances (including hardware and heating, cooling, ventilating, electrical, plumbing and other mechanical facilities in the electrical Premises), with materials equal or mechanical systemssuperior in quality and class to the original materials damaged or broken, LANDLORD all repairs and replacements to be made under the supervision and with the prior written approval of Landlord, using contractors or persons designated by Landlord. If Tenant does not promptly make such arrangements, Landlord may, but need not, make such repairs and replacements and the amount paid by Landlord for such repairs and replacements shall be deemed Additional Rent reserved under this Lease due and payable forthwith. Landlord and its designees may, but shall not be liable required to, enter the Premises at all reasonable times to make any repairs, alterations, improvements or additions, including, but not limited to, ducts and all other facilities for damages heating and air conditioning service, as Landlord shall desire or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable deem necessary for the costs of repair of damage to the Rented Premises safety, preservation or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants improvement of the Premises Building, or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber as Landlord may be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibilitydo by any governmental authority or court order or decree. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination The cost of tenancy, remove any alterations and decorating and restore the Premises all repairs to the same condition Property made necessary as it was in on the date a result of commencement of this Tenancy Agreementmisuse or neglect by Tenant or Tenant's employees, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges invitees or agents shall be immediately paid as Additional Rent by Tenant to Landlord upon being billed for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisessame.
Appears in 1 contract
Sources: Office Lease (Universal Access Inc)
Repairs. In (a) Except as provided herein, Tenant shall, at its sole cost and expense, take good care of the Premises and the fixtures and appurtenances therein (including, without limitation, bathroom and plumbing fixtures and appurtenances) and make all repairs thereto as and when needed to preserve them in good working order and condition and maintain the Premises in a condition consistent with comparable buildings. Tenant, at its sole cost and expense, shall promptly replace all damaged or broken doors and glass in and about the Premises. All damage or injury to the Premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by or which arises out of (i) Tenant moving property in or out of the Building, or (ii) Tenant's installation or removal of furniture, fixtures or other property, or (iii) the performance or existence of any Alterations performed in the Premises by or on behalf of Tenant or anyone claiming possession through Tenant or (iv) Tenant's installation, use or operation of Tenant's property in the Premises or (v) from any other cause of any other kind or nature whatsoever due to carelessness, omission, neglect, improper conduct or other cause on the part of Tenant, its servants, employees, agents, visitors, or licensees, shall be repaired, restored or replaced promptly at Tenant's sole cost and expense to the reasonable satisfaction of Landlord. Any repairs required to be made by Tenant to the mechanical, electrical, plumbing, sanitary, heating, ventilating, air-conditioning, fire safety or other systems of the Building shall be performed only by contractor(s) designated by Landlord. Any other repairs in or to the Building and the facilities and systems for which Tenant is responsible may be performed by Landlord at Tenant's expense and may be charged to Tenant as additional rent in the event Tenant fails to perform such repairs; All repairs, restorations and replacements made by Tenant shall be in quality and class equal to the original work or installations and shall be of a breakdown of quality at least comparable to the electrical or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligencequality installed in the Building. If SUBTENANT hires Tenant fails to make such repairs, restoration or replacements, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within thirty (30) days after rendition of a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in therefor.
(a) Tenant shall not place a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants load upon any floor of the Premises exceeding the floor load per square foot area that such floor was designed to carry and that is allowed by law. If Tenant shall desire a floor load in excess of that which such floor was designed to carry and which is allowed by law, Tenant shall submit plans and specifications for such floor load to Landlord for Landlord's review and approval. Tenant shall pay all actual out-of-pocket costs and expenses incurred by Landlord in connection with its review of Tenant's plans and specifications.
(b) Landlord shall not unreasonably withhold or persons who are permitted delay its consent to Tenant's request to strengthen and reinforce the floor to provide the live load desired so long as Landlord's architects and engineers, in their sole discretion, find that the work necessary to increase such floor load (i) does not affect adversely the structure of the Building, (ii) will not interfere with the amount or availability of any space adjoining alongside, above or below the Premises, (iii) will not interfere with the occupancy of other tenants in the residential complex by SUBTENANTBuilding and (iv) may be accomplished without disturbing the load-bearing columns, walls or configuration of the Building. SUBTENANT Tenant's plans and specifications shall also provide for the restoration of the floor to its condition prior to such requested strengthening and reinforcement. Tenant shall agree to pay for or reimburse Landlord on demand for the reasonable cost of such strengthening and reinforcement and for the reasonable cost of restoration of the floor to its condition prior to such strengthening and reinforcement, as well as any other reasonable costs to and reasonable expenses of Landlord occasioned by or resulting from such strengthening or reinforcement.
6.3 Business machines and mechanical equipment used by Tenant that cause excess vibration, beyond what is typical for similar office space, noise, cold or heat that may be responsible transmitted to the Building structure or to any leased space to such a degree as to be objectionable to Landlord or to any other tenant in the Building shall be placed and maintained by Tenant at its expense in settings of cork, rubber or spring type vibration eliminators sufficient to absorb and prevent such vibration or noise, or prevent transmission of such cold or heat. Tenant acknowledges that the operation of elevators, air-conditioning and heating equipment will cause some vibration, noise, heat or cold that may be transmitted to other parts of the Building and Premises and Landlord shall make reasonable efforts to minimize same.
6.4 Except as otherwise specifically provided in this Lease, there shall be no allowance to Tenant for replacing all light bulbs a diminution of rental value and unclogging no liability on the part of toiletsLandlord by reason of inconvenience, annoyance or injury to business arising from the making of any repairs, alterations, additions or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances or equipment thereof, including the erection or operation of a ▇▇▇▇▇, ▇▇▇▇▇▇▇ or sidewalk shed. Should Landlord shall exercise reasonable diligence so as to minimize any interference with Tenant's business operations and shall exercise reasonable diligence not to block Tenant's windows (except due to or as a plumber result of a Legal Requirement or Landlord's necessary work, maintenance or repairs to the Building), but shall not be required to unclog perform the toilet(s) and it is found to be SUBTENANT’S faultsame on an overtime or premium pay basis.
6.5 Tenant will not clean, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make nor require, permit, suffer or allow any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore window in the Premises to be cleaned from the same condition as it was outside in on the date violation of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance Section 202 of the PremisesLabor Law or any other applicable Legal Requirement.
Appears in 1 contract
Repairs. In Tenant shall give to Landlord prompt notice of any damage to, or defective condition in any part of or appurtenance to the event Building's plumbing, electrical, heating, air-conditioning or other systems serving, located in, or passing through the Premises. Subject to the provisions of Article 11, Tenant shall, at Tenant's own expense, keep the Pre▇▇▇▇▇, including everything therein (except the heating and air-conditioning systems), in good order, condition and repair during the term. Landlord shall, as part of the Operating Costs set forth in Article 6, maintain the heating and air-conditioning systems through out the Building (including the Premises) and the outside walls, outside windows, roof and foundation of the Building containing the Premises in good order and repair. Repairs made by Landlord required due to negligence or fault of Tenant, its contractors, agents or employees shall be made at Tenant's expense, plus nineteen percent (19%) administrative charge. Tenant, at Tenant's expense, shall comply with all laws or ordinances, and all rules and regulations of all governmental authorities and of all insurance bodies at any time in force, applicable to the Premises or to Tenant's use thereof, except that Tenant shall not hereby be under any obligation to comply within any law, ordinance, rule or regulation requiring any structural alteration of or in connection with the Premises, unless such alteration is required by reason of a breakdown condition which has been created by, or at the instance of, Tenant, or is required by reason of the electrical or mechanical systemsa breach of any of Tenant's covenants and agreements hereunder. All repairs made by Tenant shall he made using contractors approved by Landlord, LANDLORD which approval shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligenceunreasonably withheld. If SUBTENANT hires Tenant fails or neglects to comply within any laws or ordinances, rules and regulations of any governmental authority or insurance body as herein required of Tenant, then Landlord or its agents may enter the Premises and make said repairs and comply with any laws or ordinances, or the rules and regulations of any governmental authority or insurance body at the cost and expense of the Tenant, plus a service person without the consent of LANDLORDnineteen percent (19%) administrative charge, and in case Tenant fails to pay therefore upon notice within five (5) days thereafter, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness said cost and expenses shall be liable for the costs of repair of damage added to the Rented Premises next month's installment of Fixed Monthly Remit and be due and payable as such or residential complex caused by Landlord may deduct the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted same from any balance remaining in the residential complex by SUBTENANTLandlord's hands. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it This provision is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises in addition to the same condition as it was in right of Landlord to terminate this Lease by reason of default on the date part of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesTenant.
Appears in 1 contract
Repairs. In (a) Landlord shall maintain and keep the event of a breakdown Common Areas of the Building and the Project in a good, clean and neat working order, condition and repair. Landlord shall make all necessary repairs and replacements, within a reasonable period following receipt of notice of the need therefor from Tenant, to (i) the footings, foundation, floor slab, sub-grade below floor slab and structural components (defined as the steel, floor slab, foundations, load-bearing interior and exterior walls, joists, steel frames and columnar supports) of the Project, including the Premises; (ii) all utility lines outside stub locations within the Premises, including plumbing mains and electrical panels, conduits and connections serving the Project; (iii) the exterior walls, exterior doors, exterior locks on exterior doors and windows of the Building; (iv) the roof of the Building, including roof structure, membrane, flashing, gutters, and downspouts; and (v) the Common Areas, parking areas, landscaping and public corridors and other public areas of the Project not constituting a portion of any tenant’s premises and shall use reasonable efforts to keep all Building standard equipment used by Tenant in common with other tenants in good condition and repair and to replace same at the end of such equipment’s normal and useful life, reasonable wear and tear and casualty loss excepted. Except as expressly provided in Paragraph 9 of this Lease, there shall be no abatement of Rent and no liability of Landlord by reason of any injury to or mechanical systemsinterference with Tenant’s business arising from the making of any repairs, LANDLORD alterations or improvements in or to any portion of the Premises, the Building or the Project. Tenant waives the right to make repairs at Landlord’s expense under any law, statute or ordinance now or hereafter in effect.
(b) Tenant, at its expense, (i) shall keep the Premises and all fixtures contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors selected by Landlord, of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities, and supplemental heating and air conditioning systems (including all plumbing within the Premises connected to said facilities or systems installed by or on behalf of Tenant or existing in the Premises at the time of Landlord’s delivery of the Premises to Tenant); provided Tenant shall not be liable responsible for damages maintenance and repairs attributable to latent defects, Hazardous Materials not caused by Tenant or personal discomfort; howeverpre-existing violations of Laws, LANDLORD including the ADA and IECC. Tenant shall carry out make all repairs to the Premises not required to be made by Landlord under subparagraph (a) above with reasonable diligencereplacements of any materials to be made by use of materials of equal or better quality. Tenant shall do all decorating, remodeling, alteration and painting required by Tenant during the Lease Term. Tenant shall pay for the cost of any repairs to the Premises, the Building or the Project made necessary by any negligence or willful misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in or invited to the Premises or the Project by Tenant. If SUBTENANT hires a service person without Tenant fails to make such repairs or replacements within fifteen (15) days after written notice from Landlord, Landlord may at its option make such repairs or replacements, and Tenant shall upon demand pay Landlord for the consent cost thereof, together with an administration fee equal to five percent (5%) of LANDLORDsuch costs.
(c) Upon the expiration or earlier termination of this Lease, Tenant shall surrender the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state safe, clean and neat condition, except for normal wear and tear, casualty loss, condemnation and repairs that are not Tenant’s obligation hereunder. Prior to the expiration or earlier termination of cleanliness this Lease, Tenant shall remove from the Premises (i) all trade fixtures, furnishings and other personal property of Tenant, except as otherwise set forth in Paragraph 4(b) of this Lease, and (ii) all computer and phone cabling and wiring installed by or on behalf of Tenant, and Tenant shall repair all damage caused by such removal, and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreementits original condition, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that In addition to all other rights Landlord may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORDhave, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the event Tenant does not so remove any such fixtures, furnishings or personal property, Tenant shall be deemed to have abandoned the same, in which case Landlord may store or dispose of an emergencythe same at Tenant’s expense, appropriate the same for itself, and/or sell the same in its discretion.
(d) Tenant, its permitted subtenants and contractors, and their respective agents, employees, licensees and guests, shall not call on any person not employed by LANDLORD have access to affect any repair or maintenance the Premises at all times, 24 hours per day, every day of the Premisesyear, subject to Landlord’s reasonable access procedures, the project’s rules and regulations and other reasonable limitations set forth in this Lease.
Appears in 1 contract
Repairs. In (A) Landlord shall during the event term of this Lease make all necessary repairs or alterations to the structural portion of the Buildings, defined as the foundation, roof, exterior walls, structural columns and structural beams and shafts, at its sole cost. Landlord shall also maintain, keep clean, safe and orderly, and repair and replace as necessary all common areas (including salting, sanding and snow removal from all parking areas, sidewalks, common entry ways and access roads to the Demised Premises). Notwithstanding the foregoing, if any of said repairs or alterations shall be made necessary by reason of repairs, installations, alterations, addition or improvements made by Tenant or anyone claiming under, Tenant, by reason of the fault or negligence of Tenant or anyone claiming under Tenant, by reason of a breakdown default in the performance or observance of any agreements, conditions or other provisions on the electrical part of Tenant to be performed or mechanical systemsobserved hereunder, LANDLORD by reason of any vehicles damaging the Demised Premises or by reason of any special use to which the Demised Premises may be put, Tenant shall make all such repairs or alterations as may be necessary, should the party at fault be found to be affiliated with Tenant except as otherwise required under Article 13 (A). Landlord shall not be liable for damages deemed to have committed a breach of any obligation to make repairs or personal discomfort; however, LANDLORD alterations or perform any other act unless Landlord shall carry out have made such repairs with reasonable diligenceor alterations or performed such other act negligently. If SUBTENANT hires a service person without The Landlord’s liability shall be limited to the consent cost of LANDLORDmaking such repairs or alterations or performing such other act. As used in this Lease, the ▇▇▇▇ expressions “exterior walls” and “roof” do not include rooftop heating and/or air conditioning units serving the Demised Premises exclusively or glass, windows, doors, window sashes or frames, door frames or sign belt.
(B) Tenant shall during the term of this lease make all repairs and alterations to the Demised Premises which Tenant is required to maintain and or replace as hereinafter set forth, which may be necessary to maintain the same in good order, repair and condition, or which may be required by any laws, ordinances, regulations or requirements of any public authorities having jurisdiction subject only to the provisions of Articles 13 and 14; and Tenant shall upon the expiration or other termination of the term of this lease remove its property and that of all persons claiming under it and shall yield up peaceably to Landlord the Demised Premises and all property therein other than property of Tenant or persons claiming under Tenant, broom clean, and in good order, repair and condition, and subject only to the provisions of Articles 13 and 14 and shall then surrender all keys for the Demised Premises and shall inform Landlord of all combinations on locks and safes. The property which Tenant is required to maintain is the Demised Premises and every part thereof, including without limitation, (I) the floor slab, and all walls, floors and ceilings, (II) the heating, ventilating air conditioning system and all utilities (water, gas, electricity and sewerage) conduits, fixtures, lamps, ballast, and light bulbs, meters and equipment to the extent the same serve the Demised Premises (III) all glass, windows, doors, window sashes and frame, and door frames, and (IV) Tenant shall at all times keep in full force and effect full (all labor and materials included) service will and maintenance contract, approved by Landlord, for the heating, ventilating, air conditioning system of the Demised Premises. Landlord may, at its option, reserve the right to be the contractor providing the above services and maintenance contracts and charge the Tenant for such cost at rates similar to those prevailing in the industry and approved by tenant which will not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall not be under any obligation to make repairs or alterations to the foundation, roof, exterior walls, floor slab (except to the extent that the Tenant has caused damage), structural columns or structural beams of the Demised Premises or to make any repair or assume any responsibility of SUBTENANTLandlord under Section (A) of this Article, except to the extent provided in Section (A) of this Article. CARE OF RENTED PREMISES SUBTENANT Tenant specifically agrees to replace all glass on the Demised Premises damaged with glass of the same kind and quality. Tenant also shall keep the Rented Demised Premises attractive in a reasonable state of cleanliness and appearance. So-called patch-paint jobs by Tenant shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants unacceptable. Not excepting any of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT above, landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesHVAC system for suite 104.
