Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time 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; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 2 contracts
Sources: Lease (Aethlon Medical Inc), Lease (Aethlon Medical Inc)
Repairs. Tenant shallSubject to Section 11, Tenant, at Tenant’s own its expense, keep shall perform all non-structural maintenance and repairs (including replacements) to the interior of the Premises, and keep the Premises in as good condition and repair as when Tenant took possession and as thereafter improved by Landlord and/or Tenant, except for damage by casualty (which shall be governed by the terms of Article 11 of this Lease, below), reasonable wear and tear and repairs that are Landlord’s express responsibility hereunder. Tenant’s maintenance and repair obligations shall include (a) all leasehold improvements in the Premises, whenever and by whomever installed or paid for, including all improvementsany Tenant Improvements, fixtures, furnishingsany Alterations (defined in Section 7.2), and systems any leasehold improvements installed pursuant to any prior lease, but excluding the Base Building (the “Leasehold Improvements”); (b) all supplemental heating, ventilation and equipment within the Premises air conditioning units, kitchens (orincluding hot water heaters, provided that Landlord provides access to Tenantdishwashers, any systems garbage disposals, insta-hot dispensers, and equipment outside of the Premises but plumbing) and similar facilities exclusively serving the Premises), in good order, repair and condition at all times during whether located inside or outside of the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of LandlordPremises, and within any reasonable period of time specified whenever and by Landlord, promptly whomever installed or paid for; and adequately repair (c) all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent Lines (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenantdefined in Section 23), 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 may, if requested by Tenant, perform such maintenance and repairs on Tenant’s behalf, in which case Tenant shall be responsible pay Landlord, upon demand, the actual, documented cost to Landlord for such work plus a coordination fee equal to 5% of such cost. Landlord shall perform all maintenance and repairs to (i) the roof and exterior walls, foundation walls and roof (including roof membrane) windows of the Building, (ii) the Base Building, including all Base Building elements of the Premises, and (iii) the Common Areas. As used herein, “Base Building” means the structural portions of the floors Building (including the foundation and roof), the roof and exterior walls and windows of the Building, and all mechanical (including HVAC), electrical, plumbing and fire/life-safety systems serving the base building Building in general, excluding additions or upgrades to such Building systems and equipment made by Tenant, whether located inside or outside of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 Premises. Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases perform its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling obligations in a manner consistent with the landlords of other first class office buildings in the general vicinity of the Building’s network cabling.
Appears in 2 contracts
Sources: Office Lease (Responsys Inc), Office Lease (Responsys Inc)
Repairs. Tenant shallIf this Lease is not terminated as provided above, at Tenant’s own expenseit shall continue in full force and effect, keep and Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment, and subject to all other terms of this Article, restore the Premises, including all improvements, fixtures, furnishings, the Common Areas and systems and equipment within the portions of the Project serving the Premises (or, and Tenant shall assign to Landlord all insurance proceeds payable to Tenant as to the Tenant Improvements and any Alterations; provided that Landlord provides access to Tenant, any systems and equipment outside if the cost of the Premises but exclusively serving restoration of the Premises), in good order, repair Tenant Improvements and condition at all times during any Alterations by Landlord exceeds the Lease Term. In addition, Tenant shall, at amount of Tenant’s own expenseinsurance proceeds therefor, but under as assigned by Tenant to Landlord, such excess shall be paid by Tenant to Landlord prior to Landlord’s restoration thereof. Further, if the supervision Premises included any above-Building standard improvements as of the Commencement Date and subject the restoration of such above-Building standard improvements is not covered by the insurance proceeds received by Landlord, the cost of the restoration of such above-Building standard improvements 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 prior reasonable approval casualty, except for modifications (a) required by Law; (b) required by the holder of a mortgage on the Building, or the lessor of a ground or underlying lease with respect to the Property; or (c) to the Common Areas reasonably deemed desirable by Landlord, and within any reasonable period which are consistent with the character of time specified by Landlord, promptly and adequately repair all damage the Project. No such modifications shall materially impair access to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord any Common Areas serving the cost thereof, including a management fee of five percent (5%) of such costsPremises. Without limitation, Tenant shall be responsible responsible, at its sole cost and expense, for repair and maintenance of all electricalthe repair, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant)restoration, 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 replacement of such systemsTenant’s Property. Notwithstanding the foregoing, Landlord shall not be responsible liable for repairs to any loss of business, inconvenience, or annoyance arising from any casualty or any repair or restoration of any portion of the exterior wallsPremises, 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, and all portions of or the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct as a result 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 any damage from any casualty. All work by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject subject to the terms and conditions of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling11.
Appears in 2 contracts
Sources: Office Lease (Net), Office Lease
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within 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 (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord’s involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements forthwith upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenantsBuilding, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right any and all rights it may have at law or in equity to make repairs at the expense of Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 2 contracts
Sources: Office Lease (Motricity Inc), Office Lease (Motricity Inc)
Repairs. (a) Landlord shall keep and maintain all parking and structural portions of the Building (including the roof, foundations and exterior walls, excluding plate glass) in good condition and repair, except that Tenant shall bear the expense of repairing any damage caused by Tenant, or by its agents, employees, servants, contractors, invitees or guests (collectively, “Tenant Parties”).
(b) Tenant shall, at Tenant’s own its expense, (i) keep the Premises in compliance with any local, state or federal rule, regulation or law having to do with the use or occupancy of the Premises; and (ii) keep and maintain the entire Premises, including all improvementsutilities, fixturesheating, furnishingsair conditioning, water, sewer, electrical and sprinkler systems and equipment (if any) within the Premises (orand the fixtures and appurtenances therein in good condition and repair, provided that Landlord provides access to Tenant, any systems and equipment outside except for those portions of the Premises but exclusively serving to be kept and maintained by Landlord as provided herein. Furthermore, Tenant agrees that it shall be liable for any damage to such heating, air conditioning, water, sewer, electrical and sprinkler systems (if any) and any other damage resulting from the Premises), improper maintenance of these systems.
(c) Landlord will deliver HVAC units in good ordercondition, repair and condition at tenant agrees to return units in the same condition, normal wear and tear expected.
Option A: Tenant agrees to contract with a qualified HVAC company to handle quarterly maintenance (filter changing, coil cleaning, topping off Freon). Tenant agrees to pay for any roof damages resulting from HVAC techs.
ii. Option B: NO FAULT HVAC PLAN: Because having HVAC techs on your roof invariably causes roof leaks that are a major inconvenience to you and a cost burden, we now offer a no-fault HVAC care plan which allows us to use our techs to handle quarterly maintenance, filter changes, Freon maintenance, minor repairs, all the way up to major component replacement. Your price is $95 per unit monthly. This is about what you would pay for just the quarterly servicing from a reputable HVAC firm, and includes your repairs and replacement as needed. For emergency repairs, we make every effort to get you back up and running quickly. Given that life is not always perfect, there may be times during the Lease Termwhen sourcing parts causes more of a delay than either of us would like. In additionthese situations, Tenant shall, at Tenant’s own expense, but under the supervision we will be as resourceful as possible and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except ask for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingyour understanding when we can’t produce instant results.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishingsfixtures and furnishings therein, and systems and equipment within the floor covering of the Building on which the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord’s involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements forthwith upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenantsBuilding, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 2 contracts
Sources: Office Lease (CrowdStrike Holdings, Inc.), Office Lease (CrowdStrike Holdings, Inc.)
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishingsfixtures and furnishings therein, and systems and equipment within the floor or floors of the Building on which the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the reasonable cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord’s involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements forthwith upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenantsBuilding, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice (if possible) to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 2 contracts
Sources: Sublease Agreement (CrowdStrike Holdings, Inc.), Sublease Agreement (CrowdStrike Holdings, Inc.)
Repairs. Tenant shallTenant, at its expense, shall perform all maintenance and repairs (including replacements) to the Premises that are not Landlord’s express responsibility hereunder, and shall keep the Premises in good condition and repair, and reasonable wear and tear and damage from a Casualty or Taking excepted. Tenant’s own expense, keep maintenance and repair obligations shall include (a) all leasehold improvements in the Premises, whenever and by whomever installed or paid for, including all improvementsany Tenant Improvements, fixtures, furnishingsany Alterations (defined in Section 7.2), and systems any leasehold improvements installed pursuant to any prior lease, but excluding the Base Building (the “Leasehold Improvements”); (b) all supplemental heating, ventilation and equipment within the Premises air conditioning units, kitchens (orincluding hot water heaters, provided that Landlord provides access to dishwashers, garbage disposals, insta-hot dispensers, and plumbing) and similar facilities exclusively serving Tenant, any systems and equipment whether located inside or outside of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified whenever and by Landlord, promptly whomever installed or paid for; and adequately repair (c) all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent Lines (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenantdefined in Section 23), 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 may, at its option, perform such maintenance and repairs on Tenant’s behalf, in which case Tenant shall be responsible for pay Landlord, within 15 days after Tenant receives a demand and reasonable evidence of the cost, the cost of such work plus a coordination fee equal to 5% of such cost. Landlord shall perform all maintenance and repairs to (i) the roof and exterior walls, foundation walls and roof (including roof membrane) windows of the Building, (ii) the Base Building, and (iii) the Common Areas. As used herein, “Base Building” means the structural portions of the floors Building (including the foundation), together with all mechanical (including HVAC), electrical, plumbing and fire/life-safety systems serving the Building in general, whether located inside or outside of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingPremises.
Appears in 2 contracts
Sources: Office Lease (Extend Health Inc), Office Lease (Extend Health Inc)
Repairs. The Tenant shall, at Tenant’s own expense, keep shall take good care of the Premises, including Demised Premises and shall make all improvements, fixtures, furnishings, and systems and equipment within necessary non-structural repairs to the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment interior thereof except for repairs of damage resulting from causes outside of the Premises but exclusively serving the Demised Premises), e.g. leaks or overflows in good orderneighboring space. Landlord shall maintain, repair or replace all HVAC, plumbing and condition electrical fixtures and circuitry (other than fixtures installed by the Tenant) and shall promptly repair all roof leaks. Landlord shall maintain and repair the common areas of the building including hallways, entry, vestibule, bathrooms, and the exterior of the building including the parking lot and landscaping at all times during the Lease TermLandlord's expense. In additionUpon the expiration or at the termination of this lease, the Tenant shall, at Tenant’s own expense, but under shall surrender the supervision and subject Demised Premises to the prior reasonable Landlord in as good condition as at the commencement of the term, ordinary wear and tear excepted. Tenant is prohibited from making any structural improvements, alterations or additions to the Demised Premises without first obtaining the written approval of therefore from the Landlord, and within any reasonable period of time specified all such improvements, alterations or additions made 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; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance the property of all electricalthe Landlord, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point at no expense to the Landlord, and shall remain upon and be surrendered with the Demised Premises, as part thereof, at the expiration or termination of this lease. In the event that any mechanics' lien is filed against the Demised Premises as a result of any repairs, improvements, alterations or additions made by the Tenant, the Landlord, at its option, after ten (but only 10) days written notice to the extent such electricalTenant, plumbingmay terminate this lease and/or may pay the said lien, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to without inquiring into the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Buildingvalidity thereof, and the base building systems and equipment Tenant shall forthwith reimburse the total expense incurred by the Landlord in discharging the said lien as additional rent hereunder on the first day of the Building next month following such payment by Landlord. Landlord shall have the right to install and Common Areasmaintain in the Demised Premises all utility lines and electric wiring and all other appliances necessary for the operation of the balance of the building of which the Demised Premises form a part, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except shall have access to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Demised Premises at all reasonable times and upon after prior reasonable prior notice to make Tenant, and in cases of emergency at any time without prior notice, for the purpose of examining same or of making such repairs or changes as the Landlord may deem necessary. No claim shall be made by, or compensation paid to the Tenant by the Landlord by reason of inconvenience, annoyance, loss or damage arising from the necessity of making such repairs, alterationshowever the necessity may occur, improvements or additions to the Premises or to the Project or to nor shall there be any equipment located abatement in the Project as rent during such period of time. Landlord shall desire take reasonable steps to perform its rights and obligations hereunder without unnecessary or deem necessary or as Landlord may be required unreasonable interference to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling's business.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
Repairs. Tenant shall(a) Landlord shall maintain (including repairs and replacements), at Tenant’s own expensein a timely manner, keep in good order and condition and incompliance with all Law and in accordance with the standards of Class A office buildings in Downtown Cleveland as reasonably determined by Landlord, all of the following; (a) Common Areas and other public portions of the Building, including but not limited to any lobbies, stairs, elevators, corridors and restrooms, (b) the windows and exterior walls, roofs, foundations and structure itself of the Building, (c) the fire and life safety systems, mechanical, HVAC, plumbing, gas, sewer, drainage, electrical and other utility lines and equipment servicing the Premises, including all improvements, fixtures, furnishingsBuilding and/or the Common Areas, and systems (d) all other portions of the Building (other than leased space expressly required to be maintained by a particular tenant pursuant to the terms of its lease). The cost of the foregoing shall be included in Expenses (except as otherwise prohibited by this Lease), except for the repairs due to fire and equipment within other casualties and for the Premises (or, provided that Landlord provides access to repair of damages occasioned by the negligent acts or omissions of Tenant, any systems which Tenant shall pay to Landlord in full (unless the liability for such has been waived by Section 21). Landlord shall be responsible to supply and equipment outside pay for the replacement of lighting ballasts and light bulbs, and fluorescent tubes in the Building (to be included in Expenses); provided, however, Tenant shall be responsible to reimburse Landlord for the cost of the Premises but exclusively serving lighting ballasts, light bulbs, and fluorescent tubes replaced in the Premises), in good order, . Landlord shall promptly complete all required repairs and repair any and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make which may result from such repairs and replacementsmaintenance. Landlord shall, and Tenant shall pay Landlord the cost thereofat its sole cost, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of also make all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point repairs to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved necessitated by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; providedLandlord, howeverLandlord’s managers, that if such contractors, employees or agents. Landlord shall make all repairs are due required to be made by it under this Lease within a reasonable time. Except in the negligence or willful misconduct event of Tenantan Emergency, Landlord shall nevertheless also make all such repairs at such times and in such a manner as to reasonably minimize inconvenience to Tenant in the conduct of its business. Landlord shall not enter the Premises for the purpose of making such repairs if the same can be made on a reasonable basis without entry of the Premises. If said repairs can be made outside of Tenant’s expensebusiness hours without substantial additional cost to Landlord, orLandlord shall do so, if covered by Landlord’s insuranceunless Tenant requests that they be made during business hours.
(b) Subject to the provisions of Section 7(a) hereof and the other provisions of this Lease, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter keep the Premises at all and every part thereof in good condition and repair, excluding (i) reasonable times wear and upon reasonable prior notice to make such repairstear, alterations(ii) damage caused by Landlord or its employees, improvements managers, agents or additions to contractor and (iii) resulting from the Premises default under this Lease by Landlord or to the Project its employees, managers, agents or to any equipment located contractor. Except as otherwise set forth in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. this Lease, Tenant hereby waives and releases its right all rights to make repairs at Landlord’s the expense under Sections 1941 and 1942 of Landlord or in lieu thereof to vacate the California Civil Code or under any similar law, statute or ordinance Premises except as provided by Law now or hereafter in effect. Tenant’s obligation hereunder All repairs made by or on behalf of Tenant shall include maintenance be made and repair of all telecommunications wire performed in such manner as Landlord may designate, by contractors or mechanics reasonably approved by Landlord and cabling in accordance with the Building’s network cablingrules and regulations relating thereto attached to this Lease as Exhibit “E” hereto (“Rules”) and all Law. Tenant shall, within ten (10) business days after completion of the applicable portion of the work, provide Landlord with unconditional lien waivers from all contractors, subcontractors and materialmen providing services or furnishing material to or for Tenant in connection with such repairs. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Premises or any part thereof and no representations respecting the condition of the Premises or the Building have been made by Landlord to Tenant except as expressly set forth in this Lease. Subject to the waiver of liability in Section 21, Tenant will pay for any repairs to the Premises or the Building made necessary by any negligence or willful misconduct of Tenant or its employees or persons permitted in the Building by Tenant, unless the same are covered by the insurance carried or required to be carried by Landlord hereunder.
Appears in 2 contracts
Sources: Lease Agreement (Rocket Companies, Inc.), Lease Agreement (Rocket Companies, Inc.)
Repairs. Tenant shallTenant, at its expense, shall perform all maintenance and repairs (including replacements) to the Premises that are not Landlord’s express responsibility hereunder, and shall keep the Premises in good condition and repair, reasonable wear and tear and damage due to Casualty or Taking excepted. Tenant’s own expense, keep maintenance and repair obligations shall include (a) all leasehold improvements in the Premises, whenever and by whomever installed or paid for, including all improvementsany Tenant Improvements, fixtures, furnishingsany Alterations (defined in Section 7.2), and systems any leasehold improvements installed pursuant to any prior lease, but excluding the Base Building (the “Leasehold Improvements”); (b) all supplemental heating, ventilation and equipment within the Premises air conditioning units, kitchens (orincluding hot water heaters, provided that Landlord provides access to dishwashers, garbage disposals, insta-hot dispensers, and plumbing) and similar facilities exclusively serving Tenant, any systems and equipment whether located inside or outside of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified whenever and by Landlord, promptly whomever installed or paid for; and adequately repair (c) all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent Lines (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenantdefined in Section 23), 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, if Tenant is in Default or in the case of an emergency, Landlord may, at its option, perform such maintenance and repairs on Tenant’s behalf, in which case Tenant shall pay Landlord, upon demand, the cost of such work plus a coordination fee equal to 5% of such cost. Landlord shall be responsible for perform all maintenance and repairs to (i) the roof and exterior walls, foundation exterior doors and roof (including roof membrane) windows of the Building, (ii) the Base Building, and (iii) the Common Areas. As used herein, “Base Building” means the structural portions of the floors Building, together with all mechanical (including HVAC), electrical, plumbing and fire/life-safety systems serving the Building in general, whether located inside or outside of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingPremises.
Appears in 2 contracts
Sources: Office Lease (Quinstreet, Inc), Office Lease (Quinstreet, Inc)
Repairs. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures, furnishings, fixtures and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)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 reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, after written notice to Tenant and Tenant’s failure to commence repair within five (5) days thereafter and to diligently pursue the same to completion (except in the event of an emergency, when no notice shall be required) but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises Landlord’s involvement with such repairs and replacements forthwith within thirty (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing 30) days after being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors floor of the Building on which the Premises is located, the systems and equipment of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 repairs, but at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs to the Premises, or repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem reasonably necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 2 contracts
Sources: Assignment of Sublease (Jaguar Animal Health, Inc.), Assignment of Sublease (Jaguar Animal Health, Inc.)
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises therein (orincluding, provided that Landlord provides access to Tenantwithout limitation, any systems plumbing fixtures and equipment outside of the Premises but such as dishwashers, garbage disposals, and insta-hot dispensers), or elsewhere exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time 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 teartear or beyond the reasonable control of Tenant (including to the extent that such repairs are required due to the negligence or willful misconduct of Landlord); provided provided, however, that if such repairs are due to the negligence or willful misconduct of Landlord, Tenant shall nevertheless make such repairs at Landlord’s expense, or, if covered by Tenant’s insurance, Landlord shall only be obligated to pay any deductible in connection therewith. Notwithstanding the foregoing, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsthat are its responsibility to repair, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such costsrepairs and replacements forthwith upon being billed for same. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve serving Tenant exclusively and only to the extent that Landlord provides access to Tenantexclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of Areas (to the Project outside the Premises and extent not exclusively leased to other tenantsserving Tenant exclusively), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 2 contracts
Sources: Sublease (Jounce Therapeutics, Inc.), Sublease (Jounce Therapeutics, Inc.)
Repairs. Tenant shallSection 7.1 Save and except for the completion of incomplete items provided for in Article II, Section 2.5 hereof, and the completion of the Deferred Maintenance Items, Tenant, at Tenant’s own its sole cost and expense, from and after the Commencement Date and throughout the term of this Lease Agreement, shall take good care of the Demised Premises and all improvements erected thereon and shall keep the Premises, including all improvements, fixtures, furnishingssame in good order and condition, and systems make and equipment within perform all necessary routine maintenance and repairs thereof, interior and exterior, structural and nonstructural, ordinary and extraordinary, foreseen and unforeseen, of every nature, kind and description. When used in this Article VII, the Premises (orterm “repairs” shall include all necessary replacements, renewals, alterations, additions and betterments. All repairs made by Tenant shall be at least equal in quality and cost to the original work. The necessity for or adequacy of repairs shall be measured by the standards which are appropriate for buildings of similar construction and class, provided that Landlord provides access Tenant shall in any event make all repairs necessary to Tenant, avoid any systems and equipment outside of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject structural damage or other damage or injury to the Building or other improvements erected on the Demised Premises. Landlord’s prior reasonable approval written consent shall be required for any Tenant repair, the cost of Landlord, and within which exceeds $15,000. Landlord shall not unreasonably withhold or delay its consent to 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; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and repair.
Section 7.2 Tenant shall pay Landlord the cost thereofput, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair keep and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and maintain all portions of the Project outside the Demised Premises and not exclusively leased to other tenantsthe parking areas, except to sidewalks, curbs, entrances, passageways and all areas adjoining the extent that such repairs are same, in a clean and orderly condition, free of dirt, rubbish, snow, ice and unlawful obstructions.
Section 7.3 Other than warranty work required due to by law, and once the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of TenantImprovements and Deferred Maintenance Items have been completed, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to furnish any services or facilities or to make such repairsany repairs or alterations in, alterationsabout, improvements or additions to the Premises or to the Project Demised Premises or any improvements erected thereon. After completion of the Improvements and the Deferred Maintenance Items, Tenant hereby assumes the full and sole responsibility for the condition, operation, repair, replacement, maintenance and management of the Demised Premises and improvements thereon.
Section 7.4 Tenant shall not do or suffer to be done any waste or damage, disfigurement or injury to the Demised Premises, or any improvements erected thereon, or to the fixtures or equipment therein, or permit or suffer to occur any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 overloading of the California Civil Code floors or under other use of the improvements that would place an undue stress on any similar law, statute improvement or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingportion thereof beyond that for which such facility was designed.
Appears in 2 contracts
Sources: Lease Agreement (Accentia Biopharmaceuticals Inc), Lease Agreement (Biovest International Inc)
Repairs. Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishingsequipment, interior window coverings, and systems furnishings therein, and equipment within the floor or floors of the Building on which the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)is located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord's option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, 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 management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord's involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements forthwith upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenantsBuilding, 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 's expense, or, if covered by Landlord’s 's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant's use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant's use of, or access to, the Premises. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 2 contracts
Sources: Office Lease (Viking Therapeutics, Inc.), Office Lease (Affymetrix Inc)
Repairs. Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishingsequipment, window coverings, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s 's own expense, expense but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that that, at Landlord's option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord's involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements forthwith upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas(collectively, and all portions of the Project outside the Premises and not exclusively leased to other tenants"Base 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 's expense, or, if covered by Landlord’s 's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or and additions to the Premises or to the Project Building or to any equipment located in the Project Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. ; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereby waives 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 releases its right (iii) above, Landlord shall use commercially reasonable efforts to make repairs at Landlord’s expense under Sections 1941 and 1942 of not materially interfere with Tenant's use of, or access to, the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingPremises.
Appears in 2 contracts
Sources: Office Lease (Global Clean Energy Holdings, Inc.), Office Lease (Global Clean Energy Holdings, Inc.)
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishingsequipment, interior window coverings, and systems furnishings therein, and equipment within the floor or floors of the Building on which the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)is located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, 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 management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord’s involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements forthwith upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenantsBuilding, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 2 contracts
Sources: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD)
Repairs. Landlord shall at Landlord’s cost (and not included in Operating Expenses) repair and maintain the structural portions of the Building (collectively, the “Building Structure”), basic plumbing, sewer, heating, ventilating, air-conditioning, fire suppression/ sprinkler, Building security and electrical systems installed or furnished by Landlord and not located within the Premises (collectively, the “Building Systems”), unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Tenant or the “Tenant Parties.” as defined in Section 10.1, below, in which event Tenant shall pay to Landlord, as Additional Rent, the reasonable cost of such maintenance and repairs. Except as set forth in the preceding sentence. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including, without limitation, Article 8 hereof, keep the Premises, including all improvements, fixtures, furnishings, fixtures and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, . Tenant shall, at Tenant’s own expense, expense but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including, without limitation, Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances; provided, except for damage caused by ordinary wear and tear; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%) of such costs. Without limitation, Tenant shall to be responsible uniformly established for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions not to exceed 10% of the floors cost of the Buildingrepair) sufficient to reimburse Landlord for all overhead, general conditions, fees and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that costs or expenses arising from Landlord’s involvement with 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 therewithand replacements forthwith upon being billed for same. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice (provided that Landlord acts in accordance with Article 27) to make such repairs, alterations, improvements or and additions to the Premises or to the Project Building or to any equipment located in the Project Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder The Building Structure and Building Systems shall include maintenance and repair of all telecommunications wire and cabling with be collectively referred to as the “Base Building’s network cabling.”
Appears in 2 contracts
Sources: Office Lease (Spinal Elements Holdings, Inc.), Office Lease (Spinal Elements Holdings, Inc.)
Repairs. Tenant shall(a) Tenant, at Tenant’s own its expense, shall maintain and keep the Premises and each and every part thereof (except only that portion of the Premises, including if any, that Landlord expressly elects to maintain and so notifies Tenant in writing, in which case such maintenance shall be done at Tenant's expense), including, without limitation, all improvementsutility pipes and conduit, fixtures, furnishings, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time 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; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-air conditioning systems equipment exclusively serving the Premises, all signs, locks, doors, door frames, door checks, windows, window frames, storefronts, skylights and other utility services serving openings in the roof or exterior walls and floor coverings in a first class order, condition and repair and shall make replacements necessary to keep the Premises in this condition. All replacements shall be of quality equal to or exceeding that of the original. Tenant shall make any and all repairs suggested at the time of the annual maintenance/inspections. Should Tenant fail to commence these repairs and replacements or otherwise maintain the Premises within three (3) days after written demand by Landlord, or shall Tenant commence but fail to complete any repairs or replacements within a twenty (20) day period after written demand by Landlord, Landlord may make the repairs or replacements and shall be promptly reimbursed by Tenant for the cost thereof, together with interest at the maximum lawful rate from the Building connection point date of commencement of the work. Tenant shall repair promptly at its expense any damage to the Premises caused by Tenant or its agents or employees or caused by installation or removal of Tenant's personal property. Tenant shall maintain in good condition and repair the roofs and HVAC system.
(but only to b) Landlord shall maintain in good condition and repair the extent such electricalfoundations and exterior surfaces of the exterior walls of all buildings (exclusive of doors, plumbingdoor frames, heatingdoor checks, ventilating and air-conditioning systems windows, window frames, store fronts, sky lights and other utility services serve openings therein). Tenant exclusively waives the provisions of Section 1941 and only to 1942 of the extent that Landlord provides access to Tenant)Civil Code of the State of California, or any superseding statute, and of any other law permitting Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling's expense.
Appears in 2 contracts
Sources: Industrial Space Lease (Alpha Technologies Group Inc), Industrial Space Lease (Alpha Technologies Group Inc)
Repairs. Subject to Force Majeure events (as defined in Article 35(A)), Tenant shallwill, at Tenant’s its own expenseexpense and subject to the provisions of Article 8 of this Lease, keep the "Tenant Responsible Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises " (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), as defined below in this Article 7) in good order, repair and tenantable condition at all times during the Lease Term. In additionTerm of this Lease, and Tenant shallshall promptly and adequately repair all damages to the Tenant Responsible Premises (except reasonable wear and tear and as otherwise provided in Article 25 of this Lease) and replace or repair all damages or broken interior glass (including any glass demishing walls and signs thereon, at Tenant’s own expensefixtures and appurtences, but under the cited supervision and subject to with the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord. If Tenant does not do so, promptly and adequately repair all ten (10) days after written notice from Landlord (or sooner in an emergency situation or other situation giving or threatening to give rise to damage to the Premises and replace person or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periodsproperty exists), Landlord may, but need not, make such repairs or replacements and replacements, the amount paid by Landlord for such repairs and Tenant shall pay Landlord replacements (including Landlord's overhead and profit and the cost thereof, including a management fee of five percent (5%general conditions at Landlord's then published rates) of such costs. Without limitation, Tenant shall be responsible for repair deemed additional rent reserved under this Lease due and maintenance payable within thirty (30) days after delivery of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 a ▇▇▇▇ therefor by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required toso to do, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs or alterations, improvements and additions, including but not limited to ducts and all other facilities for air conditioning service, as Landlord shall deem necessary or appropriate for the safety, preservation or improvement of the Premises or the Building or any equipment located in the Building, or as Landlord may be required to do by the City of Chicago or by the order or decree of any court or by any other governmental authority, provided that Landlord gives Tenant prior notice (except in cases of an emergency) of any such repairs, alterations, improvements and additions in the Premises, and (except in cases of an emergency) so long as the performance of such work during ordinary business hours does not unreasonably interfere with Tenant's ability to conduct its business in the Premises. In the event Landlord or its agents or contractors shall elect or be required, in accordance with the preceding grammatical paragraph, to make repairs, alterations, improvements or additions to the Premises or to the Project Building or to any equipment located in the Project as Building, Landlord shall desire or deem necessary or as Landlord be allowed to take into and upon the Premises all material that may be required to do make such repairs, alterations, improvements or additions and, during the continuance of any said work, to temporarily close doors, entryways, public space and corridors in the Building and to interrupt or temporarily suspend Building services and facilities without being deemed or held guilty of eviction of Tenant or for damages for Tenant's property, business or person, and the rent reserved herein shall in no way ▇▇▇▇▇ while said repairs, alterations, improvements or additions are being made, and Tenant shall not be entitled to maintain any off-set or counterclaim for damages of any kind against Landlord by governmental reason thereof. Landlord may, at its option, make all repairs, alterations, improvements and additions in and about the Building and the Premises during ordinary business hours, so long as (except in case of an emergency) the performance of such work during ordinary business hours does not materially interfere with Tenant's access to the Premises or quasi-governmental authority Tenant's ability to conduct its business in the Premises, and if such work during ordinary business hours is not of an emergency nature and does not materially interfere with Tenant's access to the Premises or court order or decree. Tenant's ability to conduct its business in the Premises and Tenant hereby waives nonetheless desires to have the same done during any other hours Tenant shall pay for all overtime and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingadditional expenses resulting therefrom.
Appears in 2 contracts
Sources: Lease Agreement (21st Century Telecom Group Inc), Office Lease (21st Century Telecom Group Inc)
Repairs. (a) Tenant shallshall keep the Premises (including, at without limitation, all Fixtures) in good condition and, upon expiration or earlier termination of the Term, shall surrender the same to Landlord in good condition, reasonable wear and tear, damage by reason of Casualty and any other items Tenant is not expressly responsible for under this Lease excepted. Tenant’s own expenseobligation shall include, keep without limitation (and notwithstanding the provisions of Section 4.05(b) below), the obligation to repair all damage caused by Tenant, its agents, employees, invitees and licensees to the equipment and other installations in the Building outside of the Premises, including all improvements, fixtures, furnishings, it being agreed that (i) Tenant shall be obligated to repair any such damage to equipment and systems and equipment other installations within the Premises (orif such damage adversely affects any Building systems, provided that Landlord provides access to Tenantthe Building’s structural components, and/or any systems and equipment area outside of the Premises and (ii) Landlord shall have no obligation to repair any such damage within the Premises unless such repair is expressly provided to be Landlord’s responsibility under Section 4.05(b). Any maintenance, repair or replacement to the windows, 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 reasonable and without profit or ▇▇▇▇-up by Landlord or any Landlord Affiliate.
(b) Landlord, at Landlord’s expense (but exclusively serving subject to reimbursement by way of Operating Expenses to the Premisesextent includable therein), in good ordershall operate, maintain, repair and condition at replace, if necessary (i) all times during structural portions of the Lease Term. In additionBuilding, Tenant shallsuch as, at Tenant’s own expenseby way of example only, but under the supervision roof, foundation, footings, exterior walls, load-bearing columns, ceiling and subject to floor slabs, windows, window ▇▇▇▇▇ and sashes, (ii) all common and public service areas of the prior reasonable approval of LandlordBuilding, including, without limitation, any common elevators, escalators, access areas and within any reasonable period of time specified by Landlorddriveways, promptly landscaped areas and adequately repair corridors, (iii) all damage to Building systems serving the common and public service areas and the Premises and replace (iv) all fixtures located in the core restrooms (x) in the Premises or (y) which are common restrooms located on a floor of the Building only a portion which is included in the Premises, as well as the plumbing serving such core restrooms, throughout the Term, and in such a manner as is consistent with the maintenance, operation and repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tearstandards of First Class Office Buildings; provided howeverprovided, that if Tenant fails Landlord’s obligations under this Section 4.05(b) shall be limited to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacementsareas of, and Tenant shall pay Landlord the cost thereofinstallations within, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point which Tenant is entitled to use or which otherwise serve the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systemsPremises. Notwithstanding the foregoing, if any damage repaired by Landlord under this Section 4.05(b) is caused by Tenant or any of Tenant’s agents, employees, invitees and licensees, such repair 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, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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, performed by Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered which expense shall be reasonable and without profit or ▇▇▇▇-up by Landlord’s insurance, Tenant shall only be obligated to pay Landlord or any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingAffiliate.
Appears in 1 contract
Sources: Lease (Coach Inc)
Repairs. (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 Premises. Landlord shall repair, maintain and replace as necessary, as part of Operating Expenses to the extent provided in Section 7 hereof, (i) the foundation and structural elements of the Building (including structural load bearing walls and roof structure), (ii) the Building’s and Project’s Common Areas, and (iii) to the extent installed by Landlord, the base Building mechanical, utility lines, connections and meters (but expressly excluding any tenant sub-meters); provided, however, to the extent such maintenance, repairs or replacements are required as a result of any act, neglect, fault or omission of Tenant shallor 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. Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. 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 Project, Building or the Premises or in or to fixtures, appurtenances and equipment therein. Landlord shall 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 own sole cost and expense, keep manage and maintain the Premises (including all Building systems) in a first-class condition consistent with similar Class “A” buildings in Mountain View and Palo Alto and shall keep, maintain, clean, repair, renovate, retrofit, preserve and replace, as necessary, the Premises and all parts thereof, including, without limitation, plumbing/pipes and conduits at the point of entry into the Building and inside the Premises, including all improvementsHVAC systems located within the Premises, fixturesall windows, furnishingsrestrooms, ceilings, interior walls, skylights, 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 systems any Tenant Improvements and equipment within Alterations, so as to keep the Premises (orin such first class condition and repair, provided that Landlord provides access to Tenant, any systems reasonable wear and equipment outside of the Premises but exclusively serving the Premises), in good order, repair tear and condition at all times during the Lease Termcasualty damage excepted. In additionAdditionally, Tenant shallshall be responsible for the expense of installation, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlordoperation, and within any reasonable period maintenance of time specified by Landlord, promptly its telephone and adequately repair all damage other communications cabling from the point of entry into the Project to the Premises and replace throughout the Premises. Tenant shall promptly report, in writing, to Landlord any defective or repair all damageddangerous condition known to Tenant. Tenant shall maintain the Building’s structure or systems which are located in the interior of the Premises. At Landlord’s option, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to maintain the Premises or to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, perform such maintenance or make such repairs and replacementsrepairs, and in which case Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent (5%) of such costs. Without limitationthe cost thereof sufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 therewithinvolvement upon being billed for same. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions repairs and maintenance to the Premises or to the Project or to any equipment located in the Project Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. To the fullest extent permitted by Law, Tenant hereby waives and releases its right all rights to make repairs at Landlord’s the expense under Sections 1941 and 1942 of Landlord or in lieu thereof to vacate the California Civil Code or under Premises as may be provided by any similar law, statute 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.
(c) Tenant shall, at Tenant’s obligation hereunder 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 Building and solely servicing 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 all telecommunications wire Landlord, then at any time following ten (10) Business Days from the date on which Landlord makes a written demand on Tenant to effect such repair and cabling with maintenance, Landlord may (i) enter upon the BuildingPremises and perform such maintenance and/or make such repairs, and upon completion thereof, Tenant agrees to pay to Landlord as Additional Rental, Landlord’s network cablingcosts for making such repairs plus ten percent (10%) of such costs for overhead, within ten (10) days after receipt from Landlord of a written itemized bill ▇▇▇refor, or (ii) take over Tenant’s repair obligations for the remainder of the Term (including any Option Term), and include the cost of same in Operating Expenses. Any amounts not reimbursed by Tenant within the aforementioned ten (10) Business Day period will bear interest at the Interest Rate until paid by Tenant.
Appears in 1 contract
Sources: Lease Agreement (Lifelock, Inc.)
Repairs. Tenant agrees at all times from and after delivery of possession of the Premises to Tenant, and at its own cost and expense, to repair and maintain the Premises and every part thereof in good and tenable condition including, but not limited to, floor coverings, utility meters, pipes and conduits exclusively serving the Premises, all fixtures, heating and air conditioning equipment and ducting installed by Landlord in the Premises, and all other equipment therein, the storefront or storefronts including plate glass, all Tenant's signs and signage, locks and closing devices, and all window sash, casement or frames, doors and door frames, ceilings, ceiling tiles and lighting, and all items of repair, maintenance and improvement or reconstruction as may at any time or from time to time be required with respect to the Premises by any governmental agency having jurisdiction, but excluding the roof structure, exterior walls, structural portions of the Premises and structural floor, which are the sole responsibility of the Landlord, unless the same are required to be modified because of Tenant's use of the Premises or Tenant's alterations, improvements, additions, fixtures or personal property. Tenant agrees to operate the air conditioning equipment serving the Premises during all business hours so that inside temperatures of the Premises are maintained within a range in which a majority of adults will be comfortable in the Premises. All glass, both exterior and interior, shall be maintained at Tenant's sole cost and expense, and any glass broken shall be promptly replaced by Tenant with glass of the same kind, size and quality. Tenant's failure to replace broken glass within seventy-two (72) hours following the occurrence of the breakage, or the failure by Tenant to replace same with glass of the same kind, size and quality, shall constitute a breach hereof which shall, at Tenant’s own expenseLandlord's sole and arbitrary discretion, keep entitle Landlord to exercise any and all rights herein and any and all legal and equitable rights available to Landlord in connection therewith. The foregoing notwithstanding, Tenant shall not be permitted to (i) go onto the roof of the Premises without Landlord's prior written approval, (ii) penetrate the roof membrane without Landlord's prior approval and, upon obtaining such approval, only by using Landlord's approved roofing contractor, or (iii) make any repairs to the structural portion of the building or to any common building systems. If ▇▇▇▇▇▇ refuses or neglects to make repairs and/or maintain the Premises, or any portion thereof, including all improvements▇▇▇▇▇▇'s storefront(s), fixturesin a manner reasonably satisfactory to Landlord, furnishingsLandlord shall have the right, upon giving Tenant written notice of its election to do so, to make such repairs or perform such maintenance on behalf of and for the account of Tenant. In such event, the cost of such work shall be paid by Tenant promptly upon receipt of bills therefor. Failure of Tenant to pay any of said charges within ten (10) days of receipt of bills therefor shall constitute a default hereunder. Upon any surrender of the Premises, ▇▇▇▇▇▇ shall deliver the Premises to Landlord, upon the expiration or earlier termination of this Lease, in good order, condition and state of repair, ordinary wear and tear excepted, and excepting such items of repair as may be Landlord's obligation hereunder. Moreover, in the event that ▇▇▇▇▇▇ has signage rights on the Building under this Lease, then, upon any surrender of the Premises, Tenant shall also remove any such signage and deliver such portion of the Building to Landlord in its/their original condition. Air Cargo Lease A-Mark 2014 - 14 - Notwithstanding any provision of this Lease to the contrary, Tenant shall keep in good order and repair all heating and air conditioning equipment for the Premises. ▇▇▇▇▇▇ agrees to enter into a regularly scheduled preventative maintenance/service contract (the "Service Contract") on or before the Lease Commencement Date with a maintenance contractor selected by Landlord, for the servicing of all heating and air conditioning systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and Premises. The Service Contract shall include all scheduled maintenance as recommended by the equipment outside of manufacturer as set forth in the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time 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; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and operation/maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systemsmanual. Notwithstanding the foregoing, Landlord may (but shall not be responsible obligated to) elect to maintain and/or service the heating and air conditioning equipment serving the Premises, in which event, Tenant shall pay to Landlord all costs and expenses for repairs the repair, maintenance and replacement of all heating and air conditioning equipment for the Premises. If Landlord shall so elect to maintain the heating and air condition equipment serving the Premises, then, at Landlord's option, commencing on the Lease Commencement Date and thereafter on the first (1st) day of each calendar month of the Lease Term, Tenant shall pay to Landlord one-twelfth (1/12) of an amount estimated by Landlord to be Tenant's share of such heating and air conditioning expenses for the ensuing calendar year or balance thereof (including reasonable reserves). On or before April 1 of each calendar year, or as soon thereafter as practicable, Landlord shall furnish Tenant a statement covering the preceding calendar year and the payments made by Tenant with respect to such calendar year as set forth above. If Tenant's share of such heating and air conditioning expenses exceeds Tenant's payments so made, Tenant shall pay Landlord the deficiency within ten (10) days after receipt of Landlord's statement. If ▇▇▇▇▇▇'s payments exceed ▇▇▇▇▇▇'s share of such heating and air conditioning expenses, Landlord shall have the option of (i) paying such excess to Tenant upon Landlord's delivery of such statement; or (ii) allowing Tenant to credit the excess against payments next thereafter to become due to Landlord for such expenses as set forth above. Failure of Tenant to pay any of the charges required by this Section to be paid when due shall constitute a material default under the terms of this Lease. Expenses incurred in connection with the operation, maintenance, repair and replacement of heating and air conditioning equipment by the party performing same shall include, but not be limited to, all sums expended in connection with such heating and air conditioning equipment for all general maintenance, lubrication and/or adjustments, cleaning and/or replacing filters, replacing belts, repairing and/or replacing worn out parts, repairing and/or replacing utilities, duct work and machinery, maintenance and insurance contracts carried on the heating and air conditioning equipment, and all other items of expense incurred by such party in connection with the operation, maintenance, repair and replacement of the heating and air conditioning equipment. Landlord shall maintain and repair, or cause to be repaired and maintained, in good condition and repair, the Common Areas of the Project and the foundations, exterior structural walls, foundation and structural roof (including roof membrane) of the Building; provided, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such maintenance and repairs are required due to caused by the negligence negligence, willful misconduct, or willful misconduct breach of Tenant; providedthis Lease by Tenant or its employees, howeveragents, that if such repairs are due to the negligence representatives, contractors, or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insuranceinvitees, Tenant shall only be obligated pay to pay any deductible in connection therewith. Subject Landlord as Additional Rent the reasonable cost of such maintenance and repairs plus a reasonable percentage not to exceed fifteen percent (15%) of the terms of Article 27costs thereof to reimburse Landlord for all overhead, belowgeneral conditions, Landlord mayfees, but shall not be required to, enter and other costs or expenses arising from Landlord's involvement with such repairs and replacements within five (5) days after being billed for the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decreesame. Tenant hereby waives and releases its right to make repairs at Landlord’s 's expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder There shall include maintenance be no abatement of Rent and repair no liability of all telecommunications wire Landlord by reason of any injury to or interference with ▇▇▇▇▇▇'s business arising from the making of or failure to make any repairs, alterations, or improvements in or to any portion of the Project or the Premises or in or to fixtures, appurtenances, and cabling with the Building’s network cabling.equipment therein. Air Cargo Lease A-Mark 2014 - 15 -
Appears in 1 contract
Sources: Air Cargo Center Lease (A-Mark Precious Metals, Inc.)
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), 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 Project Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant’s use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance carries or required to be carried by Landlord pursuant to Article 10 and to which the waiver of subrogation is applicable (such obligation to the extent applicable to Tenant as qualified and conditioned will hereinafter be defined as the “BS/BS Exception”). Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishingsfixtures and furnishings therein, and systems and equipment within the floor or floors of the Building on which the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving 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 reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, but such obligation shall not extend to the Building Structure and the Building Systems except pursuant to the BS/BS Exception, and/or (iii) for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, 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 management fee percentage of five percent the cost thereof (5%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) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses paid to third parties arising from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts Landlord’s involvement with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 therewithand replacements forthwith upon being billed for same. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may *** Confidential portions of this document have been redacted and filed separately with the Commission. be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Repairs. (a) Notwithstanding anything contained herein to the contrary, during the term hereof, Tenant shall, at Tenant’s own expense, keep shall make all non-structural repairs required to maintain the Premises, including all improvements, fixtures, furnishings, interior of the demised premises in good order and systems and equipment within the Premises (or, provided that condition. Landlord provides access shall not be liable to Tenant, or any systems and equipment outside other occupant of the Premises but exclusively serving demised premises, for the Premises)damages resulting from any failure by Tenant to repair or maintain the demised premises as required by Tenant by this paragraph. Landlord shall not be obligated to perform any repairs or maintenance upon the demised premised, other than structural repairs which are not caused or necessitated by the act or negligence or Tenant, its agents, contractors, servants, employees, licensees or invitee.
(b) Tenant covenants that no waste shall be committed or suffered upon or to the demised premises, including the exterior and agrees, at its own cost and expense, to repair and maintain the demised premises, including taking care of graffiti and all fixtures, appurtenances, alterations, additions and improvements in and to the demised premises in good order, repair order and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereofcondition, including a management fee of five percent without limitation all doors, windows, window glass, floor covering and interior wall, as well as the plumbing, heating, electrical facilities and appliances in or on the demised premises.
(5%c) of such costs. Without limitation, Tenant shall be responsible for repair keeping the demised premises and maintenance its adjacent sidewalks and parking lot, if any, clean and frees of all electricaldebris, plumbingsnow and ice, heating, ventilating and air-conditioning systems and other utility services serving etc.