Appears in 1 contract
Repairs. In (a) Landlord shall repair, maintain and as necessary, replace, the event roof, load bearing walls (other than paint and wall coverings), floors (other than carpeting, tile and similar floor coverings), foundations and other structural elements of the Building, and all plumbing and electrical fixtures and equipment and HVAC system components serving the Building; provided, however, that Landlord shall not be obligated for any of such repairs until the expiration of a breakdown reasonable period of time after written notice that such repair is needed. The cost of same shall be included in the Operating Expenses to the extent provided in Section 3(a)(iii) unless the necessity for any of the electrical foregoing arises (a) from the gross negligence or mechanical systemswillful and wanton misconduct of Landlord or its employees or, LANDLORD subject to clause (I) of the second paragraph of Section 3(a)(iii) hereof, by any other tenant of the Center or such tenant’s agents, employees, licensees, or invitees, in which case such cost shall not be included as part of the Operating Expenses but shall be paid by Landlord (without prejudice to Landlord’s right to recover same from the responsible party), or (b) negligence or willful and wanton misconduct of Tenant, its agents, employees, licensees or invitees, in which case such cost shall be paid by Tenant. Any such maintenance, replacements or repairs and any labor performed or materials furnished by or upon the direction of Landlord shall be performed in a good and workmanlike manner, using only materials of at least the same quality and integrity as that being repaired or replaced, and performed and furnished in compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, and the requirements of any board of underwriters having jurisdiction thereof.
(b) Except as the Landlord is obligated for repairs as provided above or in Section 11, Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the Leased Space and the fixtures therein in neat and orderly condition. If the Tenant refuses or neglects to make such repairs or fails to diligently prosecute the same to completion after written notice from Landlord of the need therefore and a reasonable time for cure, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials furnished in, on or about the Leased Space shall be performed and furnished by Tenant in compliance with all applicable laws, regulations, ordinances and requirements of duly constituted authorities or central bodies having jurisdiction over the Building, the requirements of any board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by Landlord pertaining thereto. Without limitation of the foregoing, Landlord shall have the right to approve any and all contractors and suppliers to furnish materials and labor for such repairs, which consent shall not be unreasonably withheld, delayed or conditioned.
(c) If required solely as a result of Tenant’s particular activities at the Leased Space (as opposed to general occupancy thereof by any tenant), Tenant also shall comply with, and make any repairs and installations required by any applicable law.
(d) Provided that Landlord shall exercise reasonable efforts to effectuate its repairs in a manner which will keep at a minimum Landlord’s interference with Tenant’s use and occupancy of the Leased Space, Landlord shall not be liable for damages by reason of any injury to or personal discomfort; howeverinterference with Tenant’s Business arising from the making of any repairs, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDalterations, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises additions or improvements in a reasonable state of cleanliness and shall be liable for the costs of repair of damage or to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toLeased Space, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove Building or Center or to any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs appurtenances or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesequipment therein.
Appears in 1 contract
Sources: Lease Agreement (Viropharma Inc)
Repairs. In 10.01 Except as otherwise provided in this Section 10, Tenant agrees at its own expense to keep the event of a breakdown Improvements, including all structural, electrical, mechanical and plumbing systems at all times in good appearance and repair except for reasonable and normal wear and tear. Tenant will also pay all other expenses in connection with the maintenance of the electrical Premises including repair and upkeep of grounds, sidewalks, driveways and parking areas in a first class condition.
10.02 Notwithstanding any other provision of this Lease, from and after the date Tenant takes occupancy of the Premises any repairs, additions or mechanical systemsalterations to the improvements or any of its systems (e.g., LANDLORD plumbing, electrical, mechanical) structural or non-structural, which are required by any law, statute, ordinance, rule, regulation or governmental authority or insurance carrier, including, without limitation, OSHA, will be the obligation of Tenant. Provided, however, that Tenant shall not be liable responsible for damages any repairs, additions or personal discomfort; howeveralterations to the building or any of its systems (e.g. plumbing, LANDLORD electrical, mechanical) structural or non-structural which are required by any law, statute, ordinance rule, regulation or governmental authority or insurance carrier, including without limitation, OSHA if a violation or noncompliance existed at the time Tenant took occupancy of the Premises, in which case Landlord shall carry out be responsible for the repairs, additions or alterations as required.
10.03 Tenant acknowledges that he has examined the Premises prior to the making of this Lease, that he knows the condition thereof, that no representations as to the condition of the state of repairs with reasonable diligencethereof have been made by Landlord or Landlord's agent which are not expressly set forth herein, and that except as otherwise specifically set forth herein, Tenant hereby accepts the Premises in their present condition at the date of execution of this Lease. If SUBTENANT hires a service person without Anything contained herein to the consent of LANDLORDcontrary notwithstanding, the Premises at ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ shall be liable for in good order and repair upon the costs of repair of damage date occupancy is delivered to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of Tenant. Tenant will inspect the Premises at ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ prior to occupancy to assure that the facilities and equipment are in good condition and Landlord will agree to repair facilities or persons who are permitted in the residential complex by SUBTENANTequipment reasonably identified as substandard. SUBTENANT Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber not be required to unclog replace carpeting or repaint provided the toilet(s) walls and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was floors are in on the date of commencement of this Tenancy Agreementgood condition, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.
Appears in 1 contract
Sources: Net Lease (Axsys Technologies Inc)
Repairs. In Except as otherwise provided in Article 7, except as resulting from settling or sagging within standard engineering tolerance (provided that the event of a breakdown settling or sagging does not affect the surface or structural integrity of the electrical Building or mechanical systemsin any way materially affect the ordinary and customary use of the Premises, LANDLORD or any part thereof by Tenant), Landlord shall not be liable for damages or personal discomfort; howevermaintain the structural integrity of the Building, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person including, without the consent of LANDLORDlimitation, the ▇▇▇▇ of service will be the responsibility of SUBTENANTroof and roofing system, foundation, loading bearing and exterior walls. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT Landlord shall also be responsible for replacing (i) all light bulbs exterior maintenance, repairs and unclogging replacements necessary to keep in good condition and working order all common areas of toilets. Should a plumber be required to unclog the toilet(s) Park, and it is found to be SUBTENANT’S faultthe trees, shrubs, plants, landscaping, parking areas, driveways and walkways on the charge for Lot or elsewhere in the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall Park, including but not make any alterations limited to, or decorate all lighting and other fixtures and equipment serving such parking areas, driveways and walkways, (ii) providing the Premisesservices and performing the maintenance work set forth in Section 4.2 and Article 7 hereof, without LANDLORD’s prior written approval and shall(iii) performing necessary repairs and replacements to maintain the watertight integrity of the Building, upon termination of tenancy, remove any alterations and decorating and restore the Premises including but not limited to the same roof, exterior wall, windows and skylights. Landlord shall also maintain, repair and replace the HVAC, life/safety, plumbing, electrical and mechanical equipment in the Building, such that it shall be in good operating condition as it was in on throughout the date of commencement of this Tenancy AgreementTerm, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges Landlord shall make all of such repairs and replacements necessary to maintain the foregoing in good condition and working order and in compliance with all laws and all costs and expenses under this Section 5.1.3 shall be chargeable to Tenant to the extent provided by to the provisions of Section 4.2, except that Landlord shall be responsible at its sole cost and expense (except if relating to Tenant’s negligence and misuse, in which case the same shall be at Tenant’s cost and expense, subject to Section 10.13), to repair, maintain and replace throughout the Term the Building structure, including the footings, foundation and columns. All other repairs and maintenance reasonably required within the Premises, except as specifically otherwise provided for charges herein, shall be the responsibility of Tenant. In the event that may applyTenant gives notice to Landlord of a condition which Tenant believes requires Landlord’s repairs or a condition which, if left uncorrected, will necessitate Landlord’s repair, then, in accordance with the terms of this Section 5.1.3, Landlord shall respond promptly to investigate such condition, and, if such repairs are Landlord’s obligation hereunder, Landlord shall commence promptly to repair same and to diligently complete said repair. MAINTENANCE SUBTENANT covenants Tenant agrees during the Term to advise LANDLORD, via e-mail, provide Landlord notice as soon as reasonably possible of any condition within the Premises known to Tenant which might require, or if left uncorrected will necessitate, Landlord’s repair pursuant to this Section 5.1.3. Tenant shall have the right to require, at reasonable times and with reasonable advance notice, a representative of Landlord to inspect the Premises for repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not which may be the subject responsibility of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.Landlord;
Appears in 1 contract
Sources: Lease Agreement (Demandware Inc)
Repairs. In (a) Subject to Landlord’s repair obligations set forth in Paragraph 15(b), Tenant shall keep, maintain and preserve the event of a breakdown Premises in first-class condition and repair, and shall, when and if needed, at Tenant’s sole cost and expense, make all repairs to the Premises and every part thereof, including, without limitation, the interior surfaces of the ceilings, walls and floors, all doors, all interior windows, all non-standard plumbing, pipes, electrical wiring, light fixtures and bulbs, switches, furnishings, signs and special items and equipment installed by or mechanical at the expense of Tenant. Landlord shall have no obligation to alter, remodel, improve, repair, decorate or paint the interior of the Premises or any part thereof. Tenant and Landlord affirm that Landlord has made no representations to Tenant respecting the condition of the Premises, the Building, the Common Areas, or the Project except as specifically set forth in this Lease.
(b) Anything contained in Paragraph 15(a) to the contrary notwithstanding, Landlord shall repair and maintain in a first-class condition the structural portions of the Building and the Building roof, exterior windows, window seals, standard plumbing, heating, ventilating, air conditioning, electrical systems, LANDLORD landscaping, hardscaping, parking areas and exterior components of the Building, unless such maintenance and repairs are required in part or in whole by the act, neglect or omission of Tenant, its agents, servants, employees or invitees, in which case Tenant shall pay to Landlord, as additional rent, the reasonable cost of such maintenance and repairs. Landlord shall not be liable for damages any failure to make any such repairs or personal discomfort; howeverto perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as provided in Paragraph 23, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and there shall be liable for no abatement of rent and no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the costs making of repair of damage any repairs, alterations or improvements in or to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants any portion of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S faultBuilding, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORDthe Common Areas, or the Project or in or to fixtures, appurtenances and equipment therein. Tenant waives the right to make repairs at Landlord’s prior written approval expense under any law, statute or ordinance now or hereafter in effect. No provision of this Lease shall be construed as obligating Landlord to perform any repairs, alterations or decorations except as otherwise expressly provided under this Lease. If Landlord fails to perform any of its repair and shallmaintenance obligations as required in this Table of Contents Lease, upon termination of tenancy, remove any alterations and decorating such failure materially affects Tenant’s ability to use and restore occupy the Premises for the purposes permitted herein, Tenant shall have the right, but not the obligation, to perform such repairs or maintenance if such failure continues for more than fifteen (15) days after Landlord’s receipt of written notice from Tenant detailing the repairs or maintenance required; provided, however, that if the nature of the repairs or maintenance to be completed by Landlord is such that more than fifteen (15) days are required to complete such repairs or maintenance, Landlord shall have such additional time as is reasonably necessary to complete such repairs or maintenance so long as Landlord takes appropriate action to commence such repairs or maintenance within such fifteen (15) day period and thereafter diligently pursues such repairs or maintenance to completion. In such event, Landlord shall reimburse Tenant for the reasonable costs incurred by Tenant to complete such repairs or maintenance within thirty (30) days after receipt of Tenant’s written demand therefore, together with copies of the paid invoices evidencing the costs incurred by Tenant. Any repairs or maintenance permitted herein shall be performed in a good workmanlike manner by licensed contractors. If Landlord objects to the same condition as it was repairs or maintenance performed or the expenses incurred by Tenant in on performing such work, Landlord shall deliver a written notice of Landlord’s objection to Tenant within thirty (30) days after Landlord’s receipt of Tenant’s invoice evidencing the date expenses incurred by Tenant. Landlord’s notice shall set forth in reasonable detail Landlord’s reasons for its claim that such repairs or maintenance were not required or were not Landlord’s obligation under this Lease or the reasons for Landlord’s dispute of commencement the expenses incurred by Tenant in performing such work. In no event shall Tenant’s rights hereunder be construct to give Tenant any right of offset or to deduct any amount paid by Tenant or payable to Tenant from any amount payable by Tenant under this Tenancy AgreementLease. In addition, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORDnotwithstanding the foregoing, via e-mailneither Tenant, of nor Tenant’s contractors shall perform any repairs or maintenance required to, or that will affect the Building Structure and Systems.
(c) As between Landlord and Tenant, Landlord is recognized as the owner of telephone, cable, and any fiber optic wiring serving the Premises (collectively, the “Building Cable”) whether installed as of or following the Commencement Date. Tenant shall be responsible for the maintenance of all Building Cable. Tenant’s access to be done the Common Areas for the purposes of installing and maintaining the Building Cable is conditioned upon Landlord’s approval of Tenant’s service contract and appropriate insurance policies being obtained by LANDLORDthe entity installing the Building Cable. It is agreed that any request for maintenance or repairs not made via e-mail Landlord shall not be responsible and shall have no liability for interruption in or failures of telephone or electronic data transmission services except to the subject extent caused by the gross negligence or willful misconduct of Landlord. Tenant shall abide by all reasonable, written and nondiscriminatory rules and regulations hereafter promulgated by Landlord regarding access to the Building Cable. Tenant shall indemnify, defend and hold Landlord harmless from and against any legal proceeding and all claims, losses, liabilities, costs and expenses, including, without limitation, actual attorneys’ fees, incurred by SUBTENANT against ORIGINAL TENANT Landlord and related to Tenant’s access to or LANDLORD work performed in a court connection with the Building Cable.
(d) At Landlord’s election as part of law Operating Expenses, Landlord may elect from time to time to procure and keep in effect, as part of Operating Expenses, the following maintenance and service contracts: (i) landscaping, (ii) heating, ventilation and air conditioning equipment, (iii) boiler, fired or before a tribunal of competent jurisdiction. It is further agreed thatunfired pressure vessels, upon written notice to LANDLORD of any repairs (iv) fire sprinkler and/or standpipe and hose or maintenance that LANDLORD is required to undertake by law or under this Agreementother automatic fire extinguishing systems, SUBTENANTincluding fire alarm and/or smoke detection systems, except in the case of an emergency(v) roof covering and drain maintenance, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises(vii) asphalt and parking lot maintenance, and (viii) janitorial.