(d) In the Premises from event Tenant shall fail to make the Building connection point necessary repairs to the Premises (but only to demised premises as required by this Lease, or maintain the extent such electricaldemised premises as required by this lease, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent then in that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoingevent, Landlord shall be responsible for repairs to have 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, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 mayright, but shall not be required toobligated, enter to come upon the Premises at all reasonable times and upon reasonable prior notice demised premises to make such repairs, alterations, improvements or additions repairs and/or maintenance and charge the cost thereof to tenant together with the Premises or to charge for its services for having performed the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 work on behalf of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effecttenant. Tenant’s obligation hereunder Such costs and charges shall include maintenance be deemed additional rent and repair of all telecommunications wire and cabling shall be due with the Building’s network cablingnext installment of rent due thereafter. Any such performance by Landlord on behalf of Tenant shall not be deemed a waiver by Landlord of such default by Tenant.
Appears in 1 contract
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishingsequipment, window coverings, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)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 reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear, or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair or commence and diligently proceed to repair within ten (10) days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five the cost thereof (to be uniformly established for the Building and not to exceed seven percent (57%)) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord’s involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements forthwith upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for (i) maintaining the Building Common Areas in a manner consistent with the character of the Building as a first-class office building, and (ii) repairs to the exterior windows, walls, floor slabs, 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 including without limitation (except as expressly provided to the contrary herein) all mechanical, electrical, plumbing and HVAC of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenantsBuilding, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project Building or to any equipment located in the Project Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to provide reasonable notice and to not materially interfere with Tenant’s use of, or access to, the Premises. If Landlord fails to make such repair, Tenant may, after written notice to Landlord and Landlord’s failure to repair or commence to repair within ten (10) business days thereafter, but need not, make such repairs and replacements, and Landlord shall pay Tenant the cost thereof upon being billed for same. If Landlord’s failure to perform such required repair makes the Premises unfit for the Permitted Use for a period continuing for one hundred eighty (180) days beyond notice to Landlord, then Tenant shall have the right to terminate this Lease upon written notice to Landlord within thirty (30) days thereafter. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Repairs. Except for any elements that ▇▇▇▇▇▇▇▇ is responsible to repair and maintain as expressly set forth below, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, fixtures and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant▇▇▇▇▇▇’s own expense, expense but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts ▇▇▇▇▇▇▇▇’s involvement with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 therewithand replacements forthwith upon being billed for same. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or and additions to the Premises or to the Project Building or to any equipment located in the Project Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Landlord shall (at Landlord’s cost and expense, but subject to inclusion in Operating Expenses to the extent permitted by Article 4 above) maintain the 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, stairwells, elevator cabs and all Common Areas and shall also maintain and repair the Systems and Equipment up to the point of exclusive service to any tenant premises (including the Premises). Notwithstanding the foregoing, if any of the foregoing repairs are necessitated by the act or omission of Tenant Parties, then the cost of such repairs, together with an administrative fee of five percent (5%) of such costs, shall be paid by Tenant to Landlord immediately following delivery of an invoice therefor; provided, however, in the case of repairs covered by Landlord’s insurance, ▇▇▇▇▇▇’s reimbursement obligation, exclusive of the administrative fee, shall not exceed the amount of Landlord’s insurance deductible and Section 10.5 shall not apply to such reimbursement obligation. Tenant hereby waives and releases its right to make repairs at Landlord’s expense and/or terminate this Lease or vacate the Premises under Sections 1941 Section 1942 and 1942 Section 1932(1) of the California Civil Code or under and any similar other California law, statute statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Office Lease (Movano Inc.)
Repairs. Tenant shallSection 1. Lessor shall keep the foundations, exterior walls (except plate glass or glass or other breakable materials used in structural portions) and roof in good repair.
Section 2. Lessor shall contract for the maintenance of the mechanical equipment and the Lessee will reimburse its pro rata share thereof. The Lessee shall replace any hot water heater as the need should arise with the same type and quality servicing the Leased Premises. The Lessor shall replace, as needed, the heating and air conditioning equipment, provided the unit has been serviced annually, and the cost of replacement shall be prorated over the warranty period for such equipment, and further prorated among the Lessee benefiting from such equipment; the result of such proration to be an annual share of cost to Lessee, and the Lessee will pay one-twelfth thereof for each month during the remaining term and renewals of this Lease.
Section 3. Lessor shall not be liable for any damage occasioned by reason of the construction of the Leased Premises, that occurs after occupancy or for failure to keep the Leased Premises in repair, unless notice of the need for repairs has been given Lessor AFTER THE SAME HAS COME TO THE EXPLICIT ATTENTION OF LESSEE, a reasonable time has elapsed and Lessor has failed to make such repairs. Lessor shall not be liable for any damage done or occasioned by or from the electrical system, the heating and/or air condition system, the plumbing and sewer system in, above, upon or about the Leased Premises nor for damage occasioned by water, snow or ice being upon or coming through the roof, trapdoor, walls, windows, doors or otherwise, except as above provided. The Lessee shall reimburse the Lessor the cost of all repairs to the Leased Premises, fixtures and appurtenances necessitated by the fault of the Lessee, its agents, employees or guests and shall reimburse the Lessor for the cost of repair, at Tenant’s own expenseor before the end of the term or sooner if so requested by Lessor, keep all injury done by the installation or removal of furniture or other property.
Section 4. Except as provided in Sections 1, 2, and 3 of this Article, Lessor shall not be obligated to make repairs, replacements or improvements of any kind upon said Leased Premises, including or any equipment facilities or fixtures therein contained, which shall at all improvements, fixtures, furnishings, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), times be kept in good order, repair and condition at in accordance with all times during the Lease Termapplicable laws, ordinances and regulations of any governmental authority having jurisdiction. In additionLessee shall permit no waste, Tenant shalldamage, at Tenant’s own expense, but under the supervision and subject or injury to the prior reasonable approval Leased Premises.
Section 5. Lessee shall forthwith at its own cost and expense replace with glass of Landlordthe same kind and quality and cracked or broken glass, including plate glass or glass or other breakable materials used in structural portions, and within any reasonable period of time specified by Landlord, promptly interior and adequately repair all damage to the Premises exterior windows and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located doors in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingLeased Premises.
Appears in 1 contract
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time 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; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenantsBuilding, 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 's expense, or, if covered by Landlord’s 's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject Tenant shall, at Tenant's own expense, pursuant to the terms of this Lease, including without limitation Article 278 hereof, belowkeep 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. In addition, Tenant shall, at Tenant's own expense, but under the supervision and subject to the prior approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by 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 required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Repairs. Tenant shall, at Tenant’s own expense, keep the PremisesPremises (and, if the Premises constitute a full floor of the Building, the restrooms located on the floor of the Building on which the Premises is located), including all improvements, fixtures, furnishings, fixtures and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, expense but under the supervision and subject to the prior reasonable written approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises (and, if the Premises constitute a full floor of the Building, the restrooms located on the floor of the Building on which the Premises is located) and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord (or Landlord’s property manager) may, but need not, make such repairs and replacements, and Tenant shall pay Landlord (or Landlord’s property manager) the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building) of such costs. Without limitationsufficient to reimburse Landlord (or Landlord’s property manager) for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts Landlord’s involvement with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 therewithand replacements forthwith upon being billed for same. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or and additions to the Premises or to the Project Building or to any equipment located in the Project Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises therein (orincluding, provided that Landlord provides access to Tenantwithout limitation, any systems plumbing fixtures and equipment outside such as dishwashers, garbage disposals, and insta-hot dispensers), and any and all equipment of Landlord’s listed on Exhibit 7 (the Premises but “Landlord Equipment”), or elsewhere exclusively serving the Premises), and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord’s involvement with such costsrepairs and replacements forthwith upon being billed for same. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve serving Tenant exclusively and only to the extent that Landlord provides access to Tenantexclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of Areas (to the Project outside the Premises and extent not exclusively leased to other tenantsserving Tenant exclusively), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Repairs. Tenant shall, at Tenant’s own expense's sole expense and in accordance with the terms of this Lease (including Article 8), keep repair and maintain in good order and condition (reasonable wear and tear excepted):
(a) The nonstructural portions of the Premises (including all Alterations, fixtures, and furnishings); and
(b) All systems and equipment that are located in and serve the Premises. Notwithstanding the foregoing, if Landlord is responsible for construction of the improvements in the Premises, including all improvements, fixtures, furnishings, and systems and equipment within Tenant shall not be responsible for the Premises (or, provided repair of any latent defects in such improvements that Landlord provides access was required to construct, to the extent that such defects existed as of the Lease Commencement Date and were of such a nature that Tenant could not normally discover them in the exercise of reasonable diligence in Tenant, any systems and equipment outside 's inspection of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during on or before the Lease TermCommencement Date. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacementsmaintenance if:
(c) Tenant fails to perform any repair and maintenance obligation within thirty (30) days after written notice by Landlord to Tenant of the need for such repairs and maintenance; or
(d) Tenant fails to commence any repair and maintenance obligation for which the reasonable completion period exceeds thirty (30) days, and to diligently prosecute this obligation to completion. Within thirty (30) days after a written demand from Landlord (including a reasonably particularized statement), Tenant shall pay Landlord the cost thereofLandlord's reasonable, including a management fee of five percent (5%) of such costs. Without limitationactual, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and airout-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and airof-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 pocket costs incurred in connection therewithwith the repairs and maintenance. Subject to the terms of Article 27, below, Landlord may, but shall not be required torequired, to enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions repairs to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 ; provided, however, that Landlord shall not unreasonably interfere with Tenant's use or quiet enjoyment of the California Civil Code Premises. Landlord shall repair and maintain in good order and condition (reasonable wear and tear excepted and unless damaged as a result of the negligence of Tenant, its employees, agents or under any similar lawcontractors) :
(a) The structural portions of the Premises, statute or ordinance now or hereafter including, without limitation, the structural elements of the Tenant Improvements, floor plates, roof and structural walls;
(b) The Building;
(c) The Building systems;
(d) The exterior portions of the Building and the Project; and
(e) All other Common Areas located in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling, or in or on the Project, including the parking facilities serving the Building. Repairs shall be made promptly when appropriate to keep the applicable portion of the Premises, Building, Project and other items in the condition described in this article. Landlord shall not be in default of its repair and maintenance obligations under this article if Landlord performs the repairs and maintenance within ten (10) days (24 hours in the event of an emergency) after written notice by Tenant to Landlord of the need for such repairs and maintenance. If, due to the nature of the particular repair or maintenance obligation, more than ten (10) days are reasonably required to complete it, Landlord shall not be in default under this article if Landlord begins work within such ten (10) day period and diligently prosecutes such work to completion within ninety (90) days following Tenant's notice. If Tenant provides notice to Landlord of an event or circumstance that requires the action of Landlord with respect to the repairs or maintenance to the Premises or the Building systems serving the Premises as set forth above, and Landlord fails to provide such action as required by the terms of this Lease within the time periods specified above, Tenant may take the required action if:
(a) Tenant delivers to Landlord an additional written notice advising Landlord that Tenant intends to take the required action if Landlord does not begin the required repair or maintenance within ten (10) days (no additional notice shall be required in the event of an emergency) after the written notice; and
(b) Landlord fails to begin the required work within this ten (10) day period. Landlord grants to Tenant a license, effective during the Term, to enter upon those portions of the Building access to which is reasonably necessary for Tenant to take such action. If such action was required under the terms of this Lease to be taken by Landlord, Tenant shall be entitled to prompt reimbursement by Landlord of Tenant's reasonable costs and expenses in taking such action plus interest at the maximum legal rate from the date these costs are incurred until the date of Landlord's repayment.
Appears in 1 contract
Sources: Office Lease (Barbeques Galore LTD)
Repairs. Tenant shallThe TENANT is responsible to promptly notify the LANDLORD of any and all repairs or potential repairs needed, at Tenant’s own expenseregardless of cause and/or extent. The LANDLORD is responsible for all repairs caused by normal wear and tear and non-TENANT- negligent mechanical failure exceeding $75.00 in cost. The TENANT is responsible for all other repairs and/or other costs associated with having a Vendor go to the property. The TENANT is also responsible for any and all repairs and/or Vendor charges which do not exceed $75.00, keep no matter the Premisescause. In the event that the repair would have cost less than $75.00, including all improvementsbut failure to repair led to subsequent damage exceeding that amount, fixtures, furnishings, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside TENANT is responsible for the full cost of the Premises but exclusively serving the Premises), in good order, said repair and condition at all times during the Lease Termsubsequent damages. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to event that the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant TENANT fails to make such repairs report any needed repair or damage within applicable notice and cure periodsTWO (2) days of occurrence, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord then the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall TENANT will be responsible for the full cost of any subsequent repair and maintenance and/or subsequent damage, injury or death caused by the failure to initially report the problem. If any repairs exceeding $75.00 are done WITHOUT the LANDLORD’s permission and/or supervision, then, at the LANDLORD’s option, the cost of all electricalsaid repairs will be totally borne by the TENANT, plumbing, heating, ventilating and air-conditioning systems regardless of the type or extent of the repairs. The toilets and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating water and air-conditioning systems sewer apparatus and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 fixtures shall not be required used for purposes other than for which they were intended. No sweepings, rags, disposable diapers, sanitary napkins or other improper articles shall be discarded therein. The cost of repairing any damage resulting from misuse or neglect by the TENANT shall be borne COMPLETELY by the TENANT. The LANDLORD reserves the right to select repair person(s) to repair all damages. TENANT Initials: The LANDLORD reserves the right to perform periodic inspections of the property. Appropriate notice will be given for such inspection, usually at least 24 hours. Failure to allow such inspections will result in TENANT DEFAULT. If an inspection uncovers problems including, but not limited to, enter the Premises at all reasonable times and upon reasonable prior notice to make such unreported pets, unreported additional occupants, unreported needed repairs, alterationsdamages beyond normal wear-and-tear, improvements or additions to the Premises or to the Project or to observance of any equipment located situation that is in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 violation of the California Civil Code or under any similar lawlease, statute or ordinance now or hereafter etc., then the TENANT may receive a 7-DAY NOTICE TO CURE (that is, to correct the situation). Failure to CURE will result in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingTENANT DEFAULT.
Appears in 1 contract
Sources: Real Estate Purchase Agreement
Repairs. Landlord shall repair and maintain the structural portions of the Building, including the basic plumbing, heating, ventilating, air-conditioning and electrical systems installed or furnished by Landlord and not located within the Premises, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Tenant or the "Tenant Parties," as that term is defined in SECTION 10.1, below, in which event Tenant shall pay to Landlord, as Additional Rent, the reasonable cost of such maintenance and repairs. Tenant shall, at Tenant’s 's own expense, pursuant to the terms of this Lease, including without limitation ARTICLE 8 hereof, keep the Premises, including all improvements, fixtures, furnishings, fixtures and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s 's own expense, expense but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation ARTICLE 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that that, at Landlord's option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts Landlord's involvement with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 therewithand replacements forthwith upon being billed for same. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or and additions to the Premises or to the Project Building or to any equipment located in the Project Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s 's expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Office Lease (Magnetek Inc)
Repairs. (i) Tenant shallwill, at Tenant’s own expense, and subject to Landlord’s compliance with its obligations in subparagraph (iii) below, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, Tenant shall promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, damaged or worn broken fixtures and appurtenances, except for damage caused under the supervision and subject to the approval of the Landlord, and within any reasonable period of time specified by ordinary wear and tear; provided however, that if the Landlord. If Tenant fails to make such repairs within applicable notice and cure periodsdoes not do so, Landlord may, upon five (5) days’ notice to Tenant or without notice in the case of emergencies, but need not, make such repairs and replacements, and Tenant shall pay Landlord the reasonable cost thereof, including a management fee of five percent forthwith upon being billed for same.
(5%ii) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or and additions to the Premises or to the Project Building or to any equipment located in the Project Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, that Landlord shall make such repairs, alterations, improvements and additions with minimal interference with Tenant’s use of the Premises and Landlord shall leave the portion of the Premises affected by such work in broom-clean condition upon the completion of such work. Tenant hereby waives and releases its right To the extent possible, Landlord will cause any unusually disruptive activities to make repairs be conducted outside of normal business hours.
(iii) Landlord will, at Landlord’s expense under Sections 1941 expense, keep the Land, Building and 1942 Building systems in good order, repair and condition at all times during the Term, and Landlord shall promptly and adequately repair all damaged or broken fixtures upon thirty (30) days’ notice to Landlord or without notice in case of emergencies and without unreasonable interference to the use of the California Civil Code or under Building and other tenants, Tenant may, but need not make such repairs and replacements, and, in addition to any similar lawother remedies Tenant may have hereunder, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder Landlord shall include maintenance and repair of all telecommunications wire and cabling with reimburse Tenant for the Building’s network cablingreasonable cost thereof, forthwith upon being billed for same.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Repairs. Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishingsfixtures and furnishings therein, and systems and equipment within the non-structural floor or floors of the Building in which the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, appurtenances caused by Tenant's use of the Premises except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly, nondiscriminatorily, and reasonably 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 control of such costs. Without limitation, Tenant shall be responsible repairs and replacements forthwith upon being billed for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for compliance with the American Disabilities Act with respect to the portions of the Building and Project located outside of the perimeter of the Premises, and Tenant shall be responsible for compliance with such Act during the term of the Lease to the extent of its applications to the area located within the perimeter of the Premises, unless any noncompliance with such Act within the Premises is a condition which existed due to the design and construction of the "Base, Shell and Core" as defined in Section 1.1 of EXHIBIT B to this Lease. Landlord shall also 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 AreasBuilding, and all portions the landscaping, walkways, driveways and parking areas of the Project outside the Premises and not exclusively leased to other tenantsProject, 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 '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 limitations of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or reasonably deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar lawTENANT HEREBY WAIVES ANY AND ALL RIGHTS UNDER AND BENEFITS OF ARIZONA REVISED STATUTES SECTION 33-343 OR UNDER ANY SIMILAR LAW, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingSTATUTE, OR ORDINANCE NOW OR HEREAFTER IN EFFECT.
Appears in 1 contract
Sources: Office Lease (Nextcard Inc)
Repairs. Tenant shall, at Tenant’s 's own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures, furnishings, fixtures and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord's option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord's involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements forthwith upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for maintenance, repairs and replacements 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, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 therewithBuilding. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and times, upon reasonable prior written notice, except in the event of an emergency, in which case no notice shall be required, to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Office Lease (Salon Media Group Inc)
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but or elsewhere exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time 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; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) % of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve serving Tenant exclusively and only to the extent that Landlord provides access to Tenantexclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of Areas (to the Project outside the Premises and extent not exclusively leased to other tenantsserving 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, 27 below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Lease (Conatus Pharmaceuticals Inc.)
Repairs. Tenant shall, at TenantT▇▇▇▇▇’s own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures, furnishings, fixtures and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at TenantT▇▇▇▇▇’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, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, after written notice to Tenant and Tenant’s failure to commence repair within five (5) days thereafter and to diligently pursue the same to completion (except in the event of an emergency, when no notice shall be required) but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises Landlord’s involvement with such repairs and replacements forthwith within thirty (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing 30) days after being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building Building, and the Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 repairs, but at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs to the Premises or repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem reasonably necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Office Lease (LoopNet, Inc.)
Repairs. Except for Landlord’s obligations below, Tenant shall, at Tenant’s 's own expense, keep the PremisesPremises (other than those portions of the Premises that are Landlord’s express responsibility to maintain and repair under this Lease), including all improvements, fixtures, furnishings, and systems and equipment within therein (including, without limitation, plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers) that exclusively serve the Premises, and the floor or floors of the Building on which the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)are located, in good order, repair and condition at all times during the Lease Term, except for reasonable wear and tear, casualty, and repairs that are Landlord’s express responsibility under this Lease. In addition, Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear, casualty, or beyond the reasonable control of Tenant; provided however, that that, at Landlord's option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the reasonable cost thereof, including a management fee reasonable percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises Landlord's involvement with such repairs and replacements within thirty (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing 30) days after being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs and maintenance in good order consistent with comparable class A office buildings 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 (including, without limitation, electrical, plumbing, elevator and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenantsHVAC systems), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s 's expense, or, if covered by Landlord’s 's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Section 19.5.2 and Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable {3925-00031/01363433;7} -23- SHORES CENTERSoleno Therapeutics, Inc. times and upon reasonable prior (but with not less than 24 hours’ advance notice to Tenant except in an emergency or in connection with regularly schedule maintenance) 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 reasonably necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Repairs. (a) Tenant shallshall take good care of the Demised Premises and the fixtures, appurtenances and equipment therein (collectively, "Fixtures") and at its sole cost and expense make all repairs thereto as and when needed to preserve them in good working order and condition. All damage or injury to the Demised Premises and to its Fixtures which is caused by or results from (i) moving Tenant’s own expense's property in or out of the Building, keep or (ii) the Premisesinstallation or removal of Tenant's furniture, Fixtures or other property, or (iii) the carelessness, omission, neglect, negligence, or improper conduct of Tenant or its employees, contractors, agents, licensees or invitees, shall be repaired, restored or replaced promptly by Tenant at its expense to the reasonable satisfaction of Landlord. Such repair, restoration and replacement shall be in quality and class equal to the original work or installation. If Tenant fails to make any such repair, restoration or replacement within ten (10) days after notice from Landlord (except in an emergency), then the repair, restoration and replacement may be made by Landlord at the expense of Tenant.
(b) Neither the exterior walls of the Building nor the windows and the exterior areas created by the Building set backs are part of the Demised Premises and Landlord reserves all rights to those walls, windows and setbacks, including all improvements, fixtures, furnishings, the right to enter and systems store window washing and other supplies and equipment within on the setback areas.
13.2 Landlord, as part of Expenses, will perform all necessary repairs and maintenance of all structural elements of the Building, all mechanical systems (including all HVAC and plumbing systems) serving the Demised Premises (or, provided to the extent that Landlord provides access to Tenant, any systems and equipment the same are outside of the Premises but exclusively serving Demised Premises, all walls and floors outside of the Demised Premises), all common areas of the Building and all parking facilities, necessary to maintain the same in good order, repair and condition at all times during the Lease Termfirst class condition. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and Landlord will commence repairs within any a reasonable period of time specified by Landlord, promptly and adequately repair all damage to after it is notified of the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make necessity of such repairs and replacementsshall diligently prosecute such repairs to completion. Notwithstanding the above, Landlord shall not be obligated to pay, as part of Expenses, and Tenant shall pay to Landlord the entire cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electricalmaintenance, plumbing, heating, ventilating service and air-conditioning systems and other utility services serving the Premises from repairs performed by Landlord with respect to the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required to repair damage or injury due to the carelessness, omission, neglect, negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct improper conduct of Tenant, its employees, contractors, agents, licensees or invitees.