Appears in 1 contract
Sources: Lease Agreement (Synbiotics Corp)
Repairs. In the event of a breakdown Section 5.01. Tenant shall take good care of the electrical Demised Premises (including, but not limited to, any Class E Fire Alarm and Communication system installed therein and any installations made or mechanical systemsequipment installed therein as a result of any requirement of New York City Local Law #16 of 1984 or any successor law of like import) and, LANDLORD at Tenant's sole cost and expense, shall make all repairs and replacements, structural and otherwise, as and when needed to preserve the Demised Premises (including, but not limited to, any Class E Fire Alarm and Communication system installed therein and any installations made or equipment installed therein as a result of any requirement of New York City Local Law #16 of 1984 or any successor law of like import) in good working order and condition, except that Tenant shall not be liable for damages required to make any such repairs or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage replacements to the Rented Demised Premises unless necessitated or residential complex caused occasioned by the willful improper acts, improper omissions or negligent conduct negligence of SUBTENANTTenant or any person claiming through or under Tenant, other occupants or any of their servants, employees, contractors, agents, visitors or licensees, or by the manner of use or occupancy of the Demised Premises by Tenant or persons who are permitted any such person (in contradistinction to the mere use or occupancy of the Demised Premises as offices). Without affecting Tenant's obligations set forth in the residential complex by SUBTENANT. SUBTENANT preceding sentence, Tenant, at Tenant's sole cost and expense, shall also be responsible for replacing (i) make all light bulbs repairs and unclogging of toilets. Should a plumber be required replacements and perform all maintenance, as and when necessary, to unclog the toilet(slamps, tubes, ballasts, and starters in the lighting fixtures installed in the Demised Premises and all HVAC (as defined in Section 29.02) and it is found to be SUBTENANT’S fault, equipment installed in the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Demised Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore (other than the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.Building standard HVAC equipment)
Appears in 1 contract
Repairs. In Landlord shall at its own cost and expense throughout the event term of a breakdown this Lease, take good care of, and maintain in good working order and condition, the Demised Premises and the common areas of the electrical or mechanical systemsBuilding affecting the Demised Premises and the fixtures and appurtenances therein (excluding Tenant’s Property [as defined in Clause No. 16E below]), LANDLORD shall not be liable for damages or personal discomfort; howeverincluding, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDlimitation, the ▇▇▇▇ windows of service will the Building and the vertical and horizontal portions of the Base Building Systems, except that Landlord shall have no responsibility to make any repairs required as a result of (i) the acts of any agents, licensees, contractors, or any person claiming by, through or under Tenant or (ii) the acts of the Tenant or its employees; all of which repairs to the demised Premises of the Building (whether ordinary or extraordinary, structural or no-structural or foreseen or unforeseen) shall be the responsibility of SUBTENANTthe Tenant, which responsibility shall survive the expiration or earlier termination of this Lease. CARE OF RENTED PREMISES SUBTENANT Notwithstanding 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 extent 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 promptly make at Tenant’s expense, all repairs in and to the 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 or changes in Tenant’s manner of use of the Demised Premises, and to the extent that such repair or maintenance is not caused by any of the foregoing items, the cost of such maintenance and repair shall be borne by Landlord and included in Operating Expenses. Notwithstanding anything to the 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 Improvement Repairs”). Subject to the provisions hereof, Landlord shall perform Tenant 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 keep give prompt notice to Landlord of any defective condition in the Rented Demised Premises, including the plumbing, heating, air –conditioning or ventilation system or electrical lines located in, servicing or passing through the Demised Premises, and 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 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 or the Demised Premises, or in and to the fixtures, appurtenances or equipment thereof, which Landlord is required or permitted this Lease or required by law, to make in or to same, and Landlord shall utilize its good faith efforts to minimize interference with Tenant’s business; provided, however, 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) as if such other tenants of the Building had the same installations and frequency of repair and maintenance as Tenant and (ii) only with respect to calendar years during which Landlord incurs actual costs for such repairs or maintenance performed in the Demised Premises. Thus, for example, if Landlord incurred $100 in a reasonable state calendar year for repairs to an executive rest room of cleanliness and shall Tenant, the amount to be liable included in Operating Expenses for the costs such calendar year for executive rest room repair would be $226 (i.e., $100 divided by Tenant’s Proportionate Share of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT44.24%); provided, other occupants of the Premises or persons who are permitted however that if Landlord incurred $600 in the residential complex 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 Improvement Repairs performed by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber Landlord in the Demised Premises would be required to unclog the toilet(s) and it is found to be SUBTENANT’S faultcapitalized under generally accepted accounting principles, the charge for the plumber will consistently applied, such costs shall be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition included in Operating Expenses as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.follows:
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Repairs. In During the event entire term of a breakdown this Lease, Tenant shall at its sole cost and expense keep, maintain, repair and replace the Premises and every part thereof, including but not limited to, all plate glass and other glazing, show windows and entrance doors, signs, fixtures, equipment and appurtenances thereof (including lighting and plumbing fixtures, and any air conditioning system) and floor covering, in good and sanitary order, condition and repair fit for occupancy (including reasonably periodic painting and termite and other pest treatment of the electrical or mechanical systemsinterior), LANDLORD shall not be liable for damages or personal discomfort; howeverand cause the Premises to conform to the requirements of any governmental authority by reason of the use to which Tenant may put the Premises, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires and engage a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees responsible maintenance contractor to keep all mechanical equipment operating at a maximum efficiency at all times; upon the Rented expiration or any earlier termination of this Lease, Tenant shall deliver the Premises to Landlord in a good and sanitary order, condition and repair, reasonable state of cleanliness wear excepted, and shall be liable for put all such equipment in as good working order and condition as the costs of repair of damage to same was in at the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants start of the Premises Lease or persons who are permitted any subsequent installation date, reasonable wear excepted. Without limiting the generality of the foregoing, Tenant shall at its sole cost and expense perform each and every obligation set forth in the residential complex by SUBTENANTthis Lease. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT Tenant shall not make any alterations tochanges, or decorate additions to the Premises without the prior written consent of the Landlord, which consent shall not be unreasonably withheld. All additions made by Tenant shall become part of the Premises and shall be the property of Landlord. Tenant shall not permit any lien to stand against the Premises for labor or material furnished or claim to have been furnished to Tenant or at its discretion or sufferance. If any such lien shall be filed against the Premises, without LANDLORD’s prior written approval Tenant shall cause the same to be discharged within the ten (10) days after actual notice of such filing, by payment, deposit or bond. Landlord shall have the right to post and shall, upon termination of tenancy, remove any alterations and decorating and restore keep posted on the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that any notices which Landlord may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required deem to be done by LANDLORDproper for protection from liens. It is agreed that any request for maintenance The right to approve and control all signs and advertising devices on or repairs not made via e-mail shall not be visible from the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance exterior of the PremisesPremises is reserved by Landlord.
Appears in 1 contract
Sources: Lease Agreement (FNB Bancorp/Ca/)
Repairs. In the event of a breakdown 12.01 Tenant shall take good care of the electrical Premises, including, without limiting the generality of the foregoing, the Building, all Equipment, roofs, foundations and appurtenances thereto, all sidewalks, and curbs in front of or mechanical systemsadjacent to the Premises, LANDLORD and all water, sewer and gas connections, pipes and mains which service the Premises and which neither City nor a utility company is obligated to repair and maintain, and shall put, keep and maintain the Building in good and safe order and working condition, and make all repairs therein and thereon, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, necessary to keep the same in good and safe order and working condition and to comply with all applicable Requirements, in a manner consistent with the standards of operation and maintenance employed at buildings and improvements located in the Greater Metropolitan Denver area of comparable size, age and class as the Building, normal wear and tear excepted (the "Maintenance Standard"). Tenant shall not commit or suffer, and shall use all reasonable precaution to prevent, waste, damage or injury to the Premises. When used in this Lease, the term "repairs" shall include all alterations, additions, installations, replacements, removals, renewals and restorations. All repairs made by Tenant shall be at least consistent with the Maintenance Standard and shall be made in compliance with all Requirements, as then in force.
12.02 Landlord shall not be liable for damages required to furnish any services, utilities or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage facilities whatsoever to the Rented Premises Premises, nor shall Landlord have any duty or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required obligation to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations alteration, change, improvement, replacement, restoration or repair to, or decorate to demolish, the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove Building or any alterations and decorating and restore the Premises to the same condition as it was in other improvement presently or hereafter located on the date of commencement of this Tenancy AgreementLand. Tenant assumes the full and sole responsibility for the condition, reasonable wear operation, repair, alteration, improvement, replacement, maintenance and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance management of the Premises.
Appears in 1 contract
Repairs. In 14.01 Lessee shall, at its sole expense, keep and maintain the event Premises and every part thereof (excepting air-conditioning, common use equipment, exterior walls and roofs, which Lessor agrees to repair unless damages are due to the neglect or intentional acts of a breakdown Lessee or its agents, employees, visitors, or licensees), including interior windows, skylights, doors, any store fronts and the interior of the electrical Premises, in good and sanitary order, condition and repair. The standard for comparison and need of repair will be the condition of the Premises at the time of commencement of this Lease and all repairs will be made by a licensed and bonded contractor approved by Lessor.
14.02 Lessee will not make repairs to the Premises at the cost of Lessor, whether by deduction of rent or mechanical systemsotherwise or vacate the Premises or terminate the Lease with abatement or termination of rent because repairs are not made. If during the Term, LANDLORD any alteration, addition or change to the Premises is required by legal authorities, Lessee, at its sole expense, shall promptly make the same. Lessor reserves the right to make any such repairs not repaired or maintained in good condition by Lessee and Lessee shall reimburse Lessor for all such costs upon demand.
14.03 Lessor will not be liable for damages any failure to make any repairs or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service perform any maintenance and there will be no abatement of rent, nor liability of Lessor by reason of any injury to or interference with Lessee’s business arising from the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees making or failure to keep the Rented Premises make any repair, alteration or improvement in a reasonable state of cleanliness and shall be liable for the costs of repair of damage or to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants any portion of the Premises or persons who to Lessee’s fixtures, appurtenances and equipment.
14.04 If repairs deemed necessary by Lessor or any government authority are permitted not made by Lessee within the prescribed time frame as requested in the residential complex by SUBTENANT. SUBTENANT writing, Lessee shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement default of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesLease.
Appears in 1 contract
Sources: Lease Agreement (Iii to I Maritime Partners Cayman I Lp)
Repairs. In Licensee shall not commit waste upon nor damage the boat slip. Licensee shall maintain the boat slip and the equipment contained therein in a clean and attractive condition. Upon termination of this License Agreement, Licensee shall surrender and deliver up the boat slip and its equipment attached thereto to BHA in the same (or better) condition in which it existed at the commencement of this License Agreement, excepting ordinary wear and tear, damage arising from acts of God and damage required thereunder to be repaired by BHA. Upon the condition precedent that Licensee shall have given BHA written notice of the items needing repair, BHA will repair the mooring pilings, catwalk and bulkhead or pier forming or adjacent to the boat slip within a reasonable time after being so notified (except that if damage to any one of such structures is caused by one or more acts or omissions of Licensee, its guests or invitees, Licensee shall bear the cost of such repairs). BHA shall have the right, but not the obligation, to enter upon any part of the boat slip at all reasonable hours to inspect same and to make repairs thereto, and in connection with the making of repairs, to temporarily relocate any vessel moored therein. If BHA considers necessary any maintenance, cleaning or repairs required by the provisions of this License Agreement to be made by Licensee, BHA may request Licensee to make such repairs or maintenance or perform such cleaning and, upon Licensee's failure or refusal to do so, within ten (10) days (or in case of an emergency whether or not BHA shall have requested or obtained Licensee's prior consent) BHA shall have the right (but no obligation) to perform such maintenance or make such repairs whereupon Licensee shall, upon demand by BHA, be responsible to reimburse BHA for the cost of such repairs. Any sum for which Licensee shall become liable to reimburse BHA shall be deemed to be a portion of the boat slip fee due and owing by the Licensee to BHA for purposes of determining BHA's remedies in the event of a breakdown failure to pay such sum to BHA. Licensee shall make no additions or changes in and/or to the pilings, the catwalk, the dock or bulkhead (and without limiting the generality of the electrical or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergencyforegoing, shall not call on install any person not employed by LANDLORD to affect any repair or maintenance lights, hoists, sheds, covers, storage lockers, nor other structures / items) without the prior written consent of the PremisesBHA.
Appears in 1 contract
Sources: License Agreement
Repairs. In the event of a breakdown (a) The Tenant shall accept possession of the electrical premises in “as is, where is” condition and the landlord will have no responsibility for completing any work or mechanical systemsimprovements to the premises or development except as may be expressly set out in this lease. Excepting only replacement of any material defects in the structural portions of the building, LANDLORD which, unless cause by the tenant or anyone for whom it is responsible at law, shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANTthe landlord. CARE OF RENTED PREMISES SUBTENANT agrees to keep The Tenant shall, at all times during the Rented Premises term and renewal thereof, promptly, at its own expense, repair and maintain and replace, as necessary, the premises (other than replacing structural portions of the building, unless such replacement is made necessary by the tenant or anyone for whom it is responsible at law) and all equipment, fixtures and improvements therein in a reasonable state first class condition. At the end or sooner termination of cleanliness the term or any renewal thereof the tenant shall yield up to the landlord, without notice from the landlord, the premises repaired and maintained in the condition aforesaid. Without limitation, and notwithstanding any other provision of this lease, the tenant shall be liable responsible at its expense for maintenance of the costs structural portions of repair the premises, for repairing cracking of damage the floor, walls ceiling and for repairing and maintaining the parking area. The tenant will provide to the Rented Premises landlord inspection reports from time to time confirming that it has undertaking prudent preventative maintenance and necessary repairs of material aspects of the premises, such as electrical and mechanical systems and heating, plumbing, venting, fire systems, doors, windows, and air conditioning Systems.
(b) The Tenant acknowledges that depreciation or residential complex caused amortization is a component of “Operating Costs” as defined in this lease. In each lease year, the landlord will estimate the life expectancy of the roof membrane, the exterior paint or other similar finish, the pavements, the HVAC systems in the building and all other depreciable components of the building (the “Depreciable Components”) that require periodic replacement. The determination of the life expectancy of the depreciable components and the amounts to be charged annually in order to permit the landlord to accumulate an adequate reserve of funds on a timely basis in order to periodically replace the depreciable components will be determined by the willful or negligent conduct of SUBTENANTlandlord, other occupants of in its sole discretion. Notwithstanding anything herein contained to the Premises or persons who are permitted in contrary, the residential complex by SUBTENANT. SUBTENANT shall also landlord will be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found performing or causing to be SUBTENANT’S faultperformed the work relating to the depreciable components, using the charge monies received from the tenant and from other tenants of the building. Nothing herein will require the landlord to account to the tenants for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations tomonies collected or to otherwise hold such monies in a separate or other reserve account.
(c) Alternatively, repairs or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises replacements to the same condition as it was in property of a capital nature may be funded by the landlord and amortize, based on generally accepted accounting principle (GAAP), over the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance useful life of the Premisesassets and charged to the tenant as additional rent.
Appears in 1 contract
Repairs. In (a) Landlord shall maintain, in good order, condition and repair, reasonable wear and tear and damage by casualty or eminent domain excepted, as part of Basic Services, the event of a breakdown following: (i) the structural portions of the electrical or mechanical Building, (ii) the exterior walls of the Building, including, without limitation, glass and glazing, (iii) the roof foundation and facades of the Building, (iv) all Building Systems, (v) the base building lavatories, (vi) the Common Areas, and (vii) all base building fire and life safety systems, LANDLORD sprinklers and smoke detectors. Landlord shall not be liable deemed to have breached any obligation with respect to the condition of any part of the Land or Building unless Tenant has given to Landlord written notice of any required repair and Landlord has not made such repair within a commercially reasonable time following the receipt by Landlord of such notice. The foregoing notwithstanding, (i) Tenant shall pay for damages the cost of any repairs as a result of damage to any of the foregoing to the extent caused by the negligent acts or personal discomfortomissions of Tenant or it agents, employees or contractors, except to the extent such repairs are covered by insurance carried by Landlord pursuant to the provisions of Paragraph 8(e) below; howeverand (ii) the obligations of Landlord pertaining to damage or destruction by casualty shall be governed by the provisions of Paragraph 9. Landlord shall have the right but not the obligation to undertake work of repair that Tenant is required to perform under this Lease and that Tenant fails or refuses to perform after delivery of notice and expiration of any applicable grace periods. All costs incurred by Landlord in performing any such repair for the account of Tenant shall be repaid by Tenant to Landlord upon demand, LANDLORD together with an administration fee equal to fifteen percent (15%) of such costs. There shall carry out be no abatement of Rent, no liability of Landlord by reason of any injury to or interference with Tenant’s business arising from the making of any repairs, alterations or improvements in or to any portion of the Premises, the Building or the Land. Tenant waives the right to make repairs at Landlord’s expense under any Law now or hereafter in effect.
(b) Tenant, at its expense, (i) shall keep the Premises and all fixtures contained therein in a safe, clean and neat condition, and (ii) shall bear the cost of maintenance and repair, by contractors approved by Landlord, of all facilities which are not expressly required to be maintained or repaired by Landlord and which are located in the Premises, including, without limitation, lavatory, shower, toilet, wash basin and kitchen facilities, and supplemental heating and air conditioning systems (including all plumbing connected to said facilities or systems installed by or on behalf of Tenant). Tenant shall make all repairs to the Premises with reasonable diligencereplacements of any materials to be made by use of materials of equal or better quality. Tenant shall pay for the cost of any repairs to the Premises, the Building and/or the Land made necessary by any negligence or willful misconduct of Tenant or any of its assignees, subtenants, employees or their respective agents, representatives, contractors, or other persons permitted in or invited to the Premises, the Building or the Land by Tenant, except to the extent such repairs are covered by insurance carried by Landlord or Tenant pursuant to the provisions of Paragraph 8(e) below. If SUBTENANT hires a service person without Tenant fails to commence such repairs or replacements within thirty (30) days after written notice from Landlord, or thereafter to prosecute diligently such repairs to completion, then Landlord may at its option make such repairs or replacements, and Tenant shall upon demand pay Landlord for the consent cost thereof, together with an administration fee equal to fifteen percent (15%) of LANDLORDsuch costs.
(c) Upon the expiration or earlier termination of this Lease, Tenant shall surrender the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state safe, clean and neat condition, normal wear and tear and damage from casualty excepted. Except as otherwise set forth in Paragraph 4(b) of cleanliness this Lease, Tenant shall remove from the Premises all trade fixtures, furnishings and other personal property of Tenant shall repair all damage caused by such removal, and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreementits original condition, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that In addition to all other rights Landlord may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORDhave, via e-mailin the event Tenant does not so remove any such fixtures, of any repairs furnishings or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law personal property on or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs the expiration or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance earlier termination of the PremisesTerm of this Lease, then Tenant shall be deemed to have abandoned the same, in which case Landlord may store or dispose of the same at Tenant’s expense, appropriate the same for itself, and/or sell the same in its discretion.
Appears in 1 contract
Sources: Sublease (Karuna Therapeutics, Inc.)
Repairs. In 7.1 Landlord shall maintain (i) the event of a breakdown common areas, including any lobbies, stairs, elevators, corridors and restrooms, (ii) the windows and exterior walls, roofs, foundations and structure of the Building, and (iii) the mechanical, plumbing and electrical equipment servicing the Building, in good order and condition as reasonably determined by Landlord. Notwithstanding the foregoing, Tenant shall pay the cost of any repairs occasioned by the act, neglect or mechanical systemsdefault of Tenant, LANDLORD its agents, employees, invitees and contractors.
7.2 Subject to the provisions of Section 7.1 hereof, Tenant shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises demised premises and every part thereof (including any special equipment installed in a reasonable state the demised premises such as supplemental HVAC equipment, transformers, plumbing, and fire extinguishers, and any other alterations, additions or improvements, whether installed by Landlord or Tenant) in good condition and repair. All repairs made by or on behalf of cleanliness and Tenant shall be liable for made and performed in such manner as Landlord may designate, by contractors or mechanics approved by Landlord and in accordance with the costs of repair of damage rules and regulations relating thereto annexed to this Lease as Exhibit "B" and all applicable laws, codes and regulations. Subject to the Rented Premises or residential complex caused by provisions of Article 8 hereof regarding the willful or negligent conduct of SUBTENANTobligation to restore improvements, other occupants Tenant shall, at the end of the Premises or persons who are permitted term hereof, surrender to Landlord the demised premises in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreementwhen received, reasonable except for ordinary wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORDtear, via e-mail, of any repairs or maintenance required to be done made by LANDLORDLandlord, and damage by fire, earthquake, act of God or the elements. It is agreed Landlord has no obligation, and has made no promise, to alter, remodel, improve, repair, decorate or paint the demised premises or any part thereof and no representations respecting the condition of the demised premises or the Building have been made by Landlord to Tenant except as expressly set forth herein.
7.3 In the event that Landlord shall deem it necessary or be required by any request governmental authority to repair, alter, remove, reconstruct or improve any part of the demised premises or of the Building, then the same shall be made by Landlord with reasonable dispatch (unless the same shall result from Tenant's act, neglect, default or mode of operation, in which event Tenant shall make all such repairs, alterations and improvements or, at Landlord's option, Landlord shall make such repairs, alterations and improvements and shall be promptly reimbursed by Tenant for maintenance the cost incurred by Landlord in so doing), and should the making of such repairs, alterations or repairs not made via e-mail improvements cause any interference with Tenant's use of the demised premises, such interference shall not relieve Tenant from the performance of its obligations hereunder nor shall such interference be deemed an actual or constructive eviction or partial eviction or result in an abatement of rental. Notwithstanding the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed thatpreceding sentence, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the event that Tenant is prevented from using, and does not use, the demised premises or any portion thereof, for more than five (5) consecutive business days as a result of Landlord's performance of such work, then Tenant's Basic Rental and additional rent shall be abated or reduced, as the case of an emergencymay be, shall not call on any person not employed by LANDLORD to affect any repair or maintenance after expiration of the Premises5-day period for such time that Tenant continues to be so prevented from using the demised premises or a portion thereof, in the proportion that the rentable area of the portion of the demised premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the demised premises.
Appears in 1 contract
Sources: Lease (Talk America Holdings Inc)
Repairs. In (A) Except as specifically otherwise provided in this Lease, Tenant, at its sole cost and expense and throughout the event Term of this Lease, shall keep and maintain the Premises in good order and condition, free of accumulation of dirt and rubbish, and shall promptly make all non-structural repairs necessary to keep and maintain such good order and condition. Tenant shall not replace lights, ballasts, tubes, ceiling tiles, outlets and similar equipment itself and shall advise Landlord of Tenant’s desire to have Landlord make such repairs, at Tenant’s expense. If requested by Tenant, Landlord shall make such repairs to the Premises within a breakdown reasonable time of notice to Landlord and shall charge Tenant for such services at Landlord’s standard rate (such rate to be competitive with the market rate for such services). All repairs made by Tenant shall utilize materials and equipment which are at least equal in quality and usefulness to those originally used in constructing the Building and the Premises.
(B) Except as specifically otherwise provided in this Lease, Landlord shall make or cause to be made all structural repairs to the Building, all repairs which may be needed to the mechanical, HVAC, electrical or mechanical and plumbing systems in and serving the Premises (excluding repairs to any supplemental HVAC systems, LANDLORD shall not be liable for damages kitchens, any non-Building standard fixtures or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises other improvements or residential complex caused by the willful or negligent conduct of SUBTENANT, any other occupants portions of the Premises or persons who are permitted in fixtures, equipment and improvements therein requiring maintenance of a type or nature not customarily provided by Landlord to office tenants of the residential complex by SUBTENANTBuilding), and all repairs to exterior windows and glass (including caulking and weather-stripping). SUBTENANT Landlord shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required have no responsibility to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations torepairs unless and until Landlord receives written notice of the need for such repair or Landlord has actual knowledge of the need to make such repair.
(C) Landlord shall keep and maintain all common areas appurtenant to the Building and any sidewalks, or decorate curbs and access ways adjoining the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, snow and ice, and shall keep and maintain all landscaped areas in a neat and orderly condition.
(D) Notwithstanding anything herein to the contrary, repairs to the Premises, without LANDLORD’s prior written approval Building or Property and shallits appurtenant common areas made necessary by a negligent or willful act or omission of Tenant or any employee, upon termination agent, contractor, or invitee of tenancyTenant shall be made by Landlord at the sole cost and expense of Tenant, remove any alterations and decorating and restore the Premises payable on demand, except to the same condition as it was in on the date extent of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done insurance proceeds received by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesLandlord.
Appears in 1 contract
Repairs. In ALTERATIONS, AND IMPROVEMENTS; STATE OF REPAIR ON TERMINATION; FUTURE DEVELOPMENT AND LESSEE'S OPTIONS WITH RESPECT THERETO Lessee agrees that Lessor shall be under no obligation to rebuild, replace, maintain or make any repairs to the event leased premises, or to the improvements thereon, during the lease term or any renewal thereof. Lessee shall, at all times during the lease term or any renewal thereof, and at its own cost and expense, put, keep, replace and maintain in thorough repair and good, safe and substantial order and condition, except for ordinary wear and tear, all buildings and improvements erected on the leased premises, or forming a part thereof (including all building equipment which is an integral part of the building structures), both inside and outside, structural and non-structural, extraordinary and ordinary. Lessor agrees that Lessee may make or permit to be made such alterations and improvements to the leased premises as Lessee may deem desirable for the use thereof and may, at Lessee's option and without cost to Lessor, at any time and from time to time during the original lease term, or during any option period hereinafter provided for, do any one or more of the following, to wit:
I. Alter or remodel any building or improvements on the leased premises, provided the market value of any building or improvements so altered or remodeled is not adversely affected thereby; and/or
II. Construct an addition, or additions thereto; and/or
III. Raze any building or improvement situated on the leased premises and erect on the leased premises a new building or improvement which shall be of a breakdown value not less than the market value of the electrical building or mechanical systems, LANDLORD improvement so razed at the time of its demolition; and/or
IV. Construct an additional new building or buildings on the leased premises; provided that Lessee shall not first obtain any building and alteration permits that may be liable for damages or personal discomfort; however, LANDLORD required by any governmental authorities having jurisdiction and provided further that Lessee shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants complete construction of the Premises new building or persons who are permitted in the residential complex improvement required by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.clause III above within
Appears in 1 contract
Sources: Lease Agreement (SFG Capital Corp)
Repairs. In (a) Subject to the event provisions of a breakdown Article 6 hereof, Landlord shall perform all maintenance and make all repairs or replacement necessary to maintain the structural, plumbing, HVAC and electrical systems (including replacement of light bulbs, ballasts and fixtures), exterior doors and windows, roof, exterior walls, demising walls and floor (but excluding interior ceiling, wall and floor finishes), common areas and utility lines and connections servicing the Premises, the Building or the Development in good order and condition. Landlord shall commence such repairs as promptly as the circumstances reasonably permit and thereafter shall diligently pursue the same to completion with reasonable promptness. Notwithstanding anything contained in this Lease to the contrary, Tenant shall be responsible, at its sole cost and expense, for any maintenance, repairs and replacements made by the Landlord which are necessitated by the negligent acts, misuse or willful misconduct of Tenant, its agents, contractors, employees or invitees.
(b) Except as the Landlord is obligated for repairs as provided hereinabove, Tenant shall make at Tenant's sole cost and expense, all repairs necessary to maintain the Premises and shall keep the Premises and the fixtures therein in neat, clean, safe and orderly condition. Without limiting the generality of the electrical foregoing, any maintenance, repairs or mechanical systemsreplacements of all lab equipment contained in the lab space portion of the Premises, LANDLORD including without limitation all water treatment systems and vacuum equipment, desired by Tenant shall be the responsibility of Tenant. If the Tenant refuses or neglects to make such repairs, or fails to diligently prosecute the same to completion, after written notice from Landlord of the need therefore, Landlord may make such repairs at the expense of Tenant and such expense, along with a fifteen (15%) percent service charge, shall be collectible as additional rent.
(c) Landlord shall not be liable for damages by reason of any injury to or personal discomfort; however, LANDLORD shall carry out repairs interference with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the T▇▇▇▇ ▇▇'s business arising from the making of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees any repairs in accordance with this Article 16 in or to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted the Building and Development or to any appurtenances or equipment therein; provided that Landlord shall interfere as little as reasonably practicable with the conduct of T▇▇▇▇▇'s business in the residential complex by SUBTENANTperformance of the foregoing. SUBTENANT There shall also be responsible for replacing all light bulbs and unclogging no abatement of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination Rent because of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANTsuch repairs, except as provided in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesArticle 20 hereof.
Appears in 1 contract
Sources: Office Lease Agreement (Cognition Therapeutics Inc)
Repairs. In Landlord shall make all repairs necessary to maintain the event plumbing (excluding sinks and similar facilities serving only the Premises), air conditioning (excluding any supplemental units serving only the Premises) and electrical systems, windows, floors (excluding floor coverings) and walls (other than paint or wall covering) and except repairs of Tenant's trade fixtures and property and installations which Tenant was obligated to make or which were performed by Landlord or others at Tenant's request. It is provided, however, that Landlord shall not be obligated for any of such repairs and shall not be deemed to be in default of its obligations under this Lease until the expiration of a breakdown reasonable period of time after receipt of written notice from Tenant that such repairs are needed and as long as Landlord is making a diligent effort to make said repair. In no event shall Landlord be obligated under this Article to repair any damage caused to the Premises or any part thereof by any act, omission or negligence of the electrical Tenant or mechanical systemsits employees, LANDLORD agents, invitees, licensees, subtenants, subcontractors or assignees. Tenant shall take good care of the Premises and the fixtures and appurtenances therein and make all repairs and replacements needed to keep them in first class order and condition, except for those repairs and replacements required to be performed by Landlord. Tenant shall, at its sole cost and expense, repair and replace all damage or injury to the Premises and Building and to fixtures and equipment caused by Tenant or its employees, agents, invitees, licensees, subtenants, contractors, or subcontractors, or assignees as the result of all or any of them moving in or out of Building or by installation or removal of furniture, fixtures or other property, which repairs and replacements shall be in quality and class equal to the original undamaged condition immediately prior to the damage caused by Tenant or such parties. If Tenant fails to make such repairs or replacements, the same may be made by Landlord (but without any obligation on Landlord's part to do so) and such expense shall be collectible as Additional Rent and paid by Tenant within fifteen (15) days after rendition of a bil▇ ▇▇erefor. Landlord shall not be liable for damages by reason of any inconvenience, injury to, or personal discomfort; howeverinterference with Tenant's business arising from the making or any repairs, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees alterations or improvement in or to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs Land and unclogging of toilets. Should a plumber be required Building or to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toappurtenances or equipment therein unless such inconvenience, or decorate injury or interference shall be occasioned by the Premisesgross negligence or willful misconduct of the Landlord, without LANDLORD’s prior written approval and shallits agents, upon termination servants and/or employees. There shall be no abatement of tenancyRent because of such repairs, remove any alterations and decorating and restore the Premises to the same condition alterations, additions or improvements, except as it was may be specifically provided in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT Article l3 hereof Landlord covenants to advise LANDLORDuse reasonable effort to implement such repairs, via e-mailalterations, of any repairs additions or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD improvements in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisestimely and expeditious manner.