13.3 There shall be no allowance to Tenant for diminution of rental value and no liability on the part of the Landlord shall nevertheless make such repairs at Tenant’s expenseby reason of inconvenience, orannoyance, if covered by Landlord’s insurance, Tenant shall only be obligated interruption or injury to pay any deductible in connection therewith. Subject to business arising from the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice making or failing to make such by Landlord of any repairs, alterations, additions or improvements or additions to the Premises or to the Project in or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 portion of the California Civil Code Building or under any similar lawthe Demised Premises or in or to fixtures, statute appurtenances or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingequipment thereof.
Appears in 1 contract
Sources: Lease (Panamsat Corp /New/)
Repairs. Tenant (a) Lessor shall, at Tenant’s its own cost and expense, keep maintain in good working order, condition and repair, the roof, structural elements of the floor, driveways, parking lot, foundation and exterior walls (not including doors, windows and floors), interior stress bearing walls and columns, landscaping and grounds surrounding the Premises, including all improvementsgutters, fixturesdownspouts, furnishingsconcealed and underground plumbing, sewage and systems and equipment within the Premises (orelectrical systems; however, provided that Landlord provides access Lessor shall not be obligated to Tenant, make any systems and equipment outside repairs of those portions of the Premises but exclusively serving the Premises), that it is obligated to maintain unless it shall be notified 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 Landlordwriting by Lessee, and within any Lessor shall then have a 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 tearmake such repairs; provided further, however, that if Tenant Lessee and not Lessor shall be responsible for making any such repairs occasioned by the acts of Lessee, its employees (whether or not acting within the scope of their employment), invitees, permitted assignees, permitted subtenants, or licensees. If Lessor fails to make such repairs within applicable notice and cure periodsmaintain, Landlord repair or replace the Premises as required by this paragraph 5, Lessee may, but need notupon ten (10) days prior written notice to Lessor (except no notice shall be required in the case of an emergency) perform such maintenance or repair (including replacement, make as needed) on behalf of Lessor. In such repairs and replacementscase, and Tenant Lessor shall pay Landlord the cost thereofreimburse Lessee for all reasonable, including a management fee direct costs incurred in performing such maintenance or repair promptly following receipt of five percent (5%) appropriate documentation of such costs. Without limitationLessor shall not be liable for any damage or loss occasioned by Lessor's failure to repair portions of the Premises which it has covenanted to maintain until after Lessor has received written demand from Lessee to make the repair. Lessor shall, Tenant however, indemnify and hold harmless Lessee against any and all costs, claims or liability arising from Lessor's failure to make timely repairs after receiving such written notice from Lessee.
(b) Lessee shall, at its own expense and without notice from Lessor, keep and maintain (including replacement, as needed) in good repair the entire Premises, other than those portions for which Lessor shall be responsible for repair and maintenance of all electricalas set forth above. Lessee's obligations shall extend to doors, windows, floors, interior (non-stress bearing walls, ceilings, ducts, utilities, air conditioning, heating, lighting, plate glass, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant)sprinkler system, and Tenant shall secure, pay forelectrical wiring, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for also including the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Buildingloading dock, and the base building systems cleaning, and equipment sweeping, removal of snow and ice from walks, stairs and steps, removal of trash and rubbish, etc., of those areas of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 mayunder Lessee's control, but this enumeration shall not be required totreated as a limitation of Lessee's obligations with respect to the care of the Premises.
(c) Lessee shall, enter at its own expense, promptly comply with all lawful orders, regulations, ordinances and statutes of all municipal, county, state and federal authorities affecting the Premises by virtue of Lessee's occupancy or use thereof.
(d) Lessee shall, at its own cost and expense, obtain and maintain any and all reasonable times permits and upon reasonable licenses necessary for its use of and business operations at the Premises. Lessee shall not permit, perform or carry on any practices which may cause injury or damage to the Premises, produce any objectionable or unpleasant smoke, dust gas, fumes, odors, noise or vibrations to emanate from the Premises, nor take or permit any other actions which would constitute a nuisance or menace to neighboring landowners or their tenant, as determined by a court of competent jurisdiction. Without Lessor's prior notice written consent, which shall not be unreasonably withheld, Lessee shall not receive, store or otherwise handle any product, material or merchandise which is explosive. Lessee shall not use or permit the Premises to make such repairs, alterations, improvements be used for any purpose or additions to in any manner (including without limitation any method of storage) which would render invalid Lessor's insurance on the Premises or Lessee's liability insurance for its operation on the Premises or cause the State Board of Insurance or other insurance regulatory authority to disallow any sprinkler credits. Lessee shall not use the Project or to Premises for any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingunlawful purpose.
Appears in 1 contract
Sources: Lease (United Stationers Supply Co)
Repairs. Landlord shall maintain and repair the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), stairs, parking garage, stairwells, elevator cabs, plazas, art work, sculptures, washrooms, and all common and public areas (the "BUILDING STRUCTURES"), and the mechanical, electrical, life safety, plumbing, sprinkler systems and HVAC systems which are not part of Tenant's improvements or were not originally constructed by or for the benefit of Tenant or another tenant (the "BUILDING SYSTEMS"). Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishingsfixtures and furnishings therein, and systems and equipment within the floor or floors of the Building on which the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord's option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the reasonable cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts Landlord's involvement with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 therewithand replacements forthwith upon being billed for same. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon following reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder Any repair work by Landlord pursuant to the terms of this Article 7 shall include maintenance and repair be conducted in a commercially reasonable manner so as to minimize disruption to the business of all telecommunications wire and cabling with Tenant in the Building’s network cablingPremises.
Appears in 1 contract
Sources: Office Lease (Gadzoox Networks Inc)
Repairs. Tenant shall, at Tenant’s own expense, keep the interior non-structural portions of the Premises, including all improvements, fixtures, furnishingsfixtures and furnishings therein, and systems and equipment within the floor or floors of the Building on which the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving 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 non-casualty damage to the interior non-structural portions of the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable fifteen (15) days following written notice and cure periodsthereof from Landlord, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord’s involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements forthwith upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs to and replacements of 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, and all portions of (including the Project outside Building systems serving the Premises and not exclusively leased to other tenantsPremises), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that subject to the terms of Section 10.5 below, if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Office Lease (ZS Pharma, Inc.)
Repairs. Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishingsfixtures and furnishings therein, and systems and equipment within the floor or floors (or portion thereof) of the Building on which the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord's option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereofof any repairs or replacements actually made, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord's involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements actually made upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenantsBuilding, 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 's expense, or, if covered by Landlord’s 's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Office Lease (Wageworks, Inc.)
Repairs. (a) Except as otherwise expressly provided in this Article, Tenant shallassumes full and sole responsibility for the condition, operation, repair, maintenance and management of the demised premises throughout the term of this lease (and any renewal period), except that Tenant shall not be required to make repairs resulting from fire, flood, or other casualty provided Tenant maintains the insurance required under the terms of the lease and Tenant pays over to Landlord all insurance proceeds received therefrom. Landlord shall not be required to make any repairs, alterations, replacements, changes, additions or improvements in or to the demised premises at any time during the term of this lease (and any renewal period), unless such repairs are structural in nature and provided the repair thereof is not necessitated by (i) the negligent acts or omissions of Tenant or Tenant's contractors, employees, agents, subtenants, licensees or anyone acting on Tenant's behalf or (ii) whether or not caused by Tenant's negligence, if same was caused directly or indirectly by Tenant's Work (as hereinafter defined) or Tenant's Specialty Equipment.
(b) Tenant, at Tenant’s its own cost and expense, keep shall take good care of and shall maintain the Premisesdemised premises, including all improvementsequipment, fixtures, furnishings, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time 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 and all water and sewer equipment and connections, gas pipes, wires and conduits for damage caused electricity and other utilities, in good and safe order and condition, and shall make all non-structural repairs thereto and replacements thereof, interior and exterior, ordinary and extraordinary, foreseen or unforeseen, and whether or not necessitated by ordinary wear wear, tear, obsolescence or defects, latent or otherwise, and tear; provided however, that all structural repairs if Tenant fails to make such repairs within applicable are caused or necessitated the negligent acts or omissions of Tenant or Tenant's contractors, employees, agents, subtenants, licensees or anyone acting on Tenant's behalf. If Landlord at any time shall give notice and cure periods, Landlord may, but need not, make such repairs and replacements, and to Tenant shall pay Landlord that Tenant has failed to comply in any respect with the cost thereof, including a management fee provisions of five percent (5%) of such costs. Without limitationthis Article, Tenant shall be responsible for repair and maintenance of promptly perform all electrical, plumbing, heating, ventilating and air-conditioning systems repairs and other utility services serving work specified in such notice.
(c) At the Premises end or other expiration of the term hereof, shall deliver up the rented premises in good order and condition, wear and tear from a reasonable use thereof, and damage by the elements not resulting from the Building connection point neglect of fault of the Tenant, excepted. The Tenant shall neither encumber nor obstruct the sidewalks, driveways, yards, entrances, hallways and stairs, but shall keep and maintain the same in a clean condition, free from debris, trash and refuse.
(d) Landlord shall not be required to provide any facilities, utilities or services of any kind whatsoever to or at the Premises demised premises during the term of this lease (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenantany renewal period), and Tenant shall secureprovide and pay for all of the same, pay forexcept that Landlord shall (i) provide Tenant with 24-hour per day, 7- days per week, 365-days per year access to the demised premises, (ii) clean the common areas of the building, and keep in force contracts with appropriate (iii) maintain security and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base other building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingpersonnel.
Appears in 1 contract
Sources: Lease Agreement (Equinix Inc)
Repairs. Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)fixt▇▇▇▇ ▇nd furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior reasonable approval ▇▇▇▇▇▇al 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; provided however, that that, at Landlord's option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord's involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements forthwith upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenantsBuilding, except to the extent that such repairs are required due to the negligence or willful wilful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful wilful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s 's expense, or, if covered by Landlord’s 's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s 's expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Repairs. Except to the extent that Landlord has the obligation to rebuild pursuant to Paragraph 12 hereof, Tenant shallwill, subject to Paragraph l1.A., at Tenant’s own expense, keep the Premisesperform any maintenance, including all improvements, fixtures, furnishings, repairs and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside replacements of the Premises but exclusively serving that are (i) caused by the Premises)neglect or misuse of Tenant, its employees, contractors, agents, invitees or licensees, or (ii) required to keep the floors, ceilings, walls, partitions, and other interior portions of the Premises which are not a part of the Building’s shared systems in good orderrepair and tenantable condition, reasonable wear and tear excepted. If the Tenant does not commence any such required maintenance, repair and condition at all times during or replacement within ten (10) days of the Lease Term. In additionrequest of Landlord to do so, or if after such commencement, Tenant shall, at Tenant’s own expense, but under the supervision and subject does not thereafter diligently pursue same to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periodscompletion, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof. Landlord, including a management fee as an Operating Expense (except as otherwise provided in Paragraph 5), shall keep and maintain the Building and its fixtures, appurtenances, systems and facilities serving the Premises, in good working order, condition and repair and shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the Building and the Premises, except for those repairs for which Tenant is responsible pursuant to any other provisions of five percent (5%) of such coststhis Lease. Without limitation, Tenant shall be responsible for repair and maintenance limiting the generality of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the repair and maintain, and if necessary, replace (1) building structure, foundation, roof, gutters, exterior wallswails, foundation window coverings, windows, and roof (including roof membrane) all other exterior and structural parts of the Building, the structural portions of the floors (ii) hails, stairways and entry ways, elevators and common passageways and all other common areas of the Building, (iii) elevator lobbies and restrooms on each floor of the base building Premises (provided Tenant has not hired its own janitorial contractor to perform such repair and maintenance), and (iv) all elements of the plumbing system, the sprinkler system, the light fixtures and electrical distribution system, the heating, ventilating and air conditioning system and any other of the Building’s shared systems located within the Premises. Nothing contained in this Paragraph 8 shall require Landlord to paint or decorate the Premises. If the Landlord does not commence any required maintenance, repair or replacement within thirty (30) days of the request of Tenant to do so (or in cases of emergency within twenty-four (24) hours after notice), or if after such commencement, Landlord does not thereafter diligently pursue same to completion, Tenant may, but need not, make such repairs and equipment replacements, and Landlord shall pay Tenant the cost thereof within ten (10) days after notice given from Tenant to Landlord specifying such costs. Except as expressly otherwise provided in this Lease, 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 and Common Areasor the Premises, and all portions or in or to the fixtures, equipment or appurtenances of the Project outside Building or the Premises and not exclusively leased to other tenantsPremises, except to provided that Landlord shall use due diligence with respect thereto. In case of repairs or changes which are made within the extent that Premises, unless such repairs are required due to the negligence repairs, renewals or willful misconduct of improvements can be made during business hours without material interference with Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant’s business operations, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located replacements during non-business hours, except in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 event of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingan emergency.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishingsfixtures and furnishings therein, and systems and equipment within the floor or floors of the Building on which the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)are located, in good order, repair and condition at all times during the Lease Term, reasonable wear and tear excepted. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to lo the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant or, subject to the waiver of subrogation set forth in Section 10.5 below, caused by the negligence of the Landlord or Landlord Parties (as defined in Section 10.1 below); provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, . make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord’s involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements forthwith upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, . Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building (all of which, to Landlord’s knowledge, are in good working order and Common Areas, and all portions repair as of the Project outside the Premises and not exclusively leased to other tenantsLease Commencement Date), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Office Lease (KAYAK SOFTWARE Corp)
Repairs. Tenant shall, at Tenant’s own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof, keep the Premises, including all improvements, fixtures, furnishings, fixtures and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)furnishings therein, in good the order, repair and condition received 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, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts Landlord’s involvement with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 therewithand replacements forthwith upon being billed for same. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises in accordance with Article 27, at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s Notwithstanding anything to the contrary herein, Landlord shall perform and construct, and Tenant shall have no obligation hereunder shall include maintenance and repair to perform or construct, any repair, maintenance, or improvements which are required to be treated as a “capital expenditure” under generally accepted accounting principles except to the extent the same is required due to the negligence or willful misconduct of all telecommunications wire and cabling with the Building’s network cablingTenant or its agents, employees, contractors or invitees (subject, however, to Section 10.5).
Appears in 1 contract
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishingsequipment, interior window coverings, and systems furnishings therein, and equipment within the floor or floors of the Building on which the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)is located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, after written notice to Tenant and Tenant’s failure to repair within five (5) business days thereafter, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems reasonable fees and other utility services serving the Premises reasonable costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord’s involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements forthwith upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenantsBuilding, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Sublease Agreement (Amplitude, Inc.)
Repairs. Subject to Landlord’s repair obligations and utilities and services to be provided by Landlord as set forth in this Lease, Tenant shall, at Tenant’s own expense, keep the interior of the Premises, including all tenant improvements, fixtures, furnishingsfixtures and furnishings therein, and systems and equipment within the floor or floors of the Building on which the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord’s involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements forthwith upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment and all Common Areas of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenantsBuilding, 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, orand, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Office Lease (Epicor Software Corp)
Repairs. Tenant shall(a) Borrower, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, its expense and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to without the prior reasonable approval consent of LandlordLender, and within any reasonable period of time specified by Landlordshall maintain the Property (including without limitation, promptly and adequately repair all damage to the Premises and replace or repair all damagedfor furniture, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenantequipment), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areasevery portion thereof, and all portions private roadways, sidewalks and curbs appurtenant to the Property, and which are under Borrower’s control in good order and repair whether or not the need for such repairs occurs as a result of Borrower’s use, any prior use, the elements or the age of the Project outside the Premises Property, and, with reasonable promptness, make all reasonably necessary and not exclusively leased appropriate repairs thereto of every kind and nature, including those necessary to other tenantsensure continuing compliance with all Legal Requirements, except whether interior or exterior, structural or non-structural, ordinary or extraordinary, foreseen or unforeseen or arising by reason of a condition existing prior to the extent that such Closing Date. All repairs are required due shall be at least equivalent in quality to the negligence original work. Borrower will not take or willful misconduct omit to take any action the taking or omission of which would reasonably be expected to materially impair the value or the usefulness of the Property or any part thereof or any capital improvement thereto for its primary intended use.
(b) Borrower and the Master Tenant shall collectively spend, in each calendar quarter with respect to the Facilities, the Property, the “Tenant’s Property” (as defined in the Master Lease) and all assets used in connection with the Property, an aggregate amount of at least 1% of the “Net Revenue” from the Facilities and the Property for such calendar year on installation or restoration and repair or other improvement of items, which installations, restorations and repairs and other improvements are capitalized in accordance with GAAP with an expected life of not less than three (3) years. As used in this Section 5.1.25, “Net Revenue” shall have the meaning set forth in the Master Lease as in effect on the date hereof; provided, however, that if the Borrower shall be deemed a “Tenant” and the Property shall be deemed a “Facility” with respect to such repairs are due definition. Borrower shall provide to Lender, following the negligence or willful misconduct end of Tenanteach calendar quarter, Landlord shall nevertheless make such repairs at Tenant’s expenseevidence satisfactory to Lender, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord reasonable exercise of Lender’s discretion, that the foregoing covenant in this Section 5.1.25 has been satisfied. If Borrower fails to provide evidence to Lender within sixty (60) days after written demand from Lender that the foregoing covenant has not been complied with, or Lender’s written approval, in its reasonable discretion, of a repair and maintenance program satisfactory to cure such deficiency, the same shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 deemed an Event of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingDefault.
Appears in 1 contract
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time 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; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building (including the base building plumbing, electrical and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenantsHVAC systems), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s 's expense, or, if covered by Landlord’s 's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject Tenant shall, at Tenant's own expense, pursuant to the terms of this Lease, including Article 278 hereof, belowkeep the Premises, including all improvements, fixtures, furnishings and equipment 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, pursuant to the terms of this Lease, including Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged or broken fixtures and appurtenances; provided however, that, at Landlord's option 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) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or and additions to the Premises or to the Project Building or to any equipment located in the Project Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s 's expense under Sections 1941 and 1942 of the California Civil Code Code, or under any similar law, statute statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Repairs. Tenant shall, at Tenant’s own expenseits sole cost, keep and maintain the Leased Promises and appurtenances and every part thereof (excepting exterior walls and roofs which Landlord agrees to repair) including by way of illustration and not by way, of limitation all windows (Tenant accepts premises with a broken showroom window and shall not be held liable for such repair during the term of this lease), and skylights, doors, any store front and the interior of the Leased Premises, including all improvementsplumbing, fixturesheating, furnishingsair conditioning, sewer, electrical systems and all fixtures and all other similar equipment serving the Leased Premises in good and sanitary order, condition, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Termrepair. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electricalpent control within the Leased Premises, plumbingincluding, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point but not limited to the Premises (but only to eradication of any ants or termites should infestation be observed during the extent such electricalterm of the Lease. Tenant shall, plumbingat its sole cost, heatingkeep and maintain all utilities, ventilating fixtures and air-conditioning systems and other utility services serve mechanical equipment used by Tenant exclusively and only to the extent that Landlord provides access to Tenant)in good order, condition, and repair. All windows shall be washed and cleaned as often as necessary to keep them clean and free from smudges and stains. In the event Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved fails to maintain the Leased Promises as required herein or fails to commence repairs (requested by Landlord providing for the regular maintenance of In writing) within thirty (30) days after such systems. Notwithstanding the foregoingrequest, or fails diligently to proceed thereafter to complete such repairs, Landlord shall be responsible for repairs slash have the right in order to preserve the exterior wallsLeased Premises or portion thereof and/or the appearance thereof, 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, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to or have a contractor make such repairsrepairs and charge Tenant for the cost thereof as additional rent, alterations, improvements or additions to together with interest at the Premises or to rate of twelve percent (12%) per annum from the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 date of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingmaking such payments.
Appears in 1 contract
Repairs. Landlord shall at all times during the Lease Term maintain in good operating order and keep in good repair and condition the structural portions of the Building, including, without limitation, the foundation, floor/ceiling slabs, roof, curtain wall, exterior glass and mullions, columns, beams, shafts, stairs, parking areas, landscaping, exterior Project signage, art work, sculptures, building mechanical, HVAC currently serving the Premises and HVAC subsequently installed by Landlord to serve the Premises, electrical and telephone closets, and all common and public areas, all Building systems and all capital repairs and replacements (collectively, “Building Structure”). Tenant shall, at Tenant’s 's own expense, keep the non structural portions of the Premises, including all improvements, fixtures, furnishings, fixtures and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by appurtenances ordinary wear and teartear excepted; provided however, that that, at Landlord's option, or if Tenant fails to make such repairs within or Tenant requests Landlord make such repairs, and upon prior written notice to Tenant and lapse of applicable notice and cure periodsperiod, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of the cost thereof not to exceed five percent (5%) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts Landlord's involvement with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 therewithand replacements forthwith upon being billed for same. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project Building or to any equipment located in the Project Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Office Lease (OverNear, Inc.)