Appears in 1 contract
Sources: Office Lease (Raj Ventures, Inc.)
Repairs. In From and after the event of a breakdown date that possession of the electrical Premises is delivered to the Tenant and until the end of the Lease Term, the Tenant shall keep the Premises and every part thereof in good order, condition and repair, reasonable wear and tear and damage by unavoidable casualty only excepted; and the Tenant shall surrender the Premises at the end of the Lease Term in such condition. Except as may be provided in Articles XIII and XIV, the Landlord agrees to keep in good order, condition and repair the structural and exterior portions of the Building and the common areas and facilities and common equipment in the Building, except any condition caused by any act, omission or mechanical systemsneglect of the Tenant or any contractor of the Tenant or any party for whose conduct the Tenant is responsible. Without limitation, LANDLORD the Landlord shall not be responsible to make any improvements or repairs other than as expressly provided in this Section, and the Landlord shall not be liable for damages any failure to make such repairs unless the Tenant has given notice to the Landlord of the need to make such repairs and the Landlord has failed to commence to make such repairs within a reasonable time thereafter. In addition to the requirements of Section 3.4 herein, whenever the Tenant shall make repairs, alterations, decorations, additions, removals, or personal discomfort; howeverimprovements (including the installation of any equipment other than normal light business office equipment) in or to the Premises:
(a) No material or equipment shall be incorporated in or added to the Premises in connection with any such repair, LANDLORD alteration, decoration, addition, removal or improvement which is subject to or claimed to be subject to any lien, charge, mortgage, or other encumbrance of any kind whatsoever or is subject to any security interest or any form of title retention agreement. Any mechanic's or materialmen's lien filed against the Premises or the Building for work claimed to have been done for, or materials claimed to have been furnished to the Tenant, shall carry out repairs with reasonable diligencebe immediately discharged by the Tenant, at the Tenant's expense, by filing the bond required by law or otherwise. If SUBTENANT hires a service person without the consent of LANDLORDTenant fails so to discharge any lien, the Landlord may do so at the Tenant's expense and the Tenant shall reimburse the Landlord for all expenses and costs incurred by the Landlord in so doing immediately after rendition of a bill ▇▇▇▇ refor by the Landlord to the Tenant.
(b) All installations or work done by or for the Tenant shall be at its own expense and shall at all times comply with (i) laws, rules, orders and regulations of service will governmental authorities having jurisdiction thereof; (ii) orders and regulations of any Board of Fire Underwriters, or any other body hereafter constituted exercising similar functions, and governing insurance rating bureaus; (iii) plans and specifications (which shall be prepared by and at the responsibility expense of SUBTENANTthe Tenant) theretofore submitted to and approved in writing by the Landlord.
(c) The Tenant shall procure all necessary permits before undertaking any work in the Premises and shall do all such work in a good and workmanlike manner, employing new materials of first class quality and shall defend, save harmless, exonerate and indemnify the Landlord from all injury, loss or damage to any person or property occasioned by such work. CARE OF RENTED PREMISES SUBTENANT agrees The Tenant shall cause contractors employed by the Tenant to keep carry and maintain in force during the Rented continuance of any work being performed for the Tenant Worker's Compensation Insurance in accordance with statutory requirements and Comprehensive Public Liability Insurance and Automobile Liability Insurance covering such contractors on or about the Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage amounts reasonably acceptable to the Rented Premises Landlord and to submit certificates evidencing such coverage to the Landlord prior to the commencement of such work.
(d) The Tenant shall not, at any time prior to or residential complex caused by during the willful Term of this Lease, directly or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations toindirectly employ, or decorate permit the employment of, any contractor, mechanic or laborer in the Premises, without LANDLORD’s prior written approval and shallwhether in connection with any repair work or the making of any alteration, improvements or additions or otherwise, if such employment will interfere or cause any conflict with other contractors, mechanics or laborers engaged in the construction, maintenance or operation of the Building by the Landlord, Tenant or others. In the event of any such interference or conflict, the Tenant, upon termination demand of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergencyLandlord, shall not call on any person not employed by LANDLORD cause all contractors, mechanics or laborers causing such interference or conflict to affect any repair or maintenance of leave the PremisesBuilding immediately.
Appears in 1 contract
Sources: Lease (Industrial Imaging Corp)
Repairs. In the event of a breakdown of the electrical or mechanical systems, LANDLORD Tenant shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out make all necessary repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises, and to the heating, air conditioning and electrical systems located therein. Tenant shall also make all repairs to the Premises which are structural in nature or residential complex caused by the willful are required due to fire, casualty or negligent conduct other act of SUBTENANT, other occupants God. Tenant's obligations for repair of the Premises or persons who are permitted in include both the residential complex by SUBTENANTinterior and exterior of the Premises. SUBTENANT shall also be responsible for replacing all light bulbs Obligations include the responsibility to maintain the air conditioning system and unclogging of toiletsthe roof, as well as the landscaping and irrigation system. Should a plumber be required Obligations to unclog maintain include the toilet(s) and it is found obligations to be SUBTENANT’S faultreplace items, including but not limited to, air conditioning units, the charge for roof, and/or the plumber will be asphalt of the SUBTENANT’S responsibilityparking if necessary because of damage and/or reasonable wear and tear during the term of this Lease. SUBTENANT Except as provided above, Tenant shall not make any alterations tokeep the Premises in good repair, or decorate the Premises, without LANDLORD’s prior written approval and Tenant shall, upon termination the expiration of tenancythe term of this Lease and any exercised options of this Lease, remove any alterations yield and decorating and restore deliver up the Premises to the same in like condition as it was in on the date of commencement of this Tenancy Agreementwhen taken, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any thereof and repairs or maintenance required to be done made by LANDLORDTenant and/or Landlord excepted. It is agreed In the event that the Landlord shall be required by any request for maintenance governmental authority to repair, alter, remove, reconstruct or repairs not made via e-mail shall not be the subject of improve any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance part of the PremisesPremises or the property thereunder, unless the same is a result of Tenant's act, neglect, default or mode of operation, in which event Tenant shall make all such repairs, alterations and improvements, then Landlord shall immediately notify Tenant of such governmental requirement, and Tenant shall make such repair with reasonable dispatch. Tenant shall, at its own cost and expense, make all repairs and provide all maintenance in connection with any alterations, additions or improvements made by Tenant pursuant to authority herein in this Lease.
Appears in 1 contract
Sources: Commercial Lease Agreement (Sun Community Bancorp LTD)
Repairs. In the event of a breakdown Section 5.01. Tenant shall take good care of the electrical Demised Premises and, at Tenant’s sole cost and expense, shall make all repairs and replacements, structural and otherwise, as and when needed to preserve the Demised Premises in good working order and condition, except that Tenant shall not be required to make any such structural repairs or structural replacements to the Demised Premises unless necessitated or occasioned by the acts, omissions or negligence of Tenant or any person claiming through or under Tenant, or any of their servants, employees, contractors, agents, visitors or licensees, or by the use or occupancy or manner of use or occupancy of the Demised Premises by Tenant or any such person. Without affecting Tenant’s obligations set forth in the preceding sentence, Tenant, at Tenant’s sole cost and expense, shall also (i) make all repairs and replacements, as and when necessary, to Tenant’s Personal Property and to any Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant (except if due to any defect or mistake in work performed by Landlord and discovered within one (1) year of installation of such work) and (ii) perform all maintenance and make all repairs and replacements, as and when necessary, to any air conditioning equipment (except Base Building HVAC), private elevators, escalators, conveyors or mechanical systems which may be installed in the Demised Premises by Landlord, Tenant or others (except if due to any defect or mistake in work performed by Landlord and discovered within one (1) year of installation of such work). However, the provisions of the foregoing sentence shall not be deemed to give to Tenant any right to install air conditioning equipment, elevators, escalators, conveyors or mechanical systems. All repairs and replacements made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed in conformity with, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without and subject to the consent provisions of LANDLORD, the ▇▇▇▇ third (3rd) sentence of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness Section 3.01 and shall be liable for the costs of repair of damage at least equal in quality and class to the Rented Premises original work or residential complex caused by installation. Without limiting or waiving Landlord’s rights and remedies against Tenant for its failure to comply with its obligations under this Lease, Landlord shall operate, maintain, replace (if necessary) and repair (both structural and nonstructural) the willful or negligent conduct of SUBTENANTstructural slabs constituting the core floors and ceilings, other occupants structural columns, public portions of the Premises or persons who are permitted Building, exterior walls, all exterior windows and the mechanical (including Base Building heating, ventilation and air conditioning [but as to the Demised Premises, only within the mechanical room, if applicable]), electrical, elevator, plumbing (including water and waste lines), life safety, steam and other service systems of the Building serving space in the residential complex by SUBTENANTBuilding generally (the “Building Systems”), to a standard similar to that of comparable Class A office buildings in the Borough of Manhattan. SUBTENANT In addition, Landlord shall also be responsible for replacing all light bulbs keep the common areas of the Building clean and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD well lighted in a court standard similar to that of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except comparable Class A office buildings in the case Borough of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesManhattan.
Appears in 1 contract
Sources: Lease Agreement (Majesco)
Repairs. In 11.1 Tenant, at its sole cost and expense, shall take good care of, and make all interior non-structural repairs to, the event of a breakdown Premises, and all repairs to Tenant's equipment. Landlord shall make all repairs to the exterior of the electrical Premises and all repairs to the heating, ventilating and air conditioning system installed by Tenant outside the Premises, whether ordinary or mechanical extraordinary, at Tenant's sole cost and expense (except to the extent such repairs are includable in Operating Expenses or Floor Common Area Costs to be paid by Tenant as a component of Tenant's Operating Payment), as and when needed to preserve the Premises in good working order and condition and keeping with the Class A character of the Building and all repairs (not required to be made or paid for by Tenant pursuant to Article 10) required to keep the Premises in compliance with all Legal Requirements and Insurance Requirements and to prevent any disruption of, or adverse effect on, the Building, the Building systems, LANDLORD the quiet enjoyment of other tenants or to prevent any damage to the personal property of other tenants. Tenant shall not be liable responsible for damages the costs of any such repairs unless the need therefor arises out of (i) the performance of or personal discomfort; howeverexistence of improvements made by or at the request of Tenant, LANDLORD any subtenants or any other occupant of the Premises, (ii) the installation, use or operation of equipment installed therein by or at the request of Tenant, any subtenant or any other occupant of the Premises (iii) the moving of any such equipment in or out of the Building or the Premises, (iv) the wrongful acts, omissions, negligence or misuse of or by Tenant, any subtenants or any of its or their employees, agents, contractors, occupants, licensees or invitees or their use or occupancy of the Premises (except fire or other casualty caused by Tenant's negligence, if the fire or other casualty insurance policies insuring Landlord are not invalidated and the rights of Landlord are not adversely affected by this provision), or (v) Legal Requirements or Insurance Requirements with which Tenant is obligated to comply pursuant to the provisions of Section 10.
1. Any such structural repair of the Premises required as a result of clause (i), (ii), (iii), (iv) or (v) of the immediately preceding sentence shall carry out repairs with be performed by Landlord, at Tenant's reasonable diligence. If SUBTENANT hires expense, and Tenant shall pay for the same, as Additional Rent, within ten (10) business days of its receipt of a service person without bill therefor unless such failure arises from the consent of LANDLORD, the wrongful actions o▇ ▇▇▇▇ issions where there is a duty to act, of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises Landlord or its agents, contractors, employees or representatives and, in a reasonable state of cleanliness and which case, Landlord shall only be liable for the costs portion of repair of damage the liability attributable to the Rented actions or omissions where there is a duty to act, of Landlord, its agents, contractors, employees or representatives. Tenant, at its sole cost and expense, shall promptly replace or repair scratched, damaged or broken doors and glass in and about the Premises and shall be responsible, for all repairs and maintenance of wall and floor coverings in the Premises. Any broken window glass shall be repaired by Landlord at Tenant's reasonable expense, and Tenant shall pay for the same, as Additional Rent, within ten (10) business days of its receipt of a bill therefor. Tenant, promptly and at its sole cost and expense, sh▇▇▇ make all non-structural repairs in or residential complex caused to the Premises for which it is responsible. In the event Tenant fails to promptly make any repair or alteration required by Tenant to be performed under this Section 11.1, Landlord, at Tenant's sole but reasonable cost and expense, shall have the right after ten (10) days Notice to Tenant to make such repairs or alterations and Tenant shall pay for such repairs or alterations, as Additional Rent, within ten (10) business days after its receipt of a bill therefor. All repairs made by or on behalf of Tenant shall be m▇▇▇ in conformity with the provisions of Article 12 and shall be at least equal to the then standards for the Building established by Landlord.
(a) Landlord shall make all necessary repairs to the roof and all structural repairs to the Building. Any such structural or roof repairs occasioned by the willful acts, omissions, negligence or negligent conduct misuse of SUBTENANTor by Tenant or any of its subtenants or any of its or their employees, other occupants agents, contractors, occupants, licensees or invitees or their use or occupancy of the Premises shall be made by Landlord at Tenant's expense (subject to the provisions of Article 17). Landlord's repair obligations under this Section 11.2(a) shall exclude, however, (i) repairs of Tenant's personal property or persons who are permitted improvements made by or at the request of Tenant (including, without limitation, any Alterations, not occasioned by Landlord's wrongful acts, omissions where there is a duty to act, or negligence) and (ii) repairs which Tenant is obligated to make pursuant to Section 11.1 and the other provisions of this Lease. Landlord shall perform all maintenance of, and promptly after the receipt of a Notice from Tenant of the necessity of repair, make all necessary repairs to, the Building standard HVAC system equipment and any security and life safety systems or devices which may be installed in the residential complex Premises by SUBTENANTLandlord. SUBTENANT Any repairs to the Building standard HVAC system equipment and any security and life safety systems or devices occasioned by the negligent or wrongful acts or omissions or negligence of Tenant or any of its subtenants, or, its or their employees, agents, contractors, licensees or invitees, shall also be responsible performed by Landlord at Tenant's expense and Tenant shall pay for replacing the same, as Additional Rent, within ten (10) business days of its receipt of a bill therefor. Except for the foregoing repair obligation, Landlord ▇▇▇▇l (subject to the provisions of Article 17) have no liability for the failure of any such Building system, unless such failure arises from the negligent or wrongful acts or omissions (where there is a duty to act) of Landlord or its agent or contractors and in which case Landlord shall only be liable for the portion of the liability attributable to the wrongful actions or omissions (where there is a duty to act) of Landlord, its agents or contractors. The cost of all light bulbs repairs and unclogging of toilets. Should a plumber maintenance by Landlord hereunder shall be required to unclog the toilet(sincluded in Operating Expenses except as may be specifically excluded by Article 5 hereof.
(b) and it is found Tenant, at its sole expense, shall operate or cause to be SUBTENANT’S fault, operated and maintained in a first-class manner and consistent with the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make manufacturer's specifications any alterations to, air conditioning system and any life safety or decorate the Premises, without LANDLORD’s prior written approval security system installed by Tenant and shall, upon termination of tenancy, remove any alterations and decorating and restore serving the Premises to prevent any adverse effect on any Building system(s). Any maintenance or repair of such air conditioning system and any life safety or security system shall be performed by Landlord upon Tenant's request and at Tenant's reasonable expense and Tenant shall pay for such maintenance and repair, as Additional Rent, within ten (10) business days after Tenant's receipt of an invoice therefor. Landlord reserves the same condition as it was right (i) to make emergency repairs to any such Tenant's system without Notice, at Tenant's expense, which shall be deemed to be Additional Rent and payable within ten (10) business days from Tenant's receipt of an invoice therefor, and (ii) to require changes to be made by Tenant to any such Tenant's system if the operation thereof adversely affects, in on Landlord's reasonable opinion, the date Building's systems. Tenant shall have no access to Building systems unless Landlord shall consent thereto.
(c) No liability of commencement Landlord to Tenant shall accrue under this Section unless and until Tenant has given Notice to Landlord of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, the necessity of any repairs or maintenance required specific repair for which Landlord has agreed to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or responsible under this AgreementLease, SUBTENANT, and a sufficient time has elapsed in which to make such repair with same not being performed. In no event shall any failure by Landlord to make any such repairs give to Tenant any right to make such repairs except in the case as expressly permitted herein or to withhold payment of an emergency, shall not call on Base Rent or Additional Rent or to offset any person not employed costs incurred by LANDLORD to affect Tenant against any repair payment of Base Rent or maintenance of the PremisesAdditional Rent.
Appears in 1 contract
Repairs. In the event of a breakdown 10.1 Tenant shall take good care of the electrical or mechanical systemsPremises and, LANDLORD at Tenant's cost and expense, shall make all repairs and replacements, as and when Landlord deems reasonably necessary, to preserve the Premises in good working order and in a clean, safe and sanitary condition. Landlord shall not be liable for damages and, except as provided in Article 15 hereof, there shall be no abatement of Annual Base Rental with respect to any injury to or personal discomfort; however, LANDLORD shall carry out repairs interference with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees ▇▇▇'s business arising from any repairs, maintenance, alteration or improvement in or to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants any portion of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S faultBuilding, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate including the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises or in or to the fixtures, appurtenances and equipment therein.
10.2 All repairs and replacements made by or on behalf of Tenant or any person claiming through or under Tenant shall be made and performed (a) at Tenant's cost and expense and at such time and in such manner as Landlord may designate, (b) by contractors or mechanics approved by Landlord, (c) so that same condition as it was shall be at least equal in on quality, value, and utility to the date original work or installation, (d) in accordance with the Rules and Regulations for the Building adopted by Landlord from time-to-time and in accordance with all applicable laws and regulations of governmental authorities having jurisdiction over the Premises, (e) pursuant to plans, drawings and specifications which have been reviewed and approved by Landlord prior to the commencement of the repairs or replacements and subject to all other terms and conditions of this Tenancy AgreementLease, reasonable wear and tear exceptedincluding, but not limited to, Article 11. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, If Landlord gives Tenant notice of the necessity of any repairs or maintenance replacements required to be done made under Section 10.1 and Tenant fails to commence diligently to effect the same within ten (10) days thereafter, Landlord may proceed to make such repairs or replacements and the expenses incurred by LANDLORD. It is agreed Landlord in connection therewith shall be due and payable from Tenant upon demand as Additional Rent; provided, that ▇▇▇▇▇▇▇▇'s making any request for maintenance such repairs or repairs not made via e-mail replacements shall not be deemed a waiver of Tenant's default in failing to make the subject same. In addition, should Landlord determine that emergency repairs or replacements of any legal proceeding by SUBTENANT against ORIGINAL TENANT the Premises are necessitated, then Landlord may proceed to make such repairs or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written replacements without prior notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake the Tenant and the reasonable expenses incurred by law or under this Agreement, SUBTENANT, except Landlord in the case of an emergency, connection therewith shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesbe due and payable from Tenant upon demand as Additional Rent.
Appears in 1 contract
Sources: Office Lease (Mastech Corp)
Repairs. In (A) Landlord shall, during the event term of this Lease, make all necessary repairs or alterations to the property, which Landlord is required to maintain, as hereinafter set forth. The property, which Landlord is required to maintain, is the foundation, roof, exterior walls, structural columns and structural beams of the Demised Premises and the landscaped and parking areas upon the Entire Parcel. Notwithstanding the foregoing, if any of said repairs or alterations shall be made necessary by reason of repairs, installations, alterations, additions or improvements made by Tenant or anyone claiming under, Tenant, by reason of the fault or negligence of Tenant or anyone claiming under Tenant, by reason of a breakdown default in the performance or observance of any agreements, conditions or other provisions on the electrical part of Tenant to be performed or mechanical systemsobserved hereunder, LANDLORD by reason of any vehicles damaging the demised premises or by reason of any special use to which the Demised Premises may be put, Tenant shall make all such repairs or alterations as may be necessary, except as otherwise required under Article 13(A). Landlord shall not be liable deemed to have committed a breach of any obligation to make repairs or alterations or perform any other act unless (1) Landlord shall have made such repairs or alterations or performed such other act negligently, or (2) Landlord shall have received notice from Tenant designating the particular repairs or alterations needed or the other act of which there has been failure of performance and shall have failed to make such repairs or alterations or performed such other act after the receipt of such notice and in the event Initials: JPF. SPM. 5 of a breach referred to in Clause (2) of this sentence, Landlord’s liability shall be limited to the cost of making such repairs or alterations or performing such other act. As used in this Lease, the expressions “exterior walls” and “roof” do not include rooftop heating and/or air conditioning units serving the Demised Premises exclusively or glass, windows, doors, window sashes or frames, door frames or sign belt.
(B) Tenant shall, during the term of this Lease, make all repairs and alterations to the property which Tenant is required to maintain and/or replace as hereinafter set forth, which may be necessary to maintain the same in good order, repair and condition or which may be required by any laws, ordinances, regulations or requirements of any public authorities having jurisdiction, subject only to the provisions of Articles 13 and 14; and Tenant shall upon the expiration or other termination of the term of this Lease remove its property and that of all persons claiming under it and shall yield up peaceably to Landlord the Demised Premises and all property therein other than property of Tenant or persons claiming under Tenant, well maintained and clean, and in good order, repair and condition, and subject only to the provisions of Articles 13 and 14, and shall then surrender all keys for damages the Demised Premises and shall inform Landlord of all combinations on locks, alarms and safes. The Tenant shall not change the door locks to the Demised Premises from the Landlord’s “Falcon” lock system without the Landlord’s written consent in each instance. The property which Tenant is required to maintain or personal discomfort; howeverreplace is the Demised Premises and every part thereof, LANDLORD including, but without limitation, (I) the floor slab, and all walls, floors and ceilings, (II) the heating, ventilating air conditioning systems and all utilities (water, gas, electricity and sewerage) conduits, the sprinkler system (such maintenance excludes monitoring and regular testing of the sprinkler systems and fire alarms related thereto), fixtures, meters and equipment to the extent the same serve the Demised Premises (whether located inside or outside the Building, (III) stairways, landings, sidewalks and traffic lanes as well as the proper and regular sanding thereof, and (IV) all glass, windows, doors, window sashes and frame and door frames. Notwithstanding anything contained to the contrary herein, in the event any of the above-referenced items which the Tenant is herein required to maintain become inoperable and need to be replaced, the Landlord shall carry out repairs with reasonable diligenceundertake to replace such item(s) and thereafter the Tenant will then be charged on a monthly basis for the five (5) year term of the Lease (or any extension thereof until the Lease Expiration Date or a later Lease Expiration Date thereof of in the event the Tenant exercises any extension rights) the cost of such Landlord Capital Expenditure amortized over the useful life of such item as determined by United State Internal Revenue Service tables for depreciation of such “useful life”. If SUBTENANT hires any of the items listed above become inoperable and need to be replaced as a result of the Tenant’s use of such items the Landlord shall not be responsible to replace such items a a capital improvement and the Tenant shall be responsible to replace such item(s) at its own expense. Tenant shall at all times keep in full force and effect a full (all labor and materials included) service person without and maintenance contract, approved by Landlord, for the consent heating, ventilating, air conditioning systems of LANDLORDthe Demised Premises. Notwithstanding anything contained to the contrary herein, in the ▇▇▇▇ event that any of service the heating, air ventilating and air conditioning units (collectively “HV/AC Unit”) that currently serve the Demised Premises fails to function and cannot be repaired and therefore replacement of an HV/AC Unit is necessary the HV/AC Unit will be replaced by Landlord (hereinafter referred to as the responsibility “Landlord’s HV/AC Capital Expenditure”). Thereafter the Tenant will then be charged on a monthly basis for the five (5) year term of SUBTENANTthe Lease (or any extension thereof until the Lease Expiration Date or a later Lease Initials: JPF. CARE OF RENTED PREMISES SUBTENANT SPM. 6 Expiration Date thereof of in the event the Tenant exercises any extension rights) the cost of such Landlord HV/AC Capital Expenditure amortized over the useful life of fifteen (15) years. The Landlord’s HV/AC Capital Expenditure is limited to the HV/AC Units that currently serve the Demised Premises and does not extend to any additional HV/AC Units that the Tenant installs for the Tenant’s use of the Demised Premises. Notwithstanding the foregoing, Tenant shall not be under any obligation to make repairs or alterations to any of the property which Landlord is responsible for pursuant to Subsection (A) of this Section of the Lease, including the foundation, roof, exterior walls, structural columns or structural beams of the Building, except to the extent provided in Section (A) of this Article. Tenant specifically agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants replace all glass damaged with glass of the Premises or persons who are permitted in the residential complex by SUBTENANTsame kind and quality. SUBTENANT Tenant shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber not be required to unclog fully repaint the toilet(s) Demised Premises but shall be required to repair damaged walls and it is found paint as need to be SUBTENANT’S fault, maintain the charge for Demised Premises in good order repair and condition during the plumber will be Lease. At the SUBTENANT’S responsibility. SUBTENANT shall not make expiration of the Lease Term or any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon early termination of tenancythe Lease Term, remove any alterations and decorating and Tenant shall restore the Demised Premises to the same condition as the Demised Premises were in upon commencement of the term unless otherwise requested in writing by Landlord. Tenant shall be entitled to remove all laboratory or other equipment installed (excluding any Tenant installed heating, ventilating and air condition equipment and associated duct work unless instructed by the Landlord otherwise) at its own expense during the Lease and the Tenant covenants and warrants that it was shall is obligated to repair all damage associated with the removal of any Tenant installed laboratory equipment and otherwise restore the Demised Premises to same condition the such Demised Premises were in prior to the installation of said Tenant installed laboratory equipment. Tenant shall save Landlord harmless and indemnify from all injury, loss, claim or damage to any person or property occasioned by, or growing out of, the installation of any Tenant installed Laboratory Equipment in addition to any and all other indemnification of the Landlord as described in this Lease. Tenant hereby acknowledges that the furniture listed on the date attached Exhibit D is included as part of commencement the Demised Premises for the duration of this Tenancy Agreementthe Lease and said furniture is to be returned the Landlord in good order, reasonable repair and excepting normal wear and tear exceptedcondition at the end of the Lease Term or any earlier termination of this Lease. See Schedule 2 - Damage/Other Charges for charges Prior to the expiration of the Lease Term or any earlier expiration thereof the Landlord may require the Tenant to provide a Decommissioning Report which such report should include but not limited to: (i) a description of the type of laboratory activities that may apply. MAINTENANCE SUBTENANT covenants occurred on the premises and a list of chemicals and substances that were used at the Demised Premises; (ii) a description of the policies and practices used in the Demised Premises to advise LANDLORDprevent and address spills; (iii) a report by a licensed professional detailing decommissioning and decontamination activities that were undertaken prior to vacating the Demised Premises (areas of including lab hoods, via e-mailvent stacks, chemical piping, chemical sink drains; and (iv) copy of any repairs manifests or maintenance required to be done by LANDLORD. It is agreed that any request bills of lading for maintenance the shipment chemicals or repairs not made via e-mail shall not be the subject waste products disposed of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case Demised Premises or no manifests or bills of an emergency, shall not call on any person not employed by LANDLORD to affect any repair lading are available a written description from the disposer of such chemicals or maintenance waste products of the Premiseshow such items were disposed of.
Appears in 1 contract
Sources: Lease Agreement (Spring Bank Pharmaceuticals, Inc.)
Repairs. In (a) During the event of a breakdown term of the Lease, Landlord shall be responsible at his sole cost and expense for any maintenance, repair and replacement, as may be necessary or advisable, to the roof or roof cover, and structural components (i.e., exterior walls and foundation) of the Building in which the Premises are located and for the replacement as may be necessary or advisable after Tenant's Construction of the heating, ventilating and air conditioning systems of the Premises ("HVAC System"), if any, after all warranty periods expire, and utilities outside of and not exclusively serving the Premises. Landlord shall perform such work after reasonable notice to Tenant and at a time and in a manner so as to minimize the disruption of or interference with Tenant's normal conduct of business or access to 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 and the succeeding paragraph, Tenant shall, commencing on the Commencement Date and thereafter at all times during the Term, be solely responsible at its sole cost and expense for ordinary maintenance of the Premises ,so as to maintain the same in good order and 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 following, except as otherwise provided in. paragraph (a) above: all repairs and replacements to and maintenance of the Building not otherwise the responsibility of Landlord, its mechanical electrical or mechanical and plumbing systems, LANDLORD fixtures and other improvements and the HVAC system. All such costs incurred by Tenant in connection with this paragraph shall be deemed Operating Expenses. Except as specifically set forth herein to be the responsibility of Landlord, all other repairs not otherwise mentioned herein shall be the responsibility of Tenant. Landlord shall not assess Tenant any management or administrative fees in connection with this Lease.
(b) Landlord shall be further responsible for the Premises' sidewalks and parking areas and shall further be responsible for snow and ice removal.