Repairs. Tenant shallagrees that except as otherwise provided in this Article, at Tenant’s own expense, keep it will perform all necessary nonstructural interior repairs to the Premises, including all improvements, fixtures, furnishings, repair or replacement of damaged or broken doors and systems windows and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside routine maintenance of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time 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; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and ventilating, air-conditioning systems ("HVAC"), plumbing, gas, electrical and other utility services serving similar systems which are located in and service exclusively the Premises. Tenant shall service and maintain the HVAC by retaining a qualified contractor under a service agreement with a minimum of four (4) inspection and maintenance visits per year. Tenant further agrees that it will keep and maintain the interior of the Premises in a clean and sanitary condition. Tenant shall not be required to make any repairs which are the responsibility of Landlord pursuant to this Article or elsewhere under this Lease. Subject to the provisions and authority afforded Landlord under Article 27 herein, Landlord, at its sole cost and expense, shall make all structural repairs to the Premises, whether interior or exterior, keep the Premises watertight, and shall repair, replace and maintain in good condition the exterior of the Premises including without limitation the roof, roof membranes, walls (including the removal of efflorescence, if any), foundations, gutters, parking and drive areas, fire sprinkler system, utility lines from the Building point of connection point to the Premises (but only to the extent such electricalmain line, and downspouts. Landlord shall make all necessary replacements of obsolete or unrepairable HVAC, plumbing, heatinggas, ventilating and air-conditioning systems electrical and other utility services serve Tenant exclusively similar systems (and only components thereof) which service all or any part of the Premises, and shall make any repairs to the extent that Landlord provides access to Tenant)Premises necessitated by any neglect, and Tenant shall securefault or default of Landlord, pay forits agents, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systemsemployees or contractors. Notwithstanding the foregoingFurther, Landlord shall be responsible for indemnify, defend and hold Tenant harmless from all actual loss, damage, costs, expenses or claims (exclusive of consequential, special or punitive damages, including, without limitation, lost profits) arising or resulting from Landlord's failure to fulfill its repair obligations under this Lease. in performing its obligations under this Article or elsewhere under this Lease, Landlord shall use commercially reasonable efforts not to unreasonably interfere with Tenant's normal business operations. If Landlord fails to undertake and complete to Tenant's reasonable satisfaction the 11 repairs to the exterior walls, foundation and roof required under this Article or elsewhere under this Lease within thirty (including roof membrane30) 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, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; days after written notice from Tenant (provided, however, that Landlord shall not be deemed in default if such repairs are due repair cannot be completed within such thirty (30) day period and Landlord commences curing such default within such thirty (30) day period and thereafter diligently pursues such cure to completion within a reasonable time not to exceed sixty (60) days), then upon five (5) days' prior written notice, Tenant shall have the negligence or willful misconduct of Tenant, Landlord shall nevertheless right to make such repairs at Tenant’s expenseon behalf of Landlord and to deduct the cost thereof, orplus ten percent (10%) of such cost to cover its overhead and administrative costs, if covered from the Rent otherwise payable hereunder. Anything in this Lease to the contrary notwithstanding, Landlord agrees that in the event of an emergency which necessitates immediate maintenance, repair or replacement of items which are otherwise required by this Lease to be maintained, repaired or replaced by Landlord’s insurance, and Tenant shall only be obligated is unable to pay any deductible in connection therewith. Subject to the terms contact Landlord and advise it of Article 27, below, Landlord may, but shall not be required to, enter the Premises such emergency condition Tenant may at all reasonable times and upon reasonable prior notice its option proceed forthwith to make such repairs and pay the cost thereof. Landlord agrees to reimburse Tenant for the cost of such repairs, alterationswithin thirty (30) days of written demand. If Landlord does not so reimburse Tenant, improvements then Tenant may deduct such amount from the Rent otherwise payable hereunder. If at any time during the Lease Term any governmental agency or additions other authority with jurisdiction over the Premises requires modifications or repairs of the Premises that are attributable to Tenant's particular use of or operations within the Premises, all such modifications or repairs shall be at Tenant's sole cost and expense. If during the Lease Term any governmental agency or other authority with jurisdiction over the Premises requires modifications or repairs of the Premises that are attributable to buildings or structures similar to the one occupied by Tenant, or apply generally to retail businesses or operations (as compared with Tenant's particular business operation), then all such modifications or repairs shall be at Landlord's sole cost and expense. If Landlord does not make such modifications or repairs, then Tenant may make such modifications or repairs upon five (5) days' written prior written notice and deduct the amount expended therefor, plus ten percent (10%) of such amount for its overhead and administrative costs, from the Rent otherwise payable hereunder, Notwithstanding anything in this Lease to the contrary, in the event of any failure of Landlord to comply with the provisions of this Article or elsewhere in this Lease, and such failure materially and substantially interferes with Tenant's ability to conduct its regular and customary business in the Premises or materially and substantially impedes or materially and substantially impairs ingress to or egress from the Premises or the visibility of Tenant's storefront or blue wedge or use of the Common Areas for more than forty-eight (48) hours, Tenant may elect to terminate this Lease upon thirty (30) days' prior written notice to Landlord unless, prior to the Project or expiration of such period, Landlord has cured such default and/or Tenant shall have the right to any equipment located proportionately abate Rent und▇▇ ▇▇is Lease during such period of impairment in the Project as Landlord shall desire amount which is greater of (i) the corresponding time during which Tenant is deprived due to Landlord's failure to comply with the provisions of this Article or deem necessary those elsewhere in this Lease or as Landlord may be required (ii) an amount equal to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 the decrease in sales, if any, during such period of impairment over sales for the equivalent period of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingprior year.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (AEI Income & Growth Fund 27 LLC)
Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas (collectively, the “Building Structure”), and the Base Building mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishingsfixtures and furnishings therein, and systems and equipment within the floor or floors of the Building on which the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant▇▇▇▇▇▇’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periodsthat, Landlord mayshall have the exclusive right, at Landlord’s option, but need notnot the obligation, to make such repairs and replacements, and Tenant shall pay to Landlord the cost thereof, including a management ▇▇▇▇▇▇▇▇’s standard fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts its involvement with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; providedand replacements, 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 therewithpromptly upon being billed for same. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, Premises (including all improvements, fixturesfixtures and furnishings therein, furnishingsand, and systems and equipment to the extent within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside demising wall envelope of the Premises, the floor or floors of the Building on which the Premises but exclusively serving the Premisesare located), in good order, repair and condition at all times during the Lease Term, except for damage caused by ordinary wear and tear or, subject to the TCCs of Article 11, fire or other casualty beyond the reasonable control of Tenant. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or, subject to the TCCs of Article 11, fire or other casualty beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, 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 management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord’s involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements forthwith upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of TenantBuilding; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Repairs. a. The Tenant shallshall keep and not misuse the Premises so that they may be returned to the Landlord in good order and condition, excepting ordinary wear and tear.
b. The Landlord, at Tenant’s own expenseits sole cost, keep shall repair, replace and shall charge back to Tenant as and if allowed within Common Area Maintenance costs, the exterior and structure of the building including roof and exterior walls and any relevant improvements on lands used in connection with the Premises, including all improvementsbut not limited to ditches, fixturesdrains, furnishingssewers, utility lines, driveways, sidewalks, parking areas, lighting, landscaping and fencing, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), make all structural repairs.
c. Tenant shall keep in good order, condition and repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damagedevery part thereof, broken, or worn fixtures and appurtenances, except structural (but only to extent the need for damage structural repairs are caused by ordinary wear Tenant) and tear; provided howevernon-structural including, that if without limiting the generality of the foregoing, all plumbing, heating, air conditioning, ventilating, electrical, lighting facilities and equipment within and placed in service solely in the Premises, fixtures, walls, ceilings, floors, windows, doors, plate glass and skylights located within the Premises.
d. If Tenant fails to make such repairs within applicable notice and cure periodsperform Tenant’s obligations under this Paragraph 5, or under any other paragraph of this Lease, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent at its option (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, ) enter upon the Premises at all reasonable times and upon reasonable after ten (10) days prior written notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located Tenant (except in the Project as Landlord case of an emergency, in which case no notice shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar lawrequired), statute or ordinance now or hereafter in effect. perform such obligations on Tenant’s obligation hereunder behalf and put the same in good order, condition and repair, and the cost thereof shall include maintenance be due and repair of all telecommunications wire and cabling payable as additional rent to Landlord together with the BuildingTenant’s network cablingnext rent installment.
Appears in 1 contract
Sources: Commercial Lease Agreement
Repairs. 11.1 Tenant shall, at Tenant’s own expense, shall have the responsibility to keep and maintain the Premises, including all improvements, fixtures, furnishings, Leased Premises in a good and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside complete state of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during except for ordinary wear and tear resulting from Tenant's use and occupancy and except as otherwise provided in this Lease. Notwithstanding the Lease Termforegoing sentence to the contrary, Landlord shall be responsible at its sole cost and expense (unless such maintenance and/or repair is caused by Tenant's negligent acts) for maintenance and repair of the structural portions including without limitation footings, foundations, floor slab, structural walls, columns and beams and all roof areas of the Building including without limitation the roof membrane. Landlord shall also keep in good working order and repair the Building's systems including without limitation electrical system and plumbing systems to the point that they enter the Leased Premises, and common areas including access ways, drive ways, parking areas located on the Property. Except as otherwise provided herein, Tenant shall maintain the Leased Premises and be responsible for all repairs and replacements of every kind and character, to any plumbing fixtures, lamps and ballasts, and any hardware items necessary to preserve and maintain the Leased Premises and its appurtenances (excluding those areas for which Landlord is responsible as provided herein). In addition, Tenant shallshall replace in the Leased Premises all glass, at including plate glass, damaged or destroyed by any actions of Tenant over the Term of this Lease. All the foregoing repairs and replacements whether performed by Landlord or Tenant’s own expense, including Landlord's Work, shall (a) be performed in a good and workmanlike manner, (b) the of first-class quality, (c) not diminish the overall value of the Leased Premises, and (d) be subject to Landlord's prior written approval (except in cases of emergency), such approval not to be unreasonably delayed, conditioned, or withheld. All repairs and replacements and other property attached to or used in connection with the Leased Premises by or on behalf of Tenant (other than removable trade fixtures, furniture and equipment and those items listed on Exhibit F attached; hereto and made a part hereof (collectively, "Tenant's Personal Property.") shall become the property of Landlord without payment on the termination of this Lease. Landlord represents and warrants that all non-structural elements and the interior of the Premises, together with all electrical, plumbing and other mechanical installations therein, including, but under the supervision not limited to, heating and subject to the prior reasonable approval air conditioning equipment are in good order and repair.
11.2 Tenant will procure all necessary permits before making any repairs, installations, alterations, additions, improvements or removals. Landlord will cooperate with Tenant in obtaining such permits. Tenant will make all repairs, installations, alterations, improvements and removals in a good and workmanlike manner, in conformity with all laws, ordinances and regulations of Landlordall public authorities and all insurance inspections or rating bureaus having jurisdiction, and within any reasonable period so that the structure of time specified by Landlord, promptly and adequately the Building will not be endangered or impaired. Tenant will repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided howeveror resulting from any such repairs, that if Tenant fails to make such repairs within applicable notice and cure periodsinstallations, Landlord mayalterations, additions, improvements or removals, including, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without without limitation, the filling of holes. Tenant will pay promptly when due all charges for labor and materials in connection with any work done by Tenant on the Leased Premises so that the Property shall at all times be free of liens and shall immediately discharge any such liens filed by any contractor retained by Tenant.
11.3 Tenant shall be responsible for repair minor repairs and preventive maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services the HVAC system serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systemsLeased Premises. Notwithstanding the foregoing, The Landlord shall be responsible responsible, for any major repairs to the exterior walls, foundation (greater than $500 per occurrence) and roof (including roof membrane) capital replacement of the Building, HVAC system servicing the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingLeased Premises.
Appears in 1 contract
Sources: Commercial Lease (Suntek Corp)
Repairs. Tenant shall, at Tenant’s own expense, agrees to keep the Premises, including all improvements, fixtures, furnishingseach and every part thereof, and systems any and equipment within all appurtenances thereto save the Premises roof and exterior walls (orexcepting therefrom the interior faces thereof, any glazing, show windows, doors and other entrances, frames for any of the foregoing and storefronts) and likewise including said excepted items, in good condition and repair during the term of the Lease, ordinary wear and tear alone excepted, hereby expressly waiving all rights to make repairs as the expense of Landlord as provided for in any statute or law in effect at the time of execution of this Lease or any amendment thereof or any other statute or law which may be hereafter passed during the term of this Lease, and agrees upon the expiration of the term of this Lease or sooner termination hereof to surrender unto Landlord the premises in the same condition as received and improved by Tenant, ordinary wear and tear and damage thereto by fire, earthquake, act of God or the elements alone excepted. If Tenant fails to make said repairs in a reasonable time period and manner, Landlord may make said repairs at Tenant’s expense, provided that Landlord provides access to Tenant, any systems and equipment outside gives Tenant ten (10) days notice before the start of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time 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; provided however, that if Tenant fails to make such making repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay reimburse Landlord the cost thereofwithin ten (10) days after receipt by Tenant of a ▇▇▇▇ therefore, including a management fee of charge equal to five percent (5%) of such costs. Without limitation, Tenant shall be responsible cost for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systemsoverhead. Notwithstanding the foregoing, Landlord shall deliver the Premises in a clean broom swept condition, free of all hazardous materials and in safe and tenantable condition. Landlord shall be responsible for repairs to the exterior wallsrepair of latent defects, foundation and roof (including roof membrane) if any, in the structure 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, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Commercial Lease (Nara Bancorp Inc)
Repairs. Tenant shall, at Tenant’s own expenseits sole cost, keep and maintain the Leased Premises and appurtenances and every part thereof (excepting exterior walls and roofs Which Landlord agrees to repair) including by way of illustration and not by way of limitation all windows, and skylights, doors, any store front and the interior of the Leased Premises, including all improvementsplumbing heating, fixturesair conditioning, furnishingssewer, electrical systems and all fixtures and all other similar equipment serving the Leased Premises in good and sanitary order, condition, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Termrepair. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance all pest control within the Leased Premises, including but not limited to the eradication of all electricalany ants or termites should infestation be observed during the ten-n of the Lease. ▇▇▇▇▇▇▇▇ agrees to provide to Tenant at the commencement date of the Lease, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from a letter certifying that there are no termites present in the Building connection point to or that the Premises (but only to the extent such electricalBuilding has been treated for termites. Tenant shall, plumbingat its sole cost, heatingkeep and maintain all utilities, ventilating fixtures and air-conditioning systems and other utility services serve mechanical equipment used by Tenant exclusively and only to the extent that Landlord provides access to Tenant)in good order, condition, and repair. All windows shall be kept reasonably clean. In the event Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved fails to maintain the Leased Premises as required herein or fails to commence repairs (requested by Landlord providing for the regular maintenance of in writing) within thirty (30) days after such systems. Notwithstanding the foregoingrequest, or fails diligently to proceed thereafter to complete such repairs, Landlord shall be responsible for repairs have the right in order to preserve the exterior wallsLeased Premises or portion thereof, foundation and roof (including roof membrane) of and/or the Buildingappearance thereof, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to or have a contractor make such repairsrepairs and charge Tenant for the cost thereof as additional rent, alterations, improvements or additions to together with interest at the Premises or to rate of twelve percent (12%) per annum from the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 date of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingmaking such payments.
Appears in 1 contract
Sources: Lease Agreement (Optio Software Inc)
Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas (collectively, the “Building Structure”), and the Base Building mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than the Permitted Use. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within 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 (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable repairs, and, except in the event of an emergency, such failure continues for more than ten (10) days after Tenant’s receipt of written notice and cure periodsfrom Landlord, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts Landlord’s involvement with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 therewithand replacements forthwith upon being billed for same. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishingsfixtures and furnishings therein, and systems and equipment within the floor or floors of the Buildings on which the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)are located, in good order, repair and condition at all times during the Lease Term, normal wear and tear, damage to the Premises which would be repaired under Article 11 hereof, excepted. In addition, subject to Landlord’s repair obligations as set forth in this Article 7 and Article 11, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, 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 management fee percentage of five percent the cost thereof (5%to be uniformly established for the Buildings and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems reasonable fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord’s involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements forthwith upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation foundation, roof and roof (including roof membrane) other structural elements of the BuildingBuildings, and the structural portions of the floors of the BuildingBuildings (collectively, the “Building Structure”), and the base building systems and equipment of the Building Buildings and Common Areas, and all portions of Areas (collectively the Project outside the Premises and not exclusively leased to other tenants“Building Systems”), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Office Lease (Ixia)
Repairs. (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 Premises. Landlord shall repair, maintain and replace as necessary, (i) as part of Operating Expenses to the extent provided in Section 7 hereof, the roof structure, the elevators in the Premises and the Buildings’ and Project’s Common Areas and (ii) at Landlord’s sole cost and expense, the foundation and structural elements of the Buildings (including structural load bearing walls); provided, however, to the extent such maintenance, repairs or replacements are required as a result of any act, neglect, fault or omission of Tenant shallor any of Tenant’s agents, contractors, employees, invitees, licensees, tenants or assigns (the “Tenant’s Parties”) or because of Tenant’s specific use other than office use of or Alterations to the Premises, Tenant shall pay to Landlord, as Additional Rental, the costs of such maintenance, repairs and replacements. Landlord shall not be liable for any failure to make any such repairs, or to perform any maintenance unless such failure shall persist for an unreasonable time after written notice of the need of such repairs or maintenance is given to Landlord by Tenant. Except as expressly provided in 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 Project, the Buildings or the Premises or in or to fixtures, appurtenances and equipment therein. Landlord shall 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 own sole cost and expense, keep manage and maintain the Premises (including all Building systems to the extent located in and exclusively servicing the Premises) in a first-class condition consistent with similar Class “A” buildings in Mountain View and shall keep, maintain, clean, repair, renovate, retrofit, preserve and replace, as necessary, the Premises and all parts thereof, including, without limitation, plumbing/pipes and conduits at the point of entry into the Premises and inside the Premises, including all improvementsHVAC systems located within the Premises, fixturesall windows, furnishingsrestrooms, ceilings, interior walls, skylights, 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 systems any Tenant Improvements and equipment within Alterations, so as to keep the Premises (orin such first class condition and repair, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time 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; provided however, that if Tenant fails to make such repairs within applicable notice tear and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costscasualty damage excepted. Without limitationAdditionally, Tenant shall be responsible for repair the expense of installation, operation, and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems its telephone and other utility services serving the Premises communications cabling from the Building connection point of entry into the Project to the Premises (but only and throughout the Premises. Tenant shall at once report, in writing, to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access any defective or dangerous condition known to Tenant). To the fullest extent permitted by Law, and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right all rights to make repairs at Landlord’s the expense under Sections 1941 and 1942 of Landlord or in lieu thereof to vacate the California Civil Code or under Premises as may be provided by any similar law, statute 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.
(c) In connection with Tenant’s obligation hereunder Lease of the 301 Premises and the 321 Premises, 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; and (c) fire sprinkler and/or standpipe and hose or other automatic fire extinguishing systems, including fire alarm and/or smoke detection, 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 (a “Tenant Required Repair”), then at any time following fifteen (15) days from the date on which Landlord makes a written demand on Tenant to effect such Tenant Required Repair, if Tenant fails to commence such Tenant Required Repair within such fifteen (15) day period, Landlord may, in accordance with Section 14, enter upon the Premises and perform such Tenant Required Repair, and upon completion thereof, Tenant agrees to pay to Landlord as Additional Rental, Landlord’s costs for making such Tenant Required Repair plus five percent (5%) of such costs for overhead, within thirty (30) days after receipt from Landlord of a written itemized ▇▇▇▇ therefor. In addition, if Landlord performs Tenant Required Repairs more than three (3) times during the Lease Term, Landlord may take over Tenant’s maintenance and repair obligations for the remainder of all telecommunications wire the Lease Term (including any Option Term), and cabling include the cost of same in Operating Expenses. Any amounts not reimbursed by Tenant within the aforementioned fifteen (15) day period will bear interest at the Interest Rate until paid by Tenant.
(e) If Tenant believes that any component of Tenant Required Repairs requires replacement (as opposed to regular maintenance and repair) (“Capital Work”) and the replacement cost of such component is less than or equal to One Hundred Thousand and 00/100 Dollars ($100,000.00) (the “Tenant Capital Work Threshold”), Tenant shall promptly replace such component at its sole cost and expense. If Tenant believes Capital Work is required in excess of the Tenant Capital Work Threshold, then Tenant shall provide Landlord with notice (“Capital Work Notice”) of such requirement. Within ten (10) Business Days of receipt of a Capital Work Notice, Landlord shall either provide written notice to Tenant that it agrees with the Buildingproposed Capital Work or does not agree with the proposed Capital Work and instead believes that the component designated by Tenant should be repaired. A failure of Landlord to reply within such ten (10) Business Day period shall be deemed to be Landlord’s network cablingconfirmation that it does not agree with the proposed Capital Work and instead believes that the component designated by Tenant should be repaired. Within thirty (30) days following receipt of Landlord’s confirmation that Landlord agrees with the proposed Capital Work, Landlord shall commence the replacement or repair of the applicable Capital Work. Landlord may also initiate Capital Work without receipt of a Capital Work Notice if such Capital Work is intended to reduce Operating Expenses or is required to comply with applicable Laws first coming into effect after the Lease Commencement Date. The costs of any Capital Work completed by Landlord shall be payable by Tenant as an Operating Expense pursuant to Section 7(a)(5).
Appears in 1 contract
Sources: Lease Agreement (Atlassian Corp PLC)
Repairs. Tenant shall, at Tenant’s own expense, keep AND ALTERATIONS Landlord shall maintain the Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside structural portions of the Premises but exclusively serving Project including the Premises)foundation, in good orderfloor/ceiling slabs, roof, curtain wall, exterior glass, columns, beams, shafts, stairs, stairwells, elevator cabs and common areas and shall also maintain and repair and condition at all times during the Lease Term. In additionbasic mechanical, Tenant shallelectrical, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electricallifesafety, plumbing, sprinkler systems and heating, ventilating and air-conditioning systems (provided, however, that Landlord's obligation with respect to any such systems shall be to repair and maintain those portions of the systems located in the core of the Project or in other utility services serving areas outside of the Premises, but Tenant shall be responsible to repair and maintain any distribution of such systems throughout the Premises). Except as expressly provided as Landlord's obligation in this Article 9, Tenant shall keep the Premises from the Building connection point in good condition and repair. All damage or injury to the Premises (but only or the Project resulting from the act or negligence of Tenant, its employees, agents or visitors, guests, invitees or licensees or by the use of the Premises shall be promptly repaired by Tenant, at its sole cost and expense, to the extent such satisfaction of Landlord; provided, however, that for damage to the Project as a result of casualty or for any repairs that may impact the mechanical, electrical, plumbing, heating, ventilating and ventilation or air-conditioning systems of the Project, Landlord shall have the right (but not the obligation) to select the contractor and other utility services serve oversee all such repairs. Landlord may make any repairs which are not promptly made by Tenant exclusively after Tenant's receipt of written notice and only the reasonable opportunity of Tenant to the extent that Landlord provides access to Tenant)make said repair within five (5) business days from receipt of said written notice, and charge 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 systemscost thereof, which cost shall be paid by Tenant within five (5) days from invoice from Landlord. Notwithstanding the foregoing, Landlord Tenant shall be responsible for the design and function of all nonstandard improvements of the Premises, whether or not installed by Landlord at Tenant's request. Tenant waives all rights to make repairs at the expense of Landlord, or to deduct the cost thereof from the rent. Tenant shall make no alterations, changes or additions in or to the exterior wallsPremises (collectively, foundation and roof (including roof membrane"ALTERATIONS") of the Building, the structural portions of the floors of the Buildingwithout Landlord's prior written consent, and then only by contractors or mechanics approved by Landlord in writing and upon the base approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant shall construct such Alterations in a good and workmanlike -7- <PAGE> manner, in conformance with all applicable federal, state, county and municipal laws, rules and regulations, pursuant to a valid building systems permit, and equipment in conformance with Landlord's construction rules and regulations. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of the Building and Common Areaslien, and all portions other liability, claims and demands arising out of the Project outside any work done or material supplied to the Premises and not exclusively leased to other tenants, except by or at the request of Tenant in connection with any Alterations. Prior to the extent that such repairs are required due to the negligence or willful misconduct commencement 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 insuranceany Alterations, Tenant shall only provide Landlord with evidence that Tenant carries "Builder's All Risk" insurance in an amount approved by Landlord covering the construction of such Alterations, and such other insurance as Landlord may reasonably require, it being understood that all such Alterations shall be obligated insured by Tenant pursuant to pay any deductible in connection therewithArticle 14 of this Lease immediately upon completion thereof. Subject to the terms of Article 27, belowIn addition, Landlord may, but in its discretion, require Tenant to obtain a lien and completion bond or some alternate form of security satisfactory to Landlord in an amount sufficient to ensure the lien free completion of such Alterations and naming Landlord as a co-obligee. If permitted Alterations are made, they shall not be required tomade at Tenant's sole cost and expense and shall be and become the property of Landlord, enter the Premises at all reasonable times and upon reasonable prior except that Landlord may, by written notice to make such repairsTenant given at least thirty (30) days prior to the end of the Term, alterationsrequire Tenant at Tenant's expense to remove all partitions, improvements or additions counters, railings and other Alterations installed by Tenant, and to repair any damages to the Premises caused by such removal. Any and all costs attributable to or related to the Project or to any equipment located applicable building codes of the city in which the Project as is located (or any other authority having jurisdiction over the Project) arising from Tenants plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 9, Landlord shall desire be. entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or deem necessary or as not Tenant orders the work directly from Landlord) sufficient to compensate Landlord may for all overhead, general conditions, fees and other costs and expenses arising from Landlord's involvement with such work. The construction of initial improvements to the Premises shall be required to do governed by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 the terms of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance Tenant Work Letter and repair not the terms of all telecommunications wire and cabling with the Building’s network cablingthis Article 9.