(c) Each of Landlord and Tenant shall promptly perform any maintenance and make any repair or replacement which Landlord or Tenant is required to make pursuant to Section 7. 1 (a) in a good and workmanlike manner and in conformance with all applicable laws, ordinances and codes and insurance requirements. If a party (the "Requesting Party") has given written notice to the other ("Obligor") of the need to perform such maintenance or to make such repairs or replacements, and the Obligor has failed to commence to take appropriate actions and/or complete such work (as the case may be) within a reasonable time after receipt of such notice based upon the nature of the work, but, in no event, exceeding thirty (30) days after notice,, or thereafter fails to proceed with reasonable diligence to complete such work, the Requesting Party may, but shall not be liable for damages obligated to, complete such work after prior written notice to the Obligor of its or personal discomfort; however, LANDLORD his intention to do so. The Requesting Party shall carry out repairs provide the Obligor with reasonable diligencedocumentation evidencing the reasonable costs and expenses, incurred by the Requesting Party in exercising this right of self-help. If SUBTENANT hires The Obligor shall reimburse the Requesting Party for reasonable costs and expenses incurred by the Obligor within ten (10) days after receiving the Requesting Party's documentation. Notwithstanding the foregoing, in the event that any occurrence upon the Premises in the reasonable and good faith judgment of the Requesting Party (such occurrence being referred- to herein as an "Emergency"), and such Emergency is of such a service person without nature that the consent Obligor is required to remedy same under the terms of LANDLORDthis Lease, and if the Obligor shall not immediately take such steps as are necessary to cause an abatement of the condition or conditions giving rise to such Emergency after receiving notice thereof from the Requesting Party, then, in such event the Requesting Party may thereafter take such steps and engage in such curative actions as are reasonably required to ▇▇▇▇▇ the Emergency without further notice to the Obligor, upon the doing of service which the Requesting Party shall be entitled to reimbursement from the Obligor for the costs to the Requesting Party of all, such curative actions, and the Obligor shall be obligated to pay same within thirty (30) days after receipt of such invoice and supporting documentation from the Requesting Party.
(d) Tenant agrees that it will be not commit or permit waste at the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep Premises and will surrender the Rented Premises in a reasonable state of cleanliness and shall be liable for broom-clean condition at the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants expiration of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S faultLease, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable normal wear and tear and loss by casualty excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via and except as provided in Paragraph 5.3(a) and (c), above.
(e-mail) Tenant may, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail but shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed thatobligated to, upon written notice trim trees to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesmaintain visibility Tenant's signs.
Appears in 1 contract
Repairs. In the event of a breakdown of the electrical or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out Landlord/Agent will make repairs with reasonable diligenceall due haste upon receipt of notice from Tenant of any defect, problems, or needed repairs, Tenant will be contacted by a contractor to schedule repairs. If SUBTENANT hires a service person without the consent ANY REPAIRS OR REPLACEMENTS OF THE PROPERTY, EQUIPMENT, OR APPLIANCES NECESSARY DUE TO ACTS OF COMMISSION OR OMISSION OF TENANT, HIS FAMILY, GUESTS, EMPLOYEES, OR PETS, SHALL BE PAID BY THE TENANT. Determination of LANDLORD, the whether any such repair or replacement is due to normal wear and tear or due to acts of commission or omission by ▇▇▇▇ ▇▇▇, his family, guests, employees, or pets, shall be made by a qualified professional, selected by the Landlord/Agent, who is familiar with the maintenance or repair of service will the property, equipment, or appliances in question. Any repair or replacement such as might fall under normal maintenance listed in paragraph 12 above shall be the responsibility of SUBTENANTthe Tenant regardless of cause (unless caused by the negligence of the Landlord/Agent or their employees). CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness Any unauthorized repairs shall be at Tenant's expense and liability and shall be liable for the costs a material breach of repair this lease by ▇▇▇▇▇▇. Tenant shall promptly notify Landlord/Agent of damage any defect, problems, or needed repairs with respect to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANTpremises, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT but shall not make any alterations to, order such repairs on or decorate about the Premises, premises without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove from the Landlord/Agent. Tenant hereby expressly agrees to limit or restrict any alterations and decorating and restore the Premises to the same condition as it was in activity on the date premises which could cause further damage or injury as a result of commencement of this Tenancy Agreementsuch defect, reasonable wear and tear exceptedproblem, or needed repair, until such time as proper corrective action can be taken. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of In the event any repairs are performed by Tenant without Landlord/Agent’s verbal or maintenance required written authorization, Tenant hereby warrants that such activity will be undertaken only if the person performing such repair is competent and qualified to perform it, assuring that the work done is safe and meets all applicable codes and statutes. Tenant warrants that he/she will be accountable for any mishaps, injuries or accidents resulting from such work Tenant performs or causes to be done performed by LANDLORD. It is agreed others, and that any request for maintenance or repairs not made via e-mail shall not be Tenant will hold the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance Landlord of the Premisesproperty and the Landlord's Agents free of liability, harm, litigation or claims of Tenant or other persons. Under no circumstances is the cost of said repairs to be deducted from any installment of rent.
Appears in 1 contract
Sources: Lease Agreement
Repairs. In the event of a breakdown of the electrical or mechanical systems, LANDLORD (a) Landlord shall not be liable required to make any repairs or improvements of any kind upon or to the Premises, except for damages necessary structural maintenance and repairs to the roof, walls, floors and foundations of the Building of which the Premises forms a part and repairs to utilities providing service from off-site to the Building, unless the necessity for any of such repairs shall have been occasioned by any action, omission to act or personal discomfortnegligence of Tenant, its assignees, subtenants, invitees, concessionaires or licensees, or their respective employees, agents, or contractors, in which event Tenant agrees to make such repairs, at Tenant's own cost and expense. Landlord shall not be required to commence any such repair until after notice from Tenant that the same is necessary, which notice, except in case of an emergency, shall be in writing and shall allow Landlord a reasonable time in which to commence and complete such repair. Landlord shall use reasonable efforts to do said repair work with minimum inconvenience, annoyance, disturbance or loss of business to Tenant, as may be reasonably possible under the circumstances consistent with accepted construction practice in the vicinity; howeverand so that such work shall be expeditiously completed, LANDLORD but in no event shall carry Landlord be required to incur any additional expenses for work to be done during hours or days other than regular business hours and days. Tenant shall be responsible for repairs to the HVAC, plumbing and electrical systems, and for improvements made by Tenant.
(b) Subject to the provisions of subsection (a) of this Paragraph, Tenant agrees at Tenant's own cost and expense to keep and maintain the Premises including the build out improvements and each and every part thereof in good repair, order and condition and to make all repairs with reasonable diligence. If SUBTENANT hires a service person and replacements thereto, and to the fixtures and equipment therein and the appurtenances thereto, including without limiting the consent generality of LANDLORDthe foregoing, interior walls, partitions and the lighting, electrical, heating, air conditioning, plumbing, and sewerage systems, equipment, fixtures and facilities within and serving the Premises, and the floor slab and that portion of any pipes, lines, ducts, wires or conduits installed by Landlord or Tenant contained under, above or within, and exclusively serving, the ▇▇▇▇ of service will be Premises. Tenant shall keep and maintain the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state first-class and attractive condition throughout the Lease Term. Tenant shall replace all damaged or broken glass with glass of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises equal quality with that broken or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANTdamaged, except in the case of an emergencydamage or destruction by fire or other insurable casualty or by eminent domain, the obligations of Landlord and Tenant shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesbe controlled as hereinafter provided.
Appears in 1 contract
Repairs. In Tenant shall maintain, repair, and replace, at its sole cost and expense, the event of a breakdown entire interior of the electrical or mechanical systemsLeased Premises, LANDLORD and, subject to the paragraph below, make all necessary repairs and replacements to all interior improvements and systems which serve the Leased Premises, including all electrical, mechanical, heating, and plumbing systems and equipment (collectively the "Interior Systems"), and all glass doors, walls, trim, floors, and lighting in the Leased Premises. Landlord shall have the obligation, at its sole cost and expense, to (i) maintain, repair, and replace the entire exterior of the Leased Premises including, but not be liable limited to, roof, walls, foundation, and all structural components of the building and all improvements thereon; to maintain, repair, and replace all parking, driveway and access areas; (ii) for damages or personal discomforta period of one (1) year after the Rent Commencement Date, keep the Interior Systems in good working order; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees and (iii) to take all other action necessary to keep the Rented Leased Premises and all improvements thereon in a reasonable state good working order. After the first year after the Rent Commencement Date, Tenant shall pay the first $1,000 of cleanliness repairs and necessary replacements to the Interior Systems. Any maintenance, repair, or replacement costs related to Interior Systems during the first year, which costs more than $1,000, shall be liable due and payable by Landlord to Tenant upon demand therefore, provided that Tenant provides Landlord with invoices for all costs related to such work. Tenant shall, throughout the costs term of repair this Lease, promptly comply, or cause compliance, with all laws and ordinances and the orders, rules, regulations and requirements of damage all federal, state, county, and municipal governments, and appropriate departments, commissions, boards and offices thereof, which may be applicable to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Leased Premises.
Appears in 1 contract
Repairs. In 11.1 Tenant, at its sole cost and expense, shall take good care of, and make all interior non-structural repairs to, the event of a breakdown Premises, and all repairs to Tenant’s equipment. Landlord shall make all repairs to the exterior of the electrical Premises and all repairs to the heating, ventilating and air conditioning system installed by Tenant outside the Premises, whether ordinary or mechanical extraordinary, at Tenant’s sole cost and expense (except to the extent such repairs are includable in Operating Expenses or Floor Common Area Costs to be paid by Tenant as a component of Tenant’s Operating Payment), as and when needed to preserve the Premises in good working order and condition and keeping with the Class A character of the Building and all repairs (not required to be made or paid for by Tenant pursuant to Article 10) required to keep the Premises in compliance with all Legal Requirements and Insurance Requirements and to prevent any disruption of, or adverse effect on, the Building, the Building systems, LANDLORD the quiet enjoyment of other tenants or to prevent any damage to the personal property of other tenants. Tenant shall not be liable responsible for damages the costs of any such repairs unless the need therefor arises out of (i) the performance of or personal discomfort; howeverexistence of improvements made by or at the request of Tenant, LANDLORD any subtenants or any other occupant of the Premises, (ii) the installation, use or operation of equipment installed therein by or at the request of Tenant, any subtenant or any other occupant of the Premises (iii) the moving of any such equipment in or out of the Building or the Premises, (iv) the wrongful acts, omissions, negligence or misuse of or by Tenant, any subtenants or any of its or their employees, agents, contractors, occupants, licensees or invitees or their use or occupancy of the Premises (except fire or other casualty caused by Tenant’s negligence, if the fire or other casualty insurance policies insuring Landlord are not invalidated and the rights of Landlord are not adversely affected by this provision), or (v) Legal Requirements or Insurance Requirements with which Tenant is obligated to comply pursuant to the provisions of Section 10.1. Any such structural repair of the Premises required as a result of clause (i), (ii), (iii), (iv) or (v) of the immediately preceding sentence shall carry out repairs with be performed by Landlord, at Tenant’s reasonable diligence. If SUBTENANT hires expense, and Tenant shall pay for the same, as Additional Rent, within ten (10) business days of its receipt of a service person without the consent of LANDLORD, the ▇b▇▇▇ therefor unless such failure arises from the wrongful actions or omissions where there is a duty to act, of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises Landlord or its agents, contractors, employees or representatives and, in a reasonable state of cleanliness and which case, Landlord shall only be liable for the costs portion of repair of damage the liability attributable to the Rented actions or omissions where there is a duty to act, of Landlord, its agents, contractors, employees or representatives. Tenant, at its sole cost and expense, shall promptly replace or repair scratched, damaged or broken doors and glass in and about the Premises and shall be responsible, for all repairs and maintenance of wall and floor coverings in the Premises. Any broken window glass shall be repaired by Landlord at Tenant’s reasonable expense, and Tenant shall pay for the same, as Additional Rent, within ten (10) business days of its receipt of a b▇▇▇ therefor. Tenant, promptly and at its sole cost and expense, shall make all non-structural repairs in or residential complex caused to the Premises for which it is responsible. In the event Tenant fails to promptly make any repair or alteration required by Tenant to be performed under this Section 11.1, Landlord, at Tenant’s sole but reasonable cost and expense, shall have the right after ten (10) days Notice to Tenant to make such repairs or alterations and Tenant shall pay for such repairs or alterations, as Additional Rent, within ten (10) business days after its receipt of a b▇▇▇ therefor. All repairs made by or on behalf of Tenant shall be made in conformity with the provisions of Article 12 and shall be at least equal to the then standards for the Building established by Landlord.
(a) Landlord shall make all necessary repairs to the roof and all structural repairs to the Building. Any such structural or roof repairs occasioned by the willful acts, omissions, negligence or negligent conduct misuse of SUBTENANTor by Tenant or any of its subtenants or any of its or their employees, other occupants agents, contractors, occupants, licensees or invitees or their use or occupancy of the Premises shall be made by Landlord at Tenant’s expense (subject to the provisions of Article 17). Landlord’s repair obligations under this Section 11.2(a) shall exclude, however, (i) repairs of Tenant’s personal property or persons who are permitted improvements made by or at the request of Tenant (including, without limitation, any Alterations, not occasioned by Landlord’s wrongful acts, omissions where there is a duty to act, or negligence) and (ii) repairs which Tenant is obligated to make pursuant to Section 11.1 and the other provisions of this Lease. Landlord shall perform all maintenance of, and promptly after the receipt of a Notice from Tenant of the necessity of repair, make all necessary repairs to, the Building standard HVAC system equipment and any security and life safety systems or devices which may be installed in the residential complex Premises by SUBTENANTLandlord. SUBTENANT Any repairs to the Building standard HVAC system equipment and any security and life safety systems or devices occasioned by the negligent or wrongful acts or omissions or negligence of Tenant or any of its subtenants, or, its or their employees, agents, contractors, licensees or invitees, shall also be responsible performed by Landlord at Tenant’s expense and Tenant shall pay for replacing the same, as Additional Rent, within ten (10) business days of its receipt of a b▇▇▇ therefor. Except for the foregoing repair obligation, Landlord shall (subject to the provisions of Article 17) have no liability for the failure of any such Building system, unless such failure arises from the negligent or wrongful acts or omissions (where there is a duty to act) of Landlord or its agent or contractors and in which case Landlord shall only be liable for the portion of the liability attributable to the wrongful actions or omissions (where there is a duty to act) of Landlord, its agents or contractors. The cost of all light bulbs repairs and unclogging of toilets. Should a plumber maintenance by Landlord hereunder shall be required to unclog the toilet(sincluded in Operating Expenses except as may be specifically excluded by Article 5 hereof.
(b) and it is found Tenant, at its sole expense, shall operate or cause to be SUBTENANT’S fault, operated and maintained in a first-class manner and consistent with the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make manufacturer’s specifications any alterations to, air conditioning system and any life safety or decorate the Premises, without LANDLORD’s prior written approval security system installed by Tenant and shall, upon termination of tenancy, remove any alterations and decorating and restore serving the Premises to prevent any adverse effect on any Building system(s). Any maintenance or repair of such air conditioning system and any life safety or security system shall be performed by Landlord upon Tenant’s request and at Tenant’s reasonable expense and Tenant shall pay for such maintenance and repair, as Additional Rent, within ten (10) business days after Tenant’s receipt of an invoice therefor. Landlord reserves the same condition as it was right (i) to make emergency repairs to any such Tenant’s system without Notice, at Tenant’s expense, which shall be deemed to be Additional Rent and payable within ten (10) business days from Tenant’s receipt of an invoice therefor, and (ii) to require changes to be made by Tenant to any such Tenant’s system if the operation thereof adversely affects, in on Landlord’s reasonable opinion, the date Building’s systems. Tenant shall have no access to Building systems unless Landlord shall consent thereto.
(c) No liability of commencement Landlord to Tenant shall accrue under this Section unless and until Tenant has given Notice to Landlord of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, the necessity of any repairs or maintenance required specific repair for which Landlord has agreed to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or responsible under this AgreementLease, SUBTENANT, and a sufficient time has elapsed in which to make such repair with same not being performed. In no event shall any failure by Landlord to make any such repairs give to Tenant any right to make such repairs except in the case as expressly permitted herein or to withhold payment of an emergency, shall not call on Base Rent or Additional Rent or to offset any person not employed costs incurred by LANDLORD to affect Tenant against any repair payment of Base Rent or maintenance of the PremisesAdditional Rent.
Appears in 1 contract
Repairs. In the event of a breakdown of the electrical or mechanical systems(a) The Tenant shall, LANDLORD shall not be liable for damages or personal discomfort; howeverat its cost, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDmaintain, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to repair and keep the Rented Premises, including all appurtenances, equipment and fixtures including locks, all doors, including glass doors and windows, window frames, hot water tanks, plumbing fixtures, metal bar grid, ceiling tiles, lighting fixtures, electrical, plumbing and HVAC systems within the Premises in good order and repair as a reasonable state of cleanliness careful tenant would do and shall be liable solely responsible for landscaping, security, janitorial services, garbage pickup and any service or facility needed in the costs course of the Tenant's business, the Landlord being responsible only to maintain and repair the structural elements of the Building and the Building envelope (excluding the roof to the extent of the Tenant's responsibilities set out in section 9.01(c)), at the Landlord's cost and to maintain and repair the parking areas at the Tenant's cost, unless otherwise specifically set out to the contrary in this Lease. The Tenant is responsible for damage to the Rented Premises or residential complex caused by its employees, licensees, invitees, customers or agents.
(b) Without limiting the willful foregoing, the Tenant shall as a careful tenant would do, at its cost, be solely responsible to maintain, repair and replace the HVAC systems serving the Premises, and covenants to enter into and comply with a contract for regular maintenance (of no less than four times per year) and the Tenant will provide promptly upon receipt a copy of such quarterly maintenance reports to the Landlord and such contract will be on terms and with a service contractor reasonably satisfactory to the Landlord and the Tenant shall provide copies of such maintenance contract to the Landlord in advance of entering into same, such contract not to be terminated or negligent conduct of SUBTENANTamended without the Landlord's prior reasonable approval, other occupants such approval not to be unreasonably withheld or delayed.
(c) Without limiting the foregoing, the Tenant shall as a careful tenant would do, at its cost, be solely responsible to maintain and repair the roof and the roof membrane of the Premises Building. If the roof should need replacement before the end of the Term or persons who are permitted in any renewal, the residential complex by SUBTENANT. SUBTENANT Landlord shall also be responsible for replacing all light bulbs and unclogging completing such replacement at its cost, provided that the Tenant shall pay as part of toilets. Should Operating Costs for each remaining year of the Term or any renewal a plumber proportionate share of the cost of such replacement based on the replacement cost amortised over the useful life of the roof, unless the need for replacement results from the failure of the Tenant to properly maintain the roof, in which case the Tenant shall be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge solely responsible for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination cost of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisessuch replacement.
Appears in 1 contract
Sources: Lease Agreement (Abgenix Inc)
Repairs. In (A) Landlord shall during the term of this Lease make all necessary repairs or alterations to the property, which Landlord is required to maintain, as hereinafter set forth. The property, which Landlord is required to maintain, is the foundation, roof, exterior walls, structural columns and structural beams of the Demised Premises and the landscaped and parking areas upon the Entire Parcel. Notwithstanding the foregoing, if any of said repairs or alterations shall be made necessary by reason of repairs, installations, alterations, additions or improvements made by Tenant or anyone claiming under, Tenant, by reason of the fault or negligence of Tenant or anyone claiming under Tenant, by reason of a default in the performance or observance of any agreements, conditions or other provisions on the part of Tenant to be performed or observed hereunder, by reason of any vehicles damaging the demised premises or by reason of any special use to which the Demised Premises may be put, Tenant shall make all such repairs or alterations as may be necessary, except as otherwise required under Article 13 (A). Landlord shall not be deemed to have committed a breach of any obligation to make repairs or alterations or perform any other act unless (i) Landlord shall have made such repairs or alterations or performed such other act negligently, or (2) Landlord shall have received notice from Tenant designating the particular repairs or alterations needed or the other act of which there has been failure of performance and shall have failed to make such repairs or alterations or performed such other act within a reasonable time after the receipt of such notice and in the event of a breakdown breach referred to in Clause (2) of this sentence, Landlord's liability shall be limited to the cost of making such repairs or alterations or performing such other act. As used in this Lease, the expressions "exterior walls" and "roof" do not include rooftop heating and/or air conditioning units serving the Demised Premises exclusively or glass, windows, doors, window sashes or frames, door frames or sign belt.
(B) Tenant shall during the term of this Lease make all repairs and alterations to the property which Tenant is required to maintain and/or replace as hereinafter set forth, which may be necessary to maintain the same in good order, repair and condition, or which may be required by any laws, ordinances, regulations or requirements of any public authorities having jurisdiction, subject only to the provisions of Articles 13 and 14; and Tenant shall upon the expiration or other termination of the electrical term of this Lease remove its property and that of all persons claiming under it and shall yield up peaceably to Landlord the Demised Premises and all property therein other than property of Tenant or mechanical systemspersons claiming under Tenant, LANDLORD well maintained and clean, and in good order, repair and condition, and subject only to the provisions of Articles 13 and 14, and shall not be liable then surrender all keys for damages or personal discomfort; howeverthe Demised Premises and shall inform Landlord of all combinations on locks, LANDLORD shall carry out repairs with reasonable diligencealarms and safes. If SUBTENANT hires a service person The property which Tenant is required to maintain is the Demised Premises and every part thereof, including, but without limitation, (I) the consent of LANDLORDfloor slab, and all walls, floors and ceilings, (II) the heating, ventilating and air conditioning system and all utilities (water, gas, electricity and sewerage) conduits, the sprinkler system, fixtures, meters and equipment to the extent the same serve the Demised Premises (whether located inside or outside the Building, (III) stairways, landings, sidewalks and pedestrian traffic lanes as well as the proper and regular sanding thereof, and (III) all glass, windows, doors, window sashes and frame and door frames. Tenant shall at all times keep in full force and effect a full (all labor and materials included) service and maintenance contract, approved by Landlord, for the heating, ventilating, and air conditioning system of the Demised Premises. Landlord may, at its option, reserve the right to be the contractor and ▇▇▇▇ the Tenant for the cost of service will these charges. Notwithstanding the foregoing, Tenant shall not be under any obligation to make repairs or alterations to the responsibility foundation, roof, exterior walls, structural columns or structural beams of SUBTENANTthe Building, except to the extent provided in Section (A) of this Article. CARE OF RENTED PREMISES SUBTENANT Tenant specifically agrees to replace all glass damaged with glass of the same kind and quality. Tenant also shall paint, varnish and otherwise redecorate the Demised Premises when required to keep the Rented Demised Premises in a reasonable state the same or similar condition as such Demised Premises are in at the commencement of cleanliness and the Lease. So-called patch-paint jobs by Tenant shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesunacceptable.
Appears in 1 contract
Sources: Lease Agreement (A123 Systems Inc)
Repairs. In Subject to the event provisions of a breakdown Paragraph 13, the Lessee shall, at the Lessee's own expense, keep the Premises in good order, condition and repair during the Term, including the replacement of all broken glass with glass of the electrical same size and quality, with signs thereon, under the supervision and with the approval of the Lessor. If the Lessee does not make repairs promptly and adequately, the Lessor may, but need not, make repairs, and the Lessee shall pay promptly the cost thereof. At any time or mechanical systemstimes, LANDLORD the Lessor, either voluntarily or pursuant to governmental requirement, may, at the Lessor's own expense, make repairs, alterations or improvements in or to the Building or any part thereof, including the Premises, and, during operations, may close entrances, doors, corridors, elevators or other facilities, all without any liability to the Lessee by reason of interference, inconvenience or annoyance. The Lessor and its beneficiaries shall not be liable to the Lessee for damages any expense, injury, loss or personal discomfort; howeverdamage resulting from work done in or upon, LANDLORD or the use of, any adjacent or nearby building, land, street or alley. The Lessee shall carry out repairs with reasonable diligencepay the Lessor for overtime and for any other expense incurred in event repairs, alterations, decorating or other work in the Premises are not made during ordinary business hours at the Lessee's request. If SUBTENANT hires a service person without Lessor, at Lessor's own expense, shall maintain in good order, condition and repair during the consent of LANDLORDTerm, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness roof, foundation and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants structural components of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate Building other than the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to such that the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to shall be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD at all times in a court clean and sanitary condition, in full compliance with all applicable laws, and in a condition at lease as good as that maintained at other comparable office buildings within the City of law or before a tribunal of competent jurisdictionChicago. It is further agreed thatLessor may include within the Operating Expenses, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under Lessor's expenses incurred in complying with this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premisesparagraph.
Appears in 1 contract
Sources: Office Lease (Tunes Com Inc)
Repairs. In Tenant shall make, at its sole cost and expense, all repairs necessary to maintain the event of a breakdown Building and the Demised Premises (except the Common Facilities), including without limitation, the roof and structure, all plumbing, heating, ventilation, air conditioning and electric lines, pipes, fixtures and equipment and shall keep the Building and Demised Premises and the fixtures therein in neat and orderly condition. Tenant shall keep the sidewalk immediately surrounding the Building and the landscaped areas adjacent to the foundation of the electrical Building in neat and orderly condition and free of vermin, offensive odors, and (with respect to sidewalks or mechanical systemspaved areas) free of snow within a reasonable time after a snow fall. Tenant shall keep all grass, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs shrubbery and landscaping immediately adjacent to the Building neatly trimmed in a manner consistent with reasonable diligenceLandlord's maintenance of other landscaped areas in the Center. If SUBTENANT hires a service person without the consent Tenant refuses or neglects to perform such maintenance or repairs, or fails to diligently prosecute the same to completion, after 30 days prior written notice from Landlord of LANDLORDthe need therefor, Landlord may make such repairs at the expense of Tenant and such expense shall be collectible as Additional Rent. Any such repairs and any labor performed or materials furnished in, on or about the Demised Premises shall be performed and furnished by Tenant in strict compliance with all applicable laws, regulations, ordinances and requirements of all duly constituted authorities or governmental bodies having jurisdiction over the Building, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Premises in a reasonable state of cleanliness and shall be liable for the costs of repair of damage to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANT. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, requirements of any repairs or maintenance required to be done board of underwriters having jurisdiction thereof, as well as any reasonable regulations imposed by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the PremisesLandlord pertaining thereto.
Appears in 1 contract
Sources: Lease Agreement (Peoples First Inc)
Repairs. In Tenant shall maintain the event of a breakdown of the electrical or mechanical systems, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORD, the ▇▇▇▇ of service will be the responsibility of SUBTENANT. CARE OF RENTED PREMISES SUBTENANT agrees to keep the Rented Leased Premises in a reasonable state of cleanliness good condition and repair, and shall be liable responsible, at its sole cost and expense, for the costs of all interior maintenance and repair of damage to the Rented Leased Premises, including without limitation all interior and mechanical repairs, and all equipment, utilities and systems at or within the Leased Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANTand all exterior maintenance and repair. SUBTENANT Tenant shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not promptly make any alterations toand all necessary repairs required hereunder at its sole cost and expense, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges provide however that for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance replacements required to be done made by LANDLORDTenant to the mechanical, electrical, sanitary, ventilating, air conditioning or other systems of the Leased Premises, or which may affect the Resort or the exterior or interior structure of any building thereat, Tenant shall first provide notice to and obtain written consent from Landlord as to the work, contractor and materials. It is agreed If Tenant fails to make any necessary repairs required hereunder, or to maintain the Leased Premises in at least as good condition as at the Effective Date, Landlord may make any such repairs required hereunder and collect all expense therefor as Additional Rent. Notwithstanding anything to the contrary stated herein, Landlord reserves the light to install, erect, use, maintain, alter or repair the Leased Premises in any manner as it may deem necessary or reasonable, except that any request for maintenance or repairs not made via e-mail the same shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance unreasonably interfere with Tenant's use and enjoyment of the PremisesLeased Premises for the purposes provided herein.
Appears in 1 contract
Sources: Assignment of Lease Agreement (Kisses From Italy, Inc.)
Repairs. In Tenant from and after the event of a breakdown delivery date, and until the end of the Lease Term, agrees that it will be responsible, at its sole cost and expense, for all repairs, maintenance, and replacements to the Leased Premises, including but not limited to the interior and exterior portions of all doors, windows, plate glass; the mechanical, plumbing, heating, air conditioning, ventilating, and electrical or mechanical equipment and systems; partitions and all other fixtures, LANDLORD shall not be liable for damages or personal discomfort; however, LANDLORD shall carry out repairs with reasonable diligence. If SUBTENANT hires a service person without the consent of LANDLORDappliances, the structural components and roof and exterior walls of the Building, all grounds, parking lots, facilities, gutters, sidewalks, curbs and other paved walkways and areas on and adjacent thereto, exterior lighting fixtures, water, sewer, gas and other utility connections, pipes and mains, and all other fixtures, machinery and equipment now or hereafter serving the same, and ▇▇▇▇▇▇ agrees to put, keep and maintain all of service will the foregoing in safe, sound, and lawful order and condition and facilities furnished or installed by Tenant. All work in the Premises shall be performed by Tenant in a good and workmanlike manner in compliance with all applicable governmental laws, codes, rules, and regulations, free of any liens for labor and materials, and subject to such reasonable requirements as Landlord may impose. Landlord shall have the right to post the Premises with a notice of a non-liability in connection with any such work performed by or on behalf of Tenant. Tennant shall maintain the HVAC system, electrical system, landscaping, parking lot maintenance and snow removal, the cost of which shall be the responsibility of SUBTENANTTenant. CARE OF RENTED PREMISES SUBTENANT agrees If Tenant fails to keep maintain any of these items then Landlord shall have the Rented Premises in right to enter into a reasonable state maintenance contract for the HVAC system, electrical system, landscaping, parking lot maintenance and snow removal, the cost of cleanliness and which shall be liable for the costs responsibility of repair of damage Tenant and will be added to the Rented Premises or residential complex caused by the willful or negligent conduct of SUBTENANT, other occupants of the Premises or persons who are permitted in the residential complex by SUBTENANTNNN amount owed each month. SUBTENANT shall also be responsible for replacing all light bulbs and unclogging of toilets. Should a plumber be required to unclog the toilet(s) and it is found to be SUBTENANT’S fault, the charge for the plumber will be the SUBTENANT’S responsibility. SUBTENANT shall not make any alterations to, or decorate the Premises, without LANDLORD’s prior written approval and shall, upon termination of tenancy, remove any alterations and decorating and restore the Premises to the same condition as it was in on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. See Schedule 2 - Damage/Other Charges for charges that may apply. MAINTENANCE SUBTENANT covenants to advise LANDLORD, via e-mail, of any repairs or maintenance required to be done by LANDLORD. It is agreed that any request for maintenance or repairs not made via e-mail shall not be the subject of any legal proceeding by SUBTENANT against ORIGINAL TENANT or LANDLORD in a court of law or before a tribunal of competent jurisdiction. It is further agreed that, upon written notice to LANDLORD of any repairs or maintenance that LANDLORD is required to undertake by law or under this Agreement, SUBTENANT, except in the case of an emergency, shall not call on any person not employed by LANDLORD to affect any repair or maintenance of the Premises.
Appears in 1 contract