Appears in 1 contract
Sources: Lease Agreement
Repairs. 4.01. Tenant shallshall take good care of the demised premises and the fixtures and appurtenances therein and shall promptly, at Tenant’s own its sole cost and expense, make all repairs and replacements, necessary to keep the Premisesdemised premises in good working order and condition including structural repairs when these which are made necessary by the act, including omission or negligence of Tenant or its agents or employees (subject to Section 7.05 hereof). Except as otherwise provided in Section 3.05 of this Lease,* all improvements, damage or injury to the demised premises and to its fixtures, furnishingsglass, and systems appurtenances and equipment within or to the Premises (orBuilding or to its fixtures, provided that Landlord provides access glass, appurtenances and equipment caused by the moving of Tenant's property in or out of the Building, or by the installation or use of Tenant's property, or by the use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, any systems shall be repaired, restored or replaced promptly by Tenant at its sole cost and equipment outside of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision which repairs, restorations and subject replacements shall be in quality and class equal 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 original work or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if installations. If Tenant fails to make such repairs, restorations or replacements**, same may be made by Landlord at the expense of Tenant and such expense shall be collectible as additional rent and shall be paid by Tenant within 15 days after rendition of a ▇▇▇▇ therefor. Landlord, at Landlord's expense, shall effect all necessary repairs within applicable notice and cure periodsreplacements in and to the demised premises which are not the obligation of Tenant hereunder.***
4.02. 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. Landlord certifies that the floor of the demised premises will carry 50 pounds live load per square foot of floor space and 20 pounds for partitions per square foot of floor space. If Tenant shall desire a floor load in excess of that set forth above, Landlord mayagrees (provided Landlord's architects, but need notin their sole discretion, make find that the work necessary to increase such repairs and replacements, and Tenant shall pay Landlord floor load does not adversely affect the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors structure of the Building, and further provided that such work will not interfere with the base amount or availability of any space adjoining alongside, above or below the demised premises or unreasonably interfere with the occupancy of other tenants in the Building) to strengthen and reinforce the same so as to give the live load desired provided Tenant shall submit to Landlord the plans showing the locations of and the ______________________ *** including, without limitation, any structural repair or replacement or any repair or replacement to the Building HVAC, electrical, mechanical or plumbing systems serving the demised premises, including leaks in the windows, and any repair or replacement to the exterior and public portions of the Building,**** **** provided (subject to Section 7.05 of this Lease) such repair or replacement is not made necessary by the act, omission or negligence of Tenant. ______________________ *comparable first class building systems in mid-town Manhattan. **, unless such work is required to remedy a condition that threatens the health or safety of any occupant of the demised premises, in which case Landlord shall employ so-called overtime labor to remedy such condition. desired floor live load for the areas in question and provided further that Tenant shall agree to pay for or reimburse Landlord on demand for the cost of such strengthening and reinforcement as well as any other costs to and expenses of Landlord occasioned by or resulting from such strengthening or reinforcement.
4.03. Business machines and mechanical equipment belonging to Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably 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, cold or heat. The parties hereto recognize that the operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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, demised premises. Landlord shall nevertheless make be under no obligation to endeavor to reduce such repairs at Tenant’s expensevibration, ornoise, if covered heat or cold beyond what is customary in current good building practice for a building such as One Penn Plaza.*
4.04. Except as provided in Article 25 hereof and except as otherwise 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 Landlord’s insurancereason of inconvenience, Tenant shall only be obligated annoyance or injury to pay business arising from the making of any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, additions or improvements or additions to the Premises or to the Project in or to any portion of the Building or the demised premises or in or to fixtures, appurtenances or equipment located in the Project as thereof, provided that Landlord shall desire or deem necessary or as Landlord may be required use reasonable diligence seek to do by governmental or quasi-governmental authority or court order or decreeminimize any interference with Tenant's business operations. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.understands that work will be effected on business days during normal business hours **
Appears in 1 contract
Repairs. Tenant a) Lessee hereby represents and warrants that as of the Commencement Date, the Premises and improvements thereon are structurally sound and in good repair.
b) In accordance with the terms of the Lease, Lessee, subject to the Sublessee Repairs described below, shall, at Tenant’s its own expense, keep make all (i) necessary repairs and replacement to the exterior walls; pavements, curbs and parking lots; doors and windows; roof replacements and repairs in excess of $1,000 per incident and which are not otherwise covered by Sublessee’s insurance; electrical systems; HVAC replacements and repairs in excess of $1,000 per incident and which are not otherwise covered by Sublessee’s insurance; and/or structure of the Premises, including ; (ii) all improvements, fixtures, furnishings, and systems and equipment within necessary repairs to make the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), improvements thereon structurally sound and in good order, repair repair; (iii) repairs or replacements resulting from termite infestation or damage; and condition at (iv) 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 necessary repairs to the Premises and replace or improvements thereon to repair all damaged, broken, or worn fixtures and appurtenances, except for any damage caused by ordinary Lessee or its agent (collectively the “Lessee Repairs”). Such Lessee Repairs shall be made within a reasonable time after written notice from Lessor and/or Sublessee.
c) Notwithstanding anything contained herein, Lessee, at Lessee’s sole cost and expense, shall complete the following repairs to the Premises on or before the Commencement Date, to Sublessee’s reasonable satisfaction (i) replace two toilet seats and clean all toilet bowls, (ii) replace hot water heater, (iii) repair any termite damage, if any, (iv) remove squirrels and other rodents, if any, living in attic, and (v) repair sink in break room as needed, secure handles and panels on stove in the break room, and make stove so that it will not operate.
d) Notwithstanding anything contained herein, Sublessee, at Sublessee’s sole cost and expense, shall complete the following repairs to the Premises on or about the Commencement Date, to Lessee’s reasonable satisfaction (i) level handicap ramp at the front of the Premises by putting a top coat of concrete over the existing concrete, and move one gutter down drain, (ii) remove trash and broke furniture from attic and perform general cleaning of entire Premise, (iii) kill grass and weeds growing in the cracks in the asphalt, (iv) repair sheetrock and lights over teller line, including replacing plastic light cover, (v) replace three broken and cracked windows, (vi) secure wrought iron handrail on back entrance and move one down spout, (vii) trim over-growth, remove dead plants by side entrance and replace with gravel or similar material, and remove dead scrubs and debris from yard, and (viii) paint over ceiling stains and where ceiling paint is peeling.
e) Subject to the foregoing and Sections 9 and 10 hereof, Sublessee shall, at its own expense, during the Term, be responsible for (i) all permanent, non-removable improvements or additions made by Sublessee, (ii) all interior paint, redecoration and renovation, subject to normal wear and tear; provided however, that if Tenant fails (iii) grass and landscaping as same become necessary and are required to make such repairs within applicable notice maintain the Premises in good appearance, (iv) keep sidewalks and cure periodspersonnel entranceways free from obstruction of all nature, Landlord may, but need not, make such repairs and replacementsproperly swept, and Tenant shall pay Landlord the cost thereofsnow and ice removed therefrom, including a management fee of five percent (5%v) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point necessary repairs to the Premises and improvements thereon to repair any damage caused by Sublessee or its agents, all subject to normal wear and tear for the uses permitted herein, (but only to the extent such electrical, vi) plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for (vii) all repairs to the exterior wallsroof which do not exceed $1,000 per incident or which are otherwise covered by Sublessee’s insurance, foundation (viii) HVAC repairs which do not exceed $1,000 per incident or which are otherwise covered by Sublessee’s insurance, (ix) repairs to trench in parking lot to remove standing water, (x) repairs to teller counter, (xi) seal inside wall where night drop or ATM was removed, (xii) repairs to teller pneumatic system, (xiii) clean carpets, and roof (including roof membranexiv) of repairs to outside lighting (collectively the Building“Sublessee Repairs”). During the Term, Sublessee shall maintain a HVAC system service contract, which is reasonably satisfactory to Lessee.
f) For purposes to this Section 16, the structural terms “repair” and “replacement” include the replacement of any portions of the floors Premises which have outlived their useful life during the term of the BuildingSublease. On behalf of Sublessee in making Sublessee Repairs, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 Lessee may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairsrepairs and replacements for Sublessee’s account, alterationsand the expense thereof shall constitute and be collectible as additional rent. On default of Lessee in making any Lessee Repairs, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord Sublessee may, but shall desire or deem necessary or as Landlord may not be required to, make such repairs and replacements for Lessee’s account, and in which case Sublessee may elect that the amount of such repair expenses be either (i) deducted by Sublessee from the rent hereunder after notice of such payment is given by Sublessee to do Lessee, or (ii) reimbursed to Sublessee by governmental or quasi-governmental authority or court order or decreeLessee within ten (10) days after notice of such payment is given by Sublessee to Lessee. Tenant hereby waives All repairs and releases its right to make repairs at Landlord’s expense under Sections 1941 replacements as described in this Section 16 shall be made promptly, as and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingwhen necessary.
Appears in 1 contract
Repairs. 7.01 Tenant shall take good care of the demised premises and the fixtures, equipment and appurtenances therein and shall, at Tenant’s own its sole cost and expense, keep make such repairs to the Premises, including all improvements, demised premises and the fixtures, furnishingsequipment and appurtenances therein as are necessitated by the (i) act, and systems and equipment within omission, occupancy or negligence of Tenant or Tenant's employees, contractors, invitees, licensees or other occupants of the Premises demised premises or (or, provided that Landlord provides access ii) use of the demised premises in a manner contrary to the purposes for which same are leased to Tenant, any systems as and when needed to preserve them in good working order and condition. Notwithstanding the foregoing, all damage or injury to the Building, or to its fixtures, equipment outside and appurtenances, whether requiring structural or non-structural repairs, caused by or resulting from the act, omission, occupancy or negligence of Tenant or Tenant's employees, contractors, invitees, licensees or other occupants of the Premises but exclusively serving the Premisesdemised premises, shall be repaired promptly by Tenant (or by Landlord, if a structural repair), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own 's sole cost and expense. Except as otherwise provided in Section 9.05 hereof, all damage or injury to the demised premises and to its fixtures, appurtenances and equipment or to the Building or to its fixtures, appurtenances and equipment caused by Tenant moving property into 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, but under the supervision which repairs, restorations and subject replacements shall be in quality and class equal 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 original work or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if installations. If Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and restoration or replacements, the same may be made by Landlord at the expense of Tenant and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant expense shall be responsible for repair collectible as additional rent and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the paid by Tenant within fifteen (15) days after rendition of a bill there▇▇▇. The exterior walls, foundation and roof (including roof membrane) walls of the Building, the structural portions of any window sills outs▇▇▇ ▇he windows, the floors windows, the fire stairs, utility closets and any shafts passing through the floor on which the demised premises are located 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.
7.03 Business machines and mechanical equipment used by Tenant which cause vibration, noise, cold or heat that may be transmitted to the Building structure or to any leased space to such a degree as to be reasonably 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. The parties hereto recognize that the base building systems operation of elevators, air conditioning and heating equipment will cause some vibration, noise, heat or cold which may be transmitted to other parts of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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, demised premises. Landlord shall nevertheless make be under no obligation to endeavor to reduce such repairs at Tenant’s expensevibration, ornoise, if covered heat or cold.
7.04 Except as otherwise specifically provided in this lease, there shall be no allowance to Tenant for a diminution of rental value and no liability on the part of Landlord by Landlord’s insurancereason of inconvenience, Tenant shall only be obligated annoyance or injury to pay business arising from the making of any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, additions or improvements or additions to the Premises or to the Project in or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 portion of the California Civil Code Building or under any similar lawthe demised premises or in or to fixtures, statute appurtenances or ordinance now or hereafter equipment thereof.
7.05 Landlord, at its expense, shall keep and maintain the Building and its systems and facilities serving the demised premises, in effect. Tenant’s obligation hereunder shall include maintenance good working order, condition and repair and shall make all repairs, structural and otherwise, interior and exterior, as and when needed in or about the demised premises, except for those repairs for which Tenant is responsible pursuant to any other provisions of all telecommunications wire and cabling with the Building’s network cablingthis Lease.
Appears in 1 contract
Sources: Lease Agreement (Innovo Group Inc)
Repairs. (a) Tenant shallshall take good care of the Demised Premises and the fixtures, appurtenances and equipment therein (collectively, "Fixtures"), and any supplemental HVAC system installed by Tenant, and at its sole cost and expense make all repairs thereto as and when needed to preserve them in good working order and condition. All damage or injury to the Demised Premises and to its Fixtures which is caused by or results from (i) moving Tenant’s own expense's property in or out of the Building, keep or (ii) the Premisesinstallation or removal of Tenant's furniture, Fixtures or other property, or (iii) the carelessness, omission, neglect, negligence, or improper conduct of Tenant or its employees, contractors, agents, licensees or invitees, shall be repaired, restored or replaced promptly by Tenant at its expense to the reasonable satisfaction of Landlord. Such repair, restoration and replacement shall be in quality and class equal to the original work or installation. If Tenant fails to promptly make any such repair, restoration or replacement, then the repair, restoration and replacement may be made by Landlord at the expense of Tenant (and Landlord shall provide appropriate back up therefor).
(b) Neither the exterior walls of the Building nor the windows and the exterior areas created by the Building set backs are part of the Demised Premises and Landlord reserves all rights to those walls, windows and setbacks, including the right to enter and temporarily store window washing and other supplies and equipment on the setback areas.
11.2 Landlord, as part of Expenses to the extent provided for in Section 3.1 (d) hereof, will perform all improvementsnecessary repairs, fixtures, furnishings, replacements and maintenance of (i) the Building systems and equipment within Building structural components, including the Premises (orfoundation, provided that Landlord provides access to Tenantfloor slabs, any systems roof, walls and equipment utility lines outside of the stub locations within the Demised Premises, (ii) all utility lines, pipes, ducts, conduits and the like in the Building which run through the Demised Premises but exclusively serving and service all parts of the PremisesBuilding other than the Demised Premises and all work required to keep the Demised Premises watertight (for example, the roof, gutters and downspouts), and (iii) all parking areas at the Building. Landlord will, in good ordergeneral, repair operate and condition at all times during maintain the Lease TermBuilding as a first class building in Fairfield County. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and Landlord will commence repairs within any a reasonable period of time specified by Landlord, promptly and adequately repair all damage to after it is notified of the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make necessity of such repairs and replacementsshall diligently prosecute such repairs to completion. Notwithstanding the above, Landlord shall not be obligated to pay, as part of Expenses, and Tenant shall pay to Landlord the entire cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electricalmaintenance, plumbing, heating, ventilating service and air-conditioning systems and other utility services serving the Premises from repairs performed by Landlord with respect to the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required to repair damage or injury due to the carelessness, omission, neglect, negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct improper conduct of Tenant, its employees, contractors, agents, licensees or invitees.
11.3 There shall be no allowance to Tenant for diminution of rental value and no liability on the part of the Landlord shall nevertheless make such repairs at Tenant’s expenseby reason of inconvenience, orannoyance, if covered by Landlord’s insurance, Tenant shall only be obligated interruption or injury to pay any deductible in connection therewith. Subject to business arising from the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice making or failing to make such by Landlord of any repairs, alterations, additions or improvements or additions to the Premises or to the Project in or to any portion of the Building or the Demised Premises or in or to fixtures, appurtenances or equipment located thereof, provided that in the Project as making any repairs, replacement and maintenance, Landlord shall desire exercise all reasonable efforts to minimize inconvenience to Tenant in connection therewith and no action taken by Landlord under this provision shall permanently impede access to, reduce the size or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 otherwise diminish the utility of the California Civil Code or under Demised Premises in any similar lawmaterial respect, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingincluding any services provided thereto.
Appears in 1 contract
Sources: Lease (Mercator Software Inc)
Repairs. (a) Landlord’s obligation with respect to repair as part of Basic Services shall be limited to (i) the structural portions of the Building, (ii) the exterior walls of the Building, including, without limitation, glass and glazing, (iii) the roof, (iv) mechanical, electrical, plumbing and life safety systems [except for any lavatory, shower, toilet, wash basin and kitchen facilities that serve Tenant shall, at Tenant’s own expense, keep the Premises, exclusively and any supplemental heating and air conditioning systems (including all improvements, fixtures, furnishingsplumbing connected to said facilities or systems)], and systems and equipment within (v) Common Areas. Landlord shall not be deemed to have breached any obligation with respect to the Premises (or, provided that Landlord provides access to Tenant, condition of any systems and equipment outside part of the Premises but exclusively serving the Premises), in good order, Project unless Tenant has given to Landlord written notice of any required repair and condition at all times during Landlord has not made such repair within a reasonable time following the Lease Termreceipt by Landlord of such notice. In addition, Tenant shall, at Tenant’s own expense, but under The foregoing notwithstanding: (i) Landlord shall not be required to repair damage to any of the supervision and subject foregoing to the prior reasonable approval extent caused by the acts or omissions of LandlordTenant or it agents, and within any reasonable period of time specified employees or contractors, except to the extent covered by insurance carried by Landlord, promptly ; and adequately (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 all damage that Tenant is required to the Premises perform under this Lease and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails or refuses to make perform in a timely and efficient manner. All costs incurred by Landlord in performing any such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and repair for the account of Tenant shall pay be repaid by Tenant to Landlord the cost thereofupon demand, including a management together with an administration fee of equal to five percent (5%) of such costs. Without limitationExcept as expressly provided in Paragraph 9 of this Lease, Tenant there shall be responsible for repair no abatement of Rent and maintenance no liability of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises Landlord by reason of any injury to or interference with Tenant’s business arising from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance making of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, alterations or improvements or additions to the Premises or to the Project in or to any equipment located in portion of the Project as Landlord shall desire Premises, the Building or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decreethe Project. Tenant hereby waives and releases its the right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effecteffect (including the provisions of California Civil Code Section 1942 and any successive sections or statutes of a similar nature).
(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 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 fifteen (15) days after written notice from Landlord, Landlord may at its option make such repairs or replacements, and Tenant shall upon demand pay Landlord for the cost thereof, together with an administration fee equal to five percent (5%) of such costs.
(c) Upon the expiration or earlier termination of this Lease, Tenant shall surrender the Premises in a safe, clean and neat condition, normal wear and tear excepted. Except as otherwise set forth in Paragraph 4(b) of this Lease, Tenant shall remove from the Premises all trade fixtures, furnishings and other personal property of Tenant and all computer and phone cabling and wiring installed by or on behalf of Tenant, shall repair all damage caused by such removal, and shall restore the Premises to its original condition, reasonable wear and tear excepted. In addition to all other rights Landlord may have, in the event Tenant does not so remove any such fixtures, furnishings or personal property, Tenant shall be deemed to have abandoned the same, in which case Landlord may store or dispose of the same at Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with expense, appropriate the Building’s network cablingsame for itself, and/or sell the same in its discretion.
Appears in 1 contract
Sources: Office Lease (Aethlon Medical Inc)
Repairs. (a) Tenant shall, at Tenant’s own expense, keep shall take good care of the Premises, including all improvements, premises and the fixtures, furnishingsappurtenances, equipment and systems facilities therein and equipment within shall make, as and when needed, all repairs in and about the Premises (orpremises required to keep them in good order and condition; such repairs to be equal in quality to the original work, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject shall not be obligated for structural or exterior repairs 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 building or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation systems and roof facilities of the building for the use or service of tenants generally (including roof membranethe plumbing, heating and electrical systems), other than fixtures, appurtenances, equipment and facilities in the premises, except where structural or exterior repairs or repairs to such systems and facilities are made necessary by reason of one or more of the occurrences described below in clauses (i) through (iv) of this Article THIRD (a). Should the BuildingTenant fail to repair any condition in or about the premises or the fixtures, appurtenances, equipment and facilities therein which is of such a nature that its neglect would be reasonably likely to result in damage or danger to the building, its fixtures, appurtenances, facilities and equipment, or to its occupants (of which nature the Landlord shall be the sole judge) or, in the case of repairs of any other nature, should the Tenant have failed to make the required repairs or to have begun, in good faith, the structural portions work necessary to make them within five days after notice from the Landlord of the floors condition requiring repair, then in either case, the Landlord may (but shall have no obligation to) immediately enter the premises and make the required repairs at the expense of the BuildingTenant. The Landlord may (but shall have no obligation to) make, and at the base building systems and equipment expense of the Building and Common AreasTenant, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except any repairs to the extent that such repairs building or to its fixtures, appurtenances, facilities or equipment, whether of a structural or any other nature, which are required by reason of damage or injury due (i) to the negligence or willful misconduct the improper acts of the Tenant or Tenant's employees, agents, contractors, licensees or visitors; provided, however, that if such repairs are due (ii) to the negligence moving, into or willful misconduct out of the building, of property being delivered to or taken from the premises by Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense's agents, oremployees, if covered by Landlord’s insurancecontractors, Tenant shall only be obligated to pay any deductible in connection therewith. Subject licensees or visitors; (iii) to the terms installation, repair or removal of Article 27the property of the Tenant in the premises by Tenant or Tenant's agents, belowemployees, contractors, licensees or visitors; or (iv) to the faulty operation of any machinery, equipment, or facility installed in the premises by or for the Tenant. The Tenant will pay the actual and reasonable cost of any repairs made by the Landlord pursuant to this paragraph upon presentation of bills therefor, or the Landlord may, but shall not be required toat its option, enter the Premises at all reasonable times and upon reasonable prior notice to make add such repairs, alterations, improvements or additions to the Premises or to the Project or amounts to any equipment located in installment or installments of rent due under this lease and collect the Project same as Landlord additional rent. The liability of the Tenant under this Article THIRD shall desire survive the expiration or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decreeother termination of this lease. Tenant hereby waives and releases its right to make Except for the repairs which are the Tenant's obligations under the first sentence of this Article THIRD (a), the Landlord, at Landlord’s expense under Sections 1941 's cost and 1942 expense, will, upon notice of the California Civil Code or under any similar lawneed therefor, statute or ordinance now or hereafter make the repairs required and perform all maintenance necessary to keep the building and its fixtures, appurtenances, facilities, equipment and systems (including the plumbing, heating and electrical systems) in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablinggood working order.
Appears in 1 contract
Sources: Lease (Sma Real Time Inc)
Repairs. Landlord will turn the Leased Premises over to Tenant shallin good working order. Thereafter, Landlord will be responsible for the maintenance of the roof, exterior walls and gutters, and for structural repairs, unless such repairs are caused or necessitated by Tenant, its employees, customers or contractors. Additionally, Landlord shall maintain at Tenantits expense all landscaping, driveways, parking areas and sidewalks. The Tenant is responsible for maintaining the Leased Premises, and for keeping the Leased Premises in good repair, unless such repairs are necessitated by the negligence of Landlord or his agents. The Tenant is responsible for maintaining the following items unless such repairs are caused or necessitated by the negligence of the Landlord, other tenants or the Landlord’s own expensecontractors.
(a) all interior walls, keep the Premisesfloors and ceilings.
(b) all interior glass and windows, doors, and doorframes, including all improvementsdock and garage doors, fixtures, furnishingstruck bumpers, and systems related dock devices.
(c) all electrical, lighting (including exit and equipment within emergency lighting), plumbing, sprinkler heads and lines, specifically designated for, and installed for the Leased Premises, excluding, however, all electrical and plumbing lines, pipes, wires, ducts and conduits which serve any other part of the Entire Premises (or, other than the Leased Premises; and further provided that all such systems will be turned over to Tenant in good working order. If Tenant fails to perform its obligations under this Paragraph 13 or any other provision of this Lease, Landlord provides access may at its option enter the Leased Premises after five (5) days’ prior written notice to TenantTenant (except in the case of emergency, any systems and equipment outside of the Premises but exclusively serving the Premisesin which case no notice shall be required), perform such obligations on Tenant’s behalf and put the Leased Premises in good order, repair condition and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Buildingrepair, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased cost thereof shall be due as additional rent to other tenants, 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 together with Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingnext rental installment.
Appears in 1 contract
Sources: Lease Agreement (AtriCure, Inc.)
Repairs. Tenant shall, at Tenant’s own expense, keep In the event of a fire or other casualty in the Leased Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time 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; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point immediately give notice thereof to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systemsLandlord. Notwithstanding the foregoingExcept as otherwise provided below, Landlord shall be responsible for use commercially reasonable efforts after receipt of insurance proceeds to cause the necessary repairs to the exterior walls, foundation Leases Premises to be made with due diligence 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, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenantreasonable dispatch; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required toto repair or replace furnishings, enter furniture, or other personal property which Tenant may be entitled to remove from the Leased Premises at all or any property improvement constructed and installed by or for Tenant other than what was originally built by Landlord as part of Landlord's Work or Additional Work. Subject to Landlord receiving insurance proceeds, Landlord shall undertake reasonable times and upon reasonable prior notice efforts to make such repairs, alterations, improvements or additions commence the required repairs to the Leased Premises within thirty (30) days following the date of the casualty or other damage and thereafter prosecute the repairs with due diligence and reasonable dispatch. If the Building, or any portion thereof, shall be partially destroyed by fire or other casualty so as to render the Project Building, or any portion thereof, untenantable and such portion is not occupied and used by Tenant, the rent shall proportionately abate thereafter until such time as the Leased Premises, or any port▇▇▇ ▇hereof, are made tenantable; provided, however, there shall be no abatement of rent and/or any abatement of rental shall cease as to any equipment located portion of the Building actually used by Tenant. If Landlord has elected to repair and reconstruct the Building, which election and notice of such election to Tenant must occur within thirty (30) days after the date of the casualty (or within sixty (60) days after such casualty if the event causes 50% or more of the Building to be untenantable), this Lease shall continue in full force and effect and such repairs will be made as soon as reasonably practicable thereafter, but not later than one hundred and eighty (180) days after the Project as date of the casualty or other damage, subject to Excusable Delays; provided, however, that Landlord shall desire use reasonable efforts to not unreasonably interfere with Tenant's use and occupancy of any portion of the Leased Premises not destroyed or deem necessary or damaged. Except as otherwise expressly provided above, in no event shall Landlord may be required to do by governmental commence the restoration or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 repair of the California Civil Code Building until Landlord receives the insurance proceeds therefor. No damages, compensation, or under claims shall be payable by Landlord for any similar lawinconvenience, statute loss of business, or ordinance now or hereafter annoyance arising from such repair and reconstruction. In the event full use and occupancy can be restored within 180 days of the Casualty, and provided the casualty occurs in effect. Tenant’s obligation hereunder the first seven (7) years of the Term, the Term of this Lease shall include maintenance be extended by a period of time equal to the period of such repair and repair of all telecommunications wire and cabling with the Building’s network cablingreconstruction.
Appears in 1 contract
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but or elsewhere exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlordtime, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) % of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve serving Tenant exclusively and only to the extent that Landlord provides access to Tenantexclusively), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of Areas (to the Project outside the Premises and extent not exclusively leased to other tenantsserving 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, 27 below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall reasonably desire or deem necessary or as Landlord may be required to do by governmental or quasi-quasi- governmental authority or court order or decree. Tenant hereby waives Landlord shall comply with all reasonable and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.nondiscriminatory
Appears in 1 contract
Sources: Lease (Organovo Holdings, Inc.)
Repairs. Subject to the express terms and conditions of Articles 11 and 13 and Landlord’s maintenance obligations, as specified in the Lease, Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises therein (orincluding, provided that Landlord provides access to Tenantwithout limitation, any systems plumbing fixtures and equipment outside of the Premises but exclusively serving such as dishwashers, garbage disposals, and insta-hot dispensers, and all other non-standard mechanical systems or equipment in the Premises), and the non-structural portions of the floor or floors of the Building within the Premises, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time 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, casualty damage which is not required to be restored by Tenant under Article 11, or damage caused by condemnation or otherwise beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management together with an administrative fee of five equal to ten percent (510%) of the cost thereof, within ten (10) business days after being billed for same, which ▇▇▇▇ shall be accompanied by reasonable back-up information to substantiate such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs and replacements to the exterior walls, foundation foundation, HVAC systems and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building Base Building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenantsequipment, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant, except casualty damage which is not required to be restored by Tenant under Article 11, or damage caused by condemnation; provided, however, subject to the express terms and conditions of Article 11, that if such repairs are due to the negligence or willful misconduct of Tenant, or excessive, overloading, negligent or improper use of any Building system, facility or equipment by 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 compliance with any commercially reasonable requirements of HIPAA as set forth in Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice times, accompanied by an HDI employee if one is provided, to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right any and all rights it may have at law or in equity to make repairs at the expense of Landlord’s expense under Sections 1941 and 1942 , except as otherwise expressly set forth in Section 29.37. Landlord shall not be liable to Tenant for failure to make repairs as herein required unless Tenant has previously notified Landlord of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. need for such repairs and Landlord has failed to commence and complete said repairs within a reasonable period following receipt of Tenant’s obligation hereunder notification. Notwithstanding the foregoing, during the Latent Defect Period, Landlord, at its cost and not as part of the Operating Expenses, shall include maintenance promptly repair, restore or replace all latent defects in the Building upon the terms and repair conditions set forth in Section 1.1.1. If any mold or mold-causing condition is caused within the Premises due to the negligence, willful misconduct or breach of all telecommunications wire this Lease on the part Tenant or any of its agents, employees or contractors, and cabling Tenant fails to remediate such condition promptly upon notice from Landlord, then Landlord shall have the right to remediate the same at Tenant’s cost, together with the Building’s network cablinga ten percent (10%) administration fee as set forth above.
Appears in 1 contract
Sources: Office Lease (HMS Holdings Corp)
Repairs. Tenant shallIf this Lease is not terminated as provided above, at Tenant’s own expenseit shall continue in full force and effect, keep and Landlord shall promptly and diligently, subject to reasonable delays for insurance adjustment, and subject to all other terms of this Article, restore the Premises, including all improvements, fixtures, furnishings, the Common Areas and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside portions of the Premises but exclusively Project serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under not any Tenant Improvements or Alterations. Further, if any Landlord Work included any above-Building standard improvements and the supervision and subject restoration of such above-Building standard improvements is not covered by the insurance proceeds received by Landlord, the cost of the restoration of such above-Building standard improvements 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 prior reasonable approval casualty, except for modifications (a) required by Law; (b) required by the holder of a mortgage on the Building, or the lessor of a ground or underlying lease with respect to the Property; or (c) to the Common Areas reasonably deemed desirable by Landlord, and within any reasonable period which are consistent with the character of time specified by Landlord, promptly and adequately repair all damage the Project. No such modifications shall materially impair access to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord any Common Areas serving the cost thereof, including a management fee of five percent (5%) of such costsPremises. Without limitation, Tenant shall be responsible responsible, at its sole cost and expense, for repair and maintenance of all electricalthe repair, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant)restoration, and replacement of the Tenant shall secureImprovements, pay for, any Alterations and keep in force contracts with appropriate and reputable service companies Tenant’s Property as soon as reasonably approved by Landlord providing for the regular maintenance possible following completely of such systemsLandlord’s repairs. Notwithstanding the foregoing, Landlord shall not be responsible liable for repairs to any loss of business, inconvenience, or annoyance arising from any casualty or any repair or restoration of any portion of the exterior wallsPremises, 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, and all portions of or the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct as a result 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 any damage from any casualty. All work by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject subject to the terms and conditions of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling11.
Appears in 1 contract
Repairs. Tenant shall, at Tenant’s 's own expense, keep or cause to be kept the Premises, including all improvements, fixtures, furnishings, fixtures and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)furnishings therein, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that that, at Landlord's option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord's involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements forthwith upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenantsBuilding, 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 's expense, or, if covered by Landlord’s 's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s 's expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Repairs. Landlord shall at all times during the Lease Term maintain in good condition and operating order the structural portions of the Building, including, without limitation, the foundation, floor slabs, ceilings, roof, columns, beams, shafts, stairs, stairwells, escalators, elevators, base building restrooms and all Common Areas (collectively, the “Building Structure”), and the Base Building mechanical, electrical, life safety, plumbing, sprinkler and HVAC systems installed or furnished by Landlord (collectively, the “Building Systems”). Except as specifically set forth in this Lease to the contrary, Tenant shall not be required to repair the Building Structure and/or the Building Systems except to the extent required because of Tenant’s use of the Premises for other than normal and customary business office operations. Tenant shall, at Tenant▇▇▇▇▇▇’s own expense, keep the Premises, including all improvements, fixtures, furnishings, fixtures and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), 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 reasonable approval of LandlordLandlord (which shall not be unreasonably withheld, conditioned or delayed), and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that if Tenant fails to make such repairs within applicable notice and cure periodsthat, Landlord mayshall have the exclusive right, at ▇▇▇▇▇▇▇▇’s option, but need notnot the obligation, to make such repairs and replacements, and Tenant shall pay to Landlord the cost thereof, including a management Landlord’s standard fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts its involvement with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; providedand replacements, 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 therewithpromptly upon being billed for same. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.607152.05/WLA [Nighthawk Radiology Services, LLC] E2621-081/1-8-07/kt/kt -17- [AMLGMN]
Appears in 1 contract
Repairs. Tenant Except as otherwise provided in Article VII, except as resulting from Tenant’s negligence or misuse (or the negligence or misuse of Tenant’s employees, agents, contractors, licensees or invitees), except as resulting from settling or sagging within standard engineering tolerance (provided that the settling or sagging does not affect the surface or structural integrity of the Building or in any way materially affect the ordinary and customary use of the Premises, or any part thereof by Tenant), or except for damage or deterioration resulting from reasonable wear and damage, Landlord shall maintain, at its expense, the structural integrity of the Building, including but not limited to the roof, exterior walls, and windows and skylights. Landlord shall, at Tenant’s own expenseexpense apportioned pursuant to Section 4.2, also be responsible for (i) all exterior maintenance, repairs and replacements necessary to keep in good condition and working order all Common Areas of the PremisesPark, and the trees, shrubs, plants, landscaping, parking areas, driveways and walkways on the Lot or elsewhere in the Park, including but not limited to, all improvementslighting and other fixtures and equipment serving such parking areas, fixtures, furnishingsdriveways and walkways, and systems (ii) providing the services and equipment within performing the Premises maintenance work set forth in Section 4.2 and Article VII hereof, and (or, provided that Landlord provides access iii) performing necessary repairs to Tenant, any systems and equipment outside maintain the watertight integrity of the Premises but exclusively serving roof, windows and skylights (exclusive of costs associated with replacing all or a portion of the Premisesroofing), in good order. Landlord shall also maintain, repair and replace, in a timely manner, the HVAC equipment in the Building, such that it shall be in good operation condition at throughout the Term and any contemplated extension herein provided, reasonable wear and tear excepted, and in connection therewith, Landlord shall warrant the useful life of any such equipment throughout the Term and shall perform all times during necessary repairs and replacements to maintain the Lease Termwatertight integrity of the Building, including but not limited to the roof, exterior wall, windows and skylights. In addition, Tenant Landlord shall, at Tenant’s own expense, but under in all instances regardless of the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except party responsible for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need notpayment, make all of such repairs and replacementsreplacements necessary to maintain the foregoing in good condition and working order and in compliance with all laws and all costs and expenses therefor shall be chargeable to Tenant subject to, and Tenant shall pay Landlord pursuant to, the cost thereof, provisions of Section 4.2 (including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible electricity for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to TenantHVAC units), 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, except that Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) replacement of the Buildingroof, the structural portions of the floors of the Buildingstructure, and the base building systems and equipment foundation of the Building , all at Landlord’s sole cost and Common Areasexpense (except if the same is necessitated due to Tenant’s negligence or misuse as aforesaid, or in Section 6.1.15 to the contrary). All other repairs and all portions of the Project outside the Premises and not exclusively leased to other tenantsmaintenance, except as specifically otherwise provided for herein, shall be the responsibility of Tenant on a proportional basis based on the Tenant’s Share in the Building. In the event that Tenant 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 extent that terms of this Section 5.1.3, Landlord shall respond promptly to investigate such repairs are required due to the negligence or willful misconduct of Tenant; providedcondition, howeverand, that if such repairs are due to the negligence or willful misconduct of TenantLandlord’s obligation hereunder, Landlord shall nevertheless make such repairs at Tenant’s expensecommence promptly to repair same and to diligently complete said repair. Tenant agrees during the Term to provide Landlord notice as soon as reasonably possible of any condition known to Tenant which might require, or, or if covered by left uncorrected will necessitate Landlord’s insurance, repair pursuant to this Section 5.1.3. Tenant shall only be obligated have the right to pay any deductible in connection therewith. Subject to the terms of Article 27require, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon with reasonable prior notice notice, a representative of Landlord to make such repairs, alterations, improvements or additions to inspect the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord for repairs which may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at the responsibility of Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.;
Appears in 1 contract
Sources: Lease Agreement (Nexx Systems Inc)
Repairs. Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishings, fixtures and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)furnishings therein, in good order, repair and condition at all times during the Lease Term, ordinary wear and tear excepted. In addition, . Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior reasonable approval of LandlordMiramar, and within any reasonable period of time specified by LandlordMiramar, promptly and adequately repair all damage to the Premises and replace or repair all damaged, . broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that that, at Miramar's option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord Miramar may, but Initial Here: Tenant: -------------- Landlord: ------------ need not, make such repairs and replacements, and Tenant shall pay Landlord Miramar the reasonable cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) percentage of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of cost thereof (to be uniformly established for the Building and Common Areasfor the Property and which percentage shall be comparable to that charged by landlords of comparable buildings in Malibu, California) sufficient to reimburse Miramar for all overhead. general conditions fees and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that costs or expenses arising from landlord's involvement with 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 therewithand replacements forthwith upon being billed for same. Subject to the terms of Article 27, below, Landlord Miramar may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior written notice to Tenant (24 hours conclusively deemed to be reasonable) to make such repairs, alterations, improvements or additions to the Premises premises or to the Project Property or to any equipment located in the Project Property as Landlord Miramar shall desire or deem necessary or as Landlord Miramar may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s Miramar's expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute statute, or ordinance now or hereafter in effect. ; provided, however, that nothing in this Article 7 shall limit Tenant’s obligation hereunder shall include maintenance and repair 's rights under Section 19.4 of all telecommunications wire and cabling with the Building’s network cablingthis Lease.
Appears in 1 contract
Repairs. Tenant shallshall keep the Premises (including, without limitation, all Fixtures which are not the responsibility of Landlord pursuant to this Lease to repair) in good condition and, upon expiration or earlier termination of the Term, shall surrender the same to Landlord in the same condition as when first occupied, reasonable wear and tear excepted (to the extent Tenant pays to Landlord (A) in accordance with Section 7.05(g) in connection with a casualty damage to Tenant’s Improvements and Betterments one-half of the sum of (i) the insurance proceeds covering Tenant’s Improvements and Betterments, (ii) the amount of any deductible under the policy insuring Tenant’s Improvements and Betterments and (iii) the amount, if any, by which the cost of repairing and restoring Tenant’s Improvements and Betterments as estimated by a reputable contractor designated by Landlord and reasonably acceptable to Tenant exceeds clauses (i) and (ii) above and (B) in connection with a condemnation proceeding affecting the Premises or any part thereof, any condemnation proceeds it receives in connection with Improvements and Betterments in the Premises, then Tenant may surrender the Premises to Landlord subject to damage by casualty or condemnation). Subject to the preceding sentence and except to the extent of the release of liability and waiver of subrogation provided in Section 7.03 hereof, 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 own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time 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; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for to repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point replace as necessary any solar film attached to the Premises (but only exterior windows of the Premises, which repair shall be performed by Landlord at the expense of Tenant, to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only solar film was damaged after the applicable Commencement Date or Second Commencement Date with respect to the extent that Landlord provides access Blocks and with respect to any other space included in the Premises, on the date possession of such space is delivered to Tenant), . Landlord and Tenant shall secureshall, pay foron or promptly after each Commencement Date or Second Commencement Date or date possession is delivered to Tenant, and keep as applicable, prepare a punchlist indicating which solar film in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance applicable part of the Premises is damaged as of the date of the preparation of such systems. Notwithstanding the foregoing, punchlist and 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, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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, replace same as set forth in Exhibit G. Tenant shall only not commit or allow to be obligated committed any waste or damage to pay any deductible in connection therewith. Subject to the terms portion of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Lease (LEM America, Inc)
Repairs. Tenant shallSection 6.1. Throughout the Term, Tenant, at Tenant’s own its sole cost and expense, keep shall take good care of the Premises, including all improvementsbuildings, fixturesstructures, furnishingsparking areas, driveways, access roads, railroad spur lines and related facilities (to the extent of Landlord’s obligation to maintain or repair the same pursuant to any applicable agreement with the railroad company), and systems other improvements and equipment within appurtenances located at the Premises (orPremises, provided that Landlord provides access and will put, keep and maintain the same in clean, good and safe order and condition, and make all repairs therein and thereon, interior and exterior, structural and nonstructural, ordinary and extraordinary, and unforeseen and foreseen, necessary, in Tenant’s reasonable judgment, to Tenantkeep the same in good and safe order and condition, any systems howsoever the necessity or desirability therefor may occur, and equipment outside whether or not necessitated by wear, tear, obsolescence or defects, latent or otherwise. 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 Section 6.1, the term “repairs” shall include all necessary replacements, renewals, alterations and additions. All repairs made by Tenant shall be equal in quality and class to the quality and class of the Premises but exclusively serving Improvements existing on the Premises), in good order, repair and condition at all times during the Lease Termdate hereof.
Section 6.2. In addition, Tenant shall, at Tenant’s own its sole cost and expense, but under the supervision keep all driveways, parking areas, sidewalks, ground areas and subject to the prior reasonable approval curbs on, in front of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage or adjacent to the Premises reasonably clean and replace or repair all damagedfree from dirt, brokensnow, or worn fixtures ice, rubbish, obstructions and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, encumbrances.
Section 6.3. Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required toto furnish any services, enter utilities or facilities whatsoever to the Premises at all reasonable times and upon reasonable prior notice Premises. Landlord shall have no duty or obligation to make such repairsany alteration, alterationschange, improvements improvement, replacement or additions repair to the Premises any Premises, whether foreseen or unforeseen, or to the Project or to maintain any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Premises, and Tenant hereby expressly waives and releases its the right to make repairs at the expense of Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under , which right may be provided for in any similar law, statute or ordinance Laws now or hereafter in effect. Tenant’s obligation hereunder shall include Tenant assumes the full and sole responsibility for the condition, operation, repair, alteration, improvement, replacement, maintenance and repair management of all telecommunications wire and cabling with the Building’s network cablingPremises.
Appears in 1 contract
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), A) Except as set forth 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 Paragraph 5(B) and subject to the prior reasonable approval of Landlordreimbursement under Article 3, and within any reasonable period of time specified by Landlord, promptly and adequately repair Landlord shall cause all damage necessary repairs to be made to the Premises roof, structural portions of the Building and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereofexisting Building systems, including the electrical and plumbing systems (including sprinklers) (excluding any equipment in the laboratories), exterior doors, windows, corridors and other common areas of the Building and the Project and Landlord shall cause the Building and the Project to be kept in a management fee of five percent safe, clean and neat condition and shall use reasonable efforts to keep all equipment used in common with other tenants (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, as plumbing, heating, ventilating air conditioning and air-conditioning systems similar equipment) in good condition and other utility services serving the Premises from the Building connection point repair. Although Landlord will make direct payments for these repairs, Tenant’s obligation to the Premises pay its share of increase in Project Operating Expenses (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only set forth in Article 3) which will supply funds to Landlord to pay for certain of these repairs will not be diminished. For the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for first year of the regular maintenance of such systems. Notwithstanding the foregoingTerm, Landlord shall be responsible for the repair and maintenance of all HVAC equipment at the Premises; however, following the expiration of the first year of the Term, Tenant shall be solely responsible for all HVAC units and components with respect to any lab areas of the Premises and any other areas that are serviced by the same HVAC system. In no event shall Landlord be responsible for any hoods or other equipment in the lab area of the Premises, regardless of the date of installation. Except as may be expressly set forth herein, there shall be no abatement of Rent and no liability of Landlord by reason of any injury to or interference with Tenant's business arising from the making of any repairs, alterations or improvements in or to any portion of the Building or the Project or in or to fixtures, appurtenances and equipment therein or thereon.
(B) Tenant agrees that all repairs to the exterior wallsPremises not required above to be made by Landlord and all decorating, foundation remodeling, alteration and roof (including roof membrane) painting required by Tenant during the term of this Lease, if approved by Landlord, shall be made by Landlord at the Buildingsole cost and expense of Tenant. Tenant will pay for any repairs to the Premises, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of or the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the made necessary by any negligence or willful misconduct acts or omissions of Tenant; providedTenant or its assignees, howeversubtenants, that if such repairs are due to employees or their respective agents or other persons permitted in the negligence Building or willful misconduct of on the Project by Tenant, Landlord shall nevertheless make such repairs at Tenant’s expenseor any of them, orand Tenant will maintain the Premises, if covered by Landlord’s insuranceand, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms upon termination of Article 27this Lease, below, Landlord may, but shall not be required to, enter will leave the Premises at all reasonable times in a safe, clean, neat and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingsanitary condition.
Appears in 1 contract
Sources: Lease Agreement (Cytosorbents Corp)
Repairs. Tenant shallSubject to Section 11, Tenant, at Tenant’s own its expense, keep shall perform all maintenance and repairs (including replacements) to the Premises, and keep the Premises in as good condition and repair as existed when Tenant took possession and as thereafter improved by Landlord and/or Tenant, except for reasonable wear and tear and repairs that are Landlord’s express responsibility hereunder. Tenant’s maintenance and repair obligations shall include (a) all leasehold improvements in the Premises, whenever and by whomever installed or paid for, including all improvementsany Tenant Improvements, fixtures, furnishingsany Alterations (defined in Section 7.2), and systems any leasehold improvements installed pursuant to any prior lease, but excluding the Base Building (the “Leasehold Improvements”); (b) all supplemental heating, ventilation and equipment within the Premises air conditioning units, kitchens (orincluding hot water heaters, provided that Landlord provides access to Tenantdishwashers, any systems garbage disposals, insta-hot dispensers, and equipment outside of the Premises but plumbing) and similar facilities exclusively serving the Premises), in good order, repair and condition at all times during whether located inside or outside of the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of LandlordPremises, and within any reasonable period of time specified whenever and by Landlord, promptly whomever installed or paid for; and adequately repair (c) all damage to the Premises Lines (defined in Section 23) and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systemstrade fixtures. Notwithstanding the foregoing, Landlord may, at its option, perform such maintenance and repairs on Tenant’s behalf, in which case Tenant shall be responsible for pay Landlord, upon demand, the cost of such work plus a coordination fee equal to 10% of such cost. Landlord shall perform all maintenance and repairs to (i) the roof and exterior walls, foundation walls and roof (including roof membrane) windows of the Building, (ii) the Base Building, and (iii) the Common Areas. As used herein, “Base Building” means the structural portions of the floors Building, together with all mechanical (including HVAC), electrical, plumbing and fire/life-safety systems serving the Building in general, whether located inside or outside of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingPremises.
Appears in 1 contract
Repairs. (a) Tenant shallshall keep the Premises (including, without limitation, all Fixtures) in good condition and, upon expiration or earlier termination of the Term, shall surrender the same to Landlord in the same condition as when first occupied, reasonable wear and tear excepted and otherwise in the condition required under Section 4.03(c). Tenant’s obligation shall include, without limitation (and notwithstanding the provisions of Section 4.05(b) below), 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, 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 own reasonable expense. Tenant shall not commit or allow to be committed any waste or damage to any portion of the Premises or the Project.
(b) Subject to the second sentence of Section 4.05(a), keep Landlord, at Landlord’s expense (but subject to reimbursement by way of Operating Expenses to the extent includable therein), shall operate, maintain, repair and replace, if necessary, (i) all structural portions of the Building, such as, by way of example only, the roof, foundation, footings, exterior walls, load-bearing columns, ceiling and floor slabs, windows, window s▇▇▇▇ and sashes, (ii) all common and public service areas of the Building, including, without limitation, all common elevators, (iii) all Building systems serving the common and public service areas and the Premises and (iv) all fixtures located in the core restrooms in the Premises, including all improvements, fixtures, furnishingsthroughout the Term, and systems in such a manner as is consistent with the maintenance, operation and equipment within the Premises (orrepair standards of First Class Office Buildings; provided, provided that Landlord provides access Landlord’s obligations under this Section 4.05(b) shall be limited to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlordareas of, and within any reasonable period of time specified by Landlordinstallations within, promptly and adequately repair all damage the Building which Tenant is entitled to use or which otherwise serve the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, Landlord shall have no liability to Tenant for any failure to maintain such standards except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating failure materially and air-conditioning systems adversely affects Tenant’s use and other utility services serve Tenant exclusively and only to enjoyment of the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systemsPremises. Notwithstanding the foregoing, if any damage repaired by Landlord under this Section 4.05(b) is caused by Tenant or any of Tenant’s agents, employees, invitees and licensees, such repair 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, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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, performed by Landlord shall nevertheless make such repairs at Tenant’s reasonable expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Repairs. Landlord, at its sole cost and expense, shall keep the foundations, concrete slab, parking areas, and structural portions of the outer walls of the Premises and the Common Areas in good repair and condition, including replacement when necessary. Landlord, subject to reimbursement as an Operating Expense Payment, shall keep the roof and roof membrane of the Premises, parking areas and, the Common Areas in good repair and condition, including replacement when necessary. Except as set forth above, Landlord shall not be required to make any other repairs of any kind upon the Premises. Tenant shall, at Tenant’s own cost and expense, keep make all other repairs and replacements to the Premises, Premises including all improvements, the fixtures, furnishingsequipment (including the heating, ventilation and systems air conditioning equipment and equipment within system exclusively serving the Premises (or“HVAC”)), provided that Landlord provides access to Tenantand utility lines (e.g., any systems electrical, gas, plumbing, and equipment outside of the Premises but sewage facilities/lines) exclusively serving the PremisesPremises up to the point of connection to the main line(s), in good order, repair and condition at all times during the Lease Termas well as cages for utility boxes. In addition, Tenant shallshall keep the Premises in a clean, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlordsanitary, and within any reasonable period of time specified attractive condition. Tenant shall keep in effect an HVAC maintenance agreement, with a contractor approved by Landlord provided however the vendors listed on Exhibit D attached hereto are hereby approved by Landlord, promptly and adequately repair all damage which agreement shall require, at a minimum, quarterly visits during the Term followed by a written HVAC condition report with a copy sent to the Premises and replace or repair all damagedLandlord. If after notice, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periodsany repair or replacement as required by this Lease, Landlord may, but need notin addition to any other rights it may have under this Lease, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of or replacement on Tenant’s behalf at Tenant’s cost. In such costs. Without limitationevent, Tenant shall be responsible reimburse Landlord for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 actual out of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingpocket costs within 30 days after demand therefor plus a [*****] administrative fee.
Appears in 1 contract
Sources: Lease Agreement (Kamada LTD)
Repairs. Landlord shall repair and maintain the structural portions of the Buildings, and the plumbing, heating, ventilating, airconditioning and electrical systems installed or fumished by Landlord and located within or outside the Premises, unless such maintenance and repairs are caused in part or in whole by the act, neglect, fault or omission of any duty by Tenant or the "Tenant Parties," as that term is defined in Section 10.1, below, in which event ------------ Tenant shall pay to Landlord, as Additional Rent, the reasonable cost of such maintenance and repairs. Tenant shall, at Tenant’s 's own expense, pursuant to the terms of this Lease, including without limitation Article 8 hereof. keep the -------- Premises, including all improvements, fixtures, furnishings, fixtures and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)furnishings therein, in good order, repair and condition at all times during the Lease Term, reasonable wear and tear excepted. In addition, If either Landlord or Tenant shall, at Tenant’s own expense, but under the supervision and subject fails in its obligations to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, brokenmake, or worn fixtures to commence making and appurtenancesdiligently pursue, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 under the terms of Article 27this Lease, belowafter reasonable notice, assumed to be thirty (30) days in nonemergency situations, the other party may accomplish the repair at the expense of the party failing to make the repair, provided such expense is reasonable, and provided the party charged has had a fair opportunity to accomplish the repair. Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or and additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and CREEKSIDE PLAZA x TriNet Employer Group, Inc. releases its right to make repairs at Landlord’s 's expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Office Lease (Trinet Group Inc)
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishingsequipment, window coverings, and systems furnishings therein, and equipment within the floor or floors of the Building on which the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, 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 management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord’s involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements forthwith upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenantsBuilding, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable at least 24 hours prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, or (ii) repairs which are the obligation of Tenant hereunder which Tenant fails to make after the applicable notice and cure period, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to item (ii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Office Lease (Selectica Inc)
Repairs. Except to the extent Landlord is responsible for repair and maintenance as expressly set forth below, Tenant shall, at Tenant’s 's own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within therein (including, without limitation, (a) plumbing fixtures and equipment such as dishwashers, garbage disposals, and insta-hot dispensers, and (b) all equipment located in the Premises (or, provided that Landlord provides access is utilized to Tenant, any systems and equipment outside of the Premises but exclusively serving supply supplemental HVAC to the Premises), and the floor or floors of the Building on which the Premises are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant, or as set forth in Section 11 below; provided however, that that, at Landlord's option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord's involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements forthwith upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenantsBuilding, 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 's expense, or, if covered by Landlord’s 's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, in accordance with Article 27 below, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense any and all rights under and benefits of subsection 1 of Section 1932 and Sections 1941 and 1942 of the California Civil Code or under any similar law, statute statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Office Lease (Zeltiq Aesthetics Inc)
Repairs. Tenant shallagrees to take good care of the apartment and keep the premises, equipment and fixtures in a first-class condition and repair. Tenant agrees to notify Landlord in writing immediately of any necessary maintenance and repairs online at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. There will be no abatement of rent for a period when Landlord is making repairs or improvements to Tenant's apartment or building. Tenant must at Tenant’s own expense's cost, keep make all repairs and maintenance whenever the Premisesneed results from Tenant's action or neglect of any person on the premises with ▇▇▇▇▇▇'s knowledge and consent. These instances include but are not limited to clogged plumbing (by flushing in toilet or drains: paper towels, including all improvementssanitary napkins, fixturestampons, furnishings, condoms and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, wipes of any systems and equipment outside of the Premises but exclusively serving the Premisessort or description), the introduction of insects and bed bugs or other vermin into the premises, broken windows, torn screens, floor gouging, holes or tears in good orderthe walls, repair and condition at all times during etc. Landlord is responsible to install barriers to entry by pests. Landlord will treat any infestations for the Lease Term. In additionfirst 90 days of lease, after 90 days, 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 will be responsible for all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if infestations. If Tenant fails to make such repairs within applicable notice and cure periodsa needed repair or maintenance, Landlord maymay do so and charge Tenant accordingly. ▇▇▇▇▇▇▇▇'s expense may be deemed as additional rent and will be payable with the following month's rent. Tenant may not add/change locks, but need notuse common areas, make such repairs hallways, staircases, attics, or basements for storage or install, or use overhead (ceiling) fans, space heaters, air conditioning units, dimmer switches, waterbeds and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving like without the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) written permission 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, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Lease Agreement
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time 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; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of not located in or exclusively serving the Project outside the Premises and not exclusively leased to other tenantsPremises, 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 's expense, or, if covered by Landlord’s 's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject Tenant shall, at Tenant's own expense, pursuant to the terms of this Lease, including without limitation Article 278 hereof, belowkeep the Premises, 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, pursuant to the terms of this Lease, including without limitation Article 8 hereof, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by 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 (not to exceed five percent (5%) of the costs incurred) sufficient to reimburse Landlord for all overhead, general conditions, fees and other costs or expenses arising from Landlord's involvement with such repairs and replacements forthwith upon being billed for same. Landlord may, but shall not be required to, enter the Premises at all reasonable times and times, upon reasonable prior notice, except in the case of an emergency, in which case no notice shall be required, to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided that in connection with any such repairs, Landlord shall use commercially reasonable efforts to minimize interference with Tenant's use of, and access to, the Premises. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Office Lease (Schuler Homes Inc)
Repairs. Tenant shall, at Tenant’s 's own expense, keep the Premises, including without limitation the maintenance and repair of all improvementsglass panels and partitions, fixturesinterior lavatories, furnishingsshowers, toilets, basins, kitchen facilities, kitchen appliances and HVAC systems including each of their respective mechanical, plumbing and equipment within electrical connections (whether such systems or facilities are fully contained in the Premises (orPremises, provided that Landlord provides access or exist outside the Premises, but were fully installed or are maintained to Tenant, any systems and equipment outside of the Premises but exclusively serving serve the Premises), including all non-structural 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 condition, including any removal of Hazardous Material, if any, associated with such repairs, however, ordinary wear and tear during the Lease TermTerm shall be excepted. In addition, Tenant shall, at Tenant’s 's own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided provided, however, that at Landlord's option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%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 shall not be liable for damage that may be sustained by the person, goods, wares, merchandise or property of such costs. Without limitationTenant, Tenant shall be responsible for repair and maintenance its employees, invitees, customers, agents, or contractors, or any other person in, on or about the Premises directly or indirectly caused by or resulting from any cause whatsoever, including, but not limited to, fire, steam, electricity, gas, water, or rain which may leak or flow from or into any part of all electricalthe Premises, or from the breakage, leakage, obstruction or other defects of the pipes, sprinklers, wires, appliances, plumbing, heatingair conditioning, ventilating and air-conditioning systems and other utility services serving light fixtures, or mechanical or electrical systems, or from intrabuilding cabling or wiring, whether such damage or injury results from conditions arising upon the Premises or upon other portions of the Project or from other sources or places and regardless of whether the Building connection point to cause of such damage or injury or the Premises (but only to means of repairing the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access same is inaccessible to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenantsBuilding, 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 's expense, or, if covered by Landlord’s 's insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, furnishings and systems and equipment within 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 (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord’s involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements forthwith upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenantsBuilding, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.621575.04/WLA ▇▇▇▇▇-▇▇▇/▇▇-▇-▇▇/▇▇/▇▇ -▇▇- ▇▇▇▇ ▇▇▇▇▇▇▇ PLAZA [BrightSource Energy, Inc.]
Appears in 1 contract
Repairs. Landlord shall maintain in first-class condition and operating order and keep in good repair and condition the structural portions of the Building, including the foundation, floor/ceiling slabs, roof structure (as opposed to roof membrane), curtain wall, exterior glass and mullions, columns, beams, shafts (including elevator shafts), 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 Project Common Areas. Notwithstanding anything in this Lease to the contrary, Tenant shall be required to repair the Building Structure and/or the Building Systems to the extent caused due to Tenant’s use of the Premises for other than normal and customary business office operations, unless and to the extent such damage is covered by insurance 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, furnishingsfixtures and furnishings therein, and systems and equipment within the floor or floors of the Building on which the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)are located, in good order, repair and condition at all times during the Lease TermTerm (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 reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenancesappurtenances (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 teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, 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 management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts Landlord’s involvement with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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 therewithand replacements forthwith upon being billed for same. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and times, upon reasonable prior twenty-four (24) hours notice to Tenant (except in the case of an emergency), to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree; provided, however, except for (i) emergencies, (ii) repairs, alterations, improvements or additions required by governmental or quasi-governmental authorities or court order or decree, or (iii) repairs which are the obligation of Tenant hereunder, any such entry into the Premises by Landlord shall be performed in a manner so as not to materially interfere with Tenant’s use of, or access to, the Premises; provided that, with respect to items (ii) and (iii) above, Landlord shall use commercially reasonable efforts to not materially interfere with Tenant’s use of, or access to, the Premises. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Office Lease (Memec Inc)
Repairs. Section 4.1 Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside shall take good care of the Demised Premises but exclusively serving and the Premises), in good order, repair fixtures and condition at all times during the Lease Termappurtenances therein. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject All damage or injury 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 Demised Premises and replace or repair all damaged, broken, or worn to such fixtures and appurtenances, except for damage or to the Building, or to its fixtures, appurtenances and equipment, excluding normal wear and tear caused by ordinary wear Tenant’s moving property in and tear; provided howeverout of the Building or the Demised Premises, that if or by installation or removal of fixtures, furniture or other property, or from any other cause, shall be repaired, restored or replaced promptly by Tenant, at its sole cost and expense. All repairs, restorations and replacements shall be in quality and class equal to the original work or installations. If Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and restorations or replacements, and Tenant shall pay Landlord the cost thereofsame may be made by Landlord, including a management fee of five percent (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systems. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, 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, orand the amounts spent by Landlord shall be collectible as additional rent, if covered to be paid by Tenant within fifteen (15) days after rendition of a b▇▇▇ by Landlord.
Section 4.2 Except as arising solely out of Landlord’s insurancenegligence, there shall be no allowance to Tenant for a diminution of rental value, and no liability on Landlord’s part, by reason of inconvenience, annoyance or injury to Tenant’s business arising from the making of repairs, alteration, additions or improvements in or to the Demised Premises or the Building, or to the fixtures, appurtenances or equipment thereof, by Landlord, Tenant shall only be obligated or others. Landlord will use reasonable efforts to pay any deductible in connection therewith. Subject to not interrupt Tenant’s use and enjoyment of the terms of Article 27, below, Landlord may, but shall not be required to, enter the Demised Premises at all reasonable times and upon reasonable prior notice to make when making such repairs, alterations, improvements additions or additions improvements, but the obligation to use best efforts shall not require Landlord to employ overtime labor or pay any premium or surcharge for labor or materials.
Section 4.3 (a) Subject to the provisions of Section 4.3(b), Tenant, at Tenant’s sole cost and expense, will keep and maintain the Demised Premises or to the Project or to any and all fixtures and equipment located therein in a clean, safe and sanitary condition, will take good care thereof, in accordance with the terms of this Lease, and will suffer no waste or injury thereto, and will, at the expiration or other termination of the term of this Lease, surrender the Demised Premises broom clean, in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court same order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 condition in which they are in on the Commencement Date, ordinary wear and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingtear excepted.
Appears in 1 contract
Sources: Lease Agreement (Inphonic Inc)
Repairs. Tenant shall, at Tenant’s own expense, keep the Premises, including all improvements, fixtures, furnishings, and systems and equipment within 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 floor or floors of the Building on which the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)are located, in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and teartear or beyond the reasonable control of Tenant; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsthirty (30) days after its receipt of Notice from Landlord, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five ten percent (510%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing for the regular maintenance of such systemssupervisory fee forthwith upon being billed therefor. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, the Common Areas, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenantsBuilding, 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 27Upon twenty four (24) hours notice (except in an emergency), belowwhich may be given via email or orally, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Except in an emergency, Tenant shall be entitled to require that an employee of Tenant accompany Landlord during such entry into the Premises, provided Tenant makes such employee available at the time Landlord desires to enter the Premises. Tenant hereby waives any and releases its right to make repairs at Landlord’s expense 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 statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Office Lease (Solar Power, Inc.)
Repairs. Tenant shallTenant, at its expense, shall perform all maintenance and repairs (including replacements) to the Premises that are not Landlord’s express responsibility hereunder, and shall keep the Premises in good condition and repair, reasonable wear and tear excepted. Tenant’s own expense, keep maintenance and repair obligations shall include (a) all leasehold improvements in the Premises, whenever and by whomever installed or paid for, including all improvementsany Tenant Improvements, fixtures, furnishingsany Alterations (defined in Section 7.2), and systems any leasehold improvements installed pursuant to any prior lease, but excluding the Base Building (the “Leasehold Improvements”); (b) all supplemental heating, ventilation and equipment within the Premises air conditioning units, kitchens (orincluding hot water heaters, provided that Landlord provides access to dishwashers, garbage disposals, insta-hot dispensers, and plumbing) and similar facilities exclusively serving Tenant, any systems and equipment whether located inside or outside of the Premises but exclusively serving the Premises), in good order, repair and condition at all times during the Lease Term. In addition, Tenant shall, at Tenant’s own expense, but under the supervision and subject to the prior reasonable approval of Landlord, and within any reasonable period of time specified whenever and by Landlord, promptly whomever installed or paid for; and adequately repair (c) all damage to the Premises and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tear; provided however, that if Tenant fails to make such repairs within applicable notice and cure periods, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee of five percent Lines (5%) of such costs. Without limitation, Tenant shall be responsible for repair and maintenance of all electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serving the Premises from the Building connection point to the Premises (but only to the extent such electrical, plumbing, heating, ventilating and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenantdefined in Section 23), 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 may at its option, or shall on Tenant’s request, perform such maintenance and repairs on Tenant’s behalf, in which case Tenant shall pay Landlord, upon demand, the actual cost of such work plus a coordination fee equal to 5% of such cost (and if Landlord’s employees or management personnel perform such work, no other overhead fee or profit percentage will be responsible for repairs charged). Landlord shall perform all maintenance and repairs, at Landlord’s sole cost, or subject to reimbursement of Expenses pursuant to Section 4 of this Lease, as appropriate, to (i) the roof and exterior walls, foundation walls and roof (including roof membrane) windows of the Building, (ii) the Base Building, and (iii) the Common Areas, to a standard consistent with first-class office buildings. As used herein, “Base Building” means the structural portions of the floors Building, together with all mechanical (including HVAC), electrical, plumbing and fire/life-safety systems serving the Building in general, whether located inside or outside of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions of the Project outside the Premises and not exclusively leased to other tenants, except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cablingPremises.
Appears in 1 contract
Repairs. Tenant shall, at Tenant▇▇▇▇▇▇’s own expense, keep the Premises, including all improvements, fixtures, furnishings, fixtures and systems and equipment within the Premises (or, provided that Landlord provides access to Tenant, any systems and equipment outside of the Premises but exclusively serving the Premises)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 reasonable approval of Landlord, and within any reasonable period of time specified by Landlord, promptly and adequately repair all damage to the Premises (ordinary wear and tear excepted) and replace or repair all damaged, broken, or worn fixtures and appurtenances, except for damage caused by ordinary wear and tearto the extent that such repairs are required due to the gross negligence or willful misconduct of Landlord; provided however, that that, at Landlord’s option, or if Tenant fails to make such repairs within applicable notice and cure periodsrepairs, Landlord may, but need not, make such repairs and replacements, and Tenant shall pay Landlord the cost thereof, including a management fee percentage of five percent the cost thereof (5%to be uniformly established for the Building and/or the Project) of such costs. Without limitationsufficient to reimburse Landlord for all overhead, Tenant shall be responsible for repair and maintenance of all electricalgeneral conditions, plumbing, heating, ventilating and air-conditioning systems fees and other utility services serving the Premises costs or expenses arising from the Building connection point to the Premises (but only to the extent Landlord’s involvement with such electrical, plumbing, heating, ventilating repairs and air-conditioning systems and other utility services serve Tenant exclusively and only to the extent that Landlord provides access to Tenant), and Tenant shall secure, pay for, and keep in force contracts with appropriate and reputable service companies reasonably approved by Landlord providing replacements forthwith upon being billed for the regular maintenance of such systemssame. Notwithstanding the foregoing, Landlord shall be responsible for repairs to the exterior walls, foundation and roof (including roof membrane) of the Building, the structural portions of the floors of the Building, and the base building systems and equipment of the Building and Common Areas, and all portions (subject to inclusion of the Project outside cost of such repairs in Operating Expenses to the Premises and not exclusively leased to other tenantsextent permitted by Article 4), except to the extent that such repairs are required due to the negligence or willful misconduct of Tenant; provided, however, that if such repairs are due to the negligence or willful misconduct of Tenant, Landlord shall nevertheless make such repairs at Tenant’s expense, or, if covered by Landlord’s insurance, Tenant shall only be obligated to pay any deductible in connection therewith. Subject to the terms of Article 27, below, Landlord may, but shall not be required to, upon not less than twenty-four (24) hours prior notice to Tenant (except in the event of an emergency, in which event, no notice shall be required), enter the Premises at all reasonable times and upon reasonable prior notice to make such repairs, alterations, improvements or additions to the Premises or to the Project or to any equipment located in the Project as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental or quasi-governmental authority or court order or decree. In making any such repairs, Landlord shall use commercially reasonable efforts to minimize any interference with ▇▇▇▇▇▇’s use of the Premises. Tenant hereby waives and releases its right to make repairs at Landlord’s expense under Sections 1941 and 1942 of the California Civil Code or under any similar law, statute statute, or ordinance now or hereafter in effect. Tenant’s obligation hereunder shall include maintenance and repair of all telecommunications wire and cabling with the Building’s network cabling.
Appears in 1 contract
Sources: Office Lease (Doma Holdings, Inc.